The edition does not include the list of names of the victims of afspa or. The armed forces special powers act, 1958 act 28 of 1958, 11th september, 1958 an act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the state of 1 arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and. It was later preceded by afspa on september 11, 1958. This secure form is for overseas health care facilities, u. The ministry of home affairs mha has declared the entire state of nagaland as a disturbed area for six more months, under the armed forces special powers act, 1958 afspa.
Human rights watch urges the government of india to repeal the armed forces special powers act 1958 and the armed forces jammu and kashmir special powers act 1990. Afpsa also violates the following provisions of udhr, such as. This act came into force in context of increasing violence in northeastern states of india decades ago, which state governments found difficult to control. The impunity that enables violations by the armed forces is wired into the system and comes primarily from the armed forces special powers act, 1958, long targeted for criticism by human rights. It was passed to enable certain special powers to be conferred upon the armed forces in disturbed areas in the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura. Afspa was enacted in 1958 to bring under control what the government of india considered disturbed areas. After the alleged extrajudicial execution of 32yearold, ms thangjam manorama devi following her arrest as a suspected member of the peoples liberation army pla by the assam rifles personnel at 3. The armed forces special powers act, 1958 in manipur and. The armed forces special powers act was announced in 1958 to hold down the government of india thought as disturbed areas. Armed forces assam and manipur special powers act, 1958.
Afspa has been in force in the northeast and jammu and kashmir, and the draconian law has been the reason of wide protests. Understanding the armed forces special powers act afspa. Pdf sexual violence in conflict and indias armed forces. The afspa was enacted in 1958, as a short term measure, vouchsafing special powers upon members of the armed forces in disturbed areas in the then state of assam and union territory. Comprised almost exclusively of incendiary footage, including acts of selfimmolation, the. Enactment of the armed forces special powers act, 1958, has led to bitter centrestate. Rakesh shukla, why temperance will not work with afspa, in manipuronline. The tripura government on thursday decided to lift the controversial law which according to a press trust of india report was in effect for the last 18 years to curb insurgency.
It became known as the armed forces special powers act, 1958. Republic of india the armed forces special powers act. Afspa was enacted in 1958, as a short term measure, vouchsafing special. In this act, unless the context otherwise requires.
On july 11, 2004, the alleged rape and killing of thanjam manorama, suspected to be a cadre of the peoples liberation army pla, sparked agitations throughout manipur for. According to the disturbed areas special courts act, 1976 once declared disturbed, the area has to maintain status quo for a minimum of 3 months. The state, which was formed on february 20, 1987, had inherited the controversial afspa enacted by parliament in 1958 and applied to the entire state of assam and the union territory of manipur. Act 28 of 1958 the armed forces special powers bill was passed by both the houses of parliament and it received the assent of the president on 11th september, 1958. What are the special powers given to army officials. Pdf slides of all the environment videos, 700 slides for free video lectures and st. The armed forces special powers act of 1958 afspa is one of the more draconian legislations that gives. The present act was enacted by the parliament in 1958 and. Interpreting provisions of the armed forces special. After soliciting support from the people of 11 states in their drive against the draconian armed forces special powers act afspa, the save sharmila solidarity campaign on. Violence became the way of life in northeastern states of india. The act was introduced in jammu and kashmir in 1990. The armed forces assam and manipur special powers amendment act, 1972 7 of 1972. Even a noncommissioned officer of the armed forces is free, on the mere suspicion of violation of the law or commission of an offence, to fire upon or otherwise use force, even to the causing of death, against any person.
Briefing on the armed forces special powers act, 1958 introduction the armed forces special powers act, 1958 afspa a law operative in disturbed areas, including large parts of the northeast region of india and jammu kashmir, has facilitated grave human rights abuses, including extrajudicial execution. The act was passed on september 11, 1958 by the parliament of india. The iron lady of manipur, fasting over a decade against arm forces special power act 1958. This is because in these regions where afspa operates, the armed forces are alleged to have committed one of the. Manipur experience, cpdm intends to produce a complied version of collected documents related to the act and issues centred on it.
Afspa was first enacted to deal with the naga insurgency in the assam region. All about afspa armed forces special powers act, 1958. Afspa american foreign service protective association. In 1951, the naga national council nnc reported that it conducted a free and fair plebiscite in which about 99 percent of nagas voted for a free sovereign naga nation. The present act was enacted by the parliament in 1958 and it was known initially as armed forces assam and manipur special powers act, 1958.
It was first implemented in manipur and assam in 195, following the naga movement. The 1972 amendments to afspa extended the power to declare an area disturbed to the central government whereas in the 1958 version of afspa, only the state governor had the power. Armed forces special powers act, 1948 being act 3 of 1948. Armed forces special powers act, 1958afspa current. The afspa was enacted in 1958, as a short term measure, vouchsafing special powers upon members of the armed forces in disturbed areas in the then state of assam and union territory of manipur. Pallavi bedi of prs legislative research, new delhi explains some of the key provisions of the act. It conferred special powers upon the armed forces in disturbed areas in the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland, and tripura. It is not necessary for us to notice the provisions of this act for the reason that it was a temporary statute enacted for a period of one year, though it continued till it was repealed by act 36 of 1957. Armed forces special powers act 1958 afspa the afspa, 1958 is a law, enacted by the parliament of india on september 11, 1958, to provide necessary powers and legal supportprotection to the armed forces for operations against insurgents in a highly hostile. The act was preceded by an ordinance called armed forces assam and manipur special powers ordinance, 1958 promulgated by the president of india. In simple terms, afspa gives armed forces the power to maintain public.
The act came into force in the context of increasing violence in the northeastern states decades ago, which the state governments found difficult to control. It became known as the armed forces special powers act afspa, 1958. The act was preceded by an ordinance called armed forces assam and manipur special powers ordinance, 1958 promulgated by the president of india on 225 1958. Review of the afspa an analysis of the draconian armed forces special powers act, 1958 introduction. In the present volume entitled, armed forces special powers act, 1958.
Afspa has been in force in the northeast and jammu and kashmir, and the draconian law. Armed forces special powers act afspa is a draconian legislation of the government of india promulgated in the disturbed areas of indias northeast since 1958 and in jammu and kashmir. Do you want to see india without jammu and kashmir, most of the north eastern states. To further arm his counterinsurgents and provide them with legal protection, nehrus government passed the armed forces special powers act 1958 in the indian parliament. It came on the statute book as the armed forces special powers act, 1958 28 of 1958. The armed forces special powers act, 1958 afspa short title and extent 1 this act may be called the armed forces special powers act, 1958. In a first admission that centre was keen to water down the armed forces special powers act afspa, 1958, union minister of state for home hansraj gangaram ahir informed the lok sabha that it was considering a proposal to make the act more operationally effective and humane. Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant.
It was enacted by parliament on september 11, 1958. Atipriya gautam abstract the armed forces special powers act, 1958 is one of the first antiterrorism legislation which was passed by the parliament to counter terrorism and insurgency in the north eastern states of india. The act was passed by both houses of parliament on 18 august 1958 and received presidential assent on 11 september 1958. In simple terms, afspa imposes in the areas where situation of law and order is not under control of local police and central forces paramilitary forces. Armed forces special powers assam and manipur act, 1958. Armed forces special powers assam and manipur act, 1958 x afspa was first enacted to deal with the naga insurgency in the assam region. Under section 4 of the afspa, an authorised officer in a disturbed area enjoys certain powers. Afspa has been postponed to following six months in nagaland. Special powers act, 1958 hereinafter referred to afspa, the. The armed forces special powers act afspa, 1958 was preceded by the armed forces assam and manipur special powers ordinance 1958. Human rights initiative, hri, manipur, human rights.
Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces the power to maintain public order in disturbed areas. What is armed forces special powers act, and where is it. On passing of armed forces special powers bill by both houses of parliament and approved by president on 11 september 1958 it became known as armed forces special powers act afspa, 1958. The ordinance gave the armed forces certain special powers in the disturbed areas of manipur and assam. The centre is contemplating the fractional elimination of the armed forces special powers act from assam and arunachal pradesh. The armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate.
Armed forces special powers act, 1958 afspa november 5, 2011 no comments. A demonstration of the poverty of liberal imagination 31 pradip phanjoubam making good laws is the answer 33. Armed forces special powers acts afspa ias abhiyan. A section of the manipuris feel that power should remain only with the state government. An insight of the armed forces special powers act, 1958 ms. The recent developments in manipur have once again brought into focus the question of application of the armed forces special powers act 1958 afspa in northeast india. Armed forces special powers act, 1958 as amended in 1972 and to advise the govt. Afspa gives armed forces the power to maintain public order in disturbed areas. The armed forces special powers act, 1958 afspa a law operative in. The state of arunachal pradesh act, 1986 69 of 1986. The armed forces special powers act was enacted in 1958 to bring under control what the government of india considered disturbed areas. Afspa 1958 pdf afspa, has a fury that cannot be dismissed.