A civilised society expects that the use of deadly force by the army must be at all times be lawful, necessary and proportionate. Printable version May 23, 6: I am an Indian Please update your browser. Signs of trouble and disillusionment with being ruled by a bureaucrat from New Delhi were growing in the former princely state of Manipur, which had merged with India in Posted on October 2, Several smaller insurgent groups came into being.

Click here to cancel reply. The Acts have received criticism from several sections for alleged concerns about human rights violations in the regions of its enforcement alleged to have happened. Let it manage the borders. Subramanian, New Delhi National security is more important than anything else. Dismiss Attention The browser or device you are using is out of date. The number of persons killed in acts of violence went up from two in to 51 in , according to the South Asian Terrorism Portal. The violations have been carried out under the cover of this very Act.

It was withdrawn by the Manipur government in some of the constituencies in August in spite of the Central government not favouring withdrawal of the act.

Understanding the Armed Forces Special Powers Act (AFSPA) UPSC Exam Preparation

This is the requirement of a democracy and the requirement of preservation of the rule of law and the preservation of individual liberties. The commission recommended to repeal AFSPA as “the Act is a symbol of hate, oppression and instrument of high handedness”.

This power is important, because by the time a formal search or arrest warrant is obtained, the suspect would get ample time to make good his escape. An intense cycle of violence followed. Jagran Prakashan Ltd Earlier leaks had also stated that International Committee of the Red Cross ICRC had reported to the United States diplomats in Delhi about the “grave human rights situation” in Kashmir which included “the use of electrocution, beatings and sexual humiliation against hundreds of detainees”.


essay on afspa in jammu and kashmir

It clearly violates International Law. Any suspect can be arrested without a warrant. A civilised society expects that the use of deadly force by the army must be at all times be lawful, necessary and proportionate. The commission recommended to amend the Unlawful Activities Prevention Act, inserting a new chapter to deploy the armed forces of the Union in the North eastern States.

The Armed Forces Special Powers Act: A brief history

Army and armed forces are sent in the area only after the implementation of this law. The Times Of India.

essay on afspa in jammu and kashmir

Retrieved 7 April Cabinet Committee on Security to meet on Monday. What are the Defence Capabilities of India?

The Hindu Net Desk April 23, India reacted to the centrifugal force by granting statehood to Manipur inwhich brought an elected local government and greater financial resources.

Retrieved 29 April You are commenting using your Facebook account. The Human Rights Watch has also criticized the act describing it as a tool to abuse, discriminate and oppress.

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Armed Forces Special Powers Act (AFSPA): Powers and Pros & cons of the law

By using this site, you agree to the Terms no Use and Privacy Policy. The agitation in Kashmir inflamed because of fake encounter incidents like Pathribal and Macchhil. A high-power commission headed by the retired Supreme Court judge, N.

essay on afspa in jammu and kashmir

It gives Army officers legal immunity for their actions. Recently the Tripura state government has decided to withdraw the controversial Act, citing significant reduction in the extent of terrorist activities in the state.


Institute for Defence Studies and Analyses. April 23, Here is what you kasnmir to know about the Act that has seen a lot of controversy surrounding it. It is effective in the whole of Nagaland, Assam, Manipur excluding seven assembly constituencies of Imphal and parts of Arunachal Pradesh.

AFSPA: Understanding this special Act

Action can be taken but with prior sanction of the Central Government. Critics of the AFSPA law argue that there is no need to run the country on the basis of bullet while the matter should be resolved on the basis of the ballet.

The Ministry of Home Affairs would usually enforce this Act where necessary, but there have been exceptions where the Centre decided to forego its power and leave the decision to the State governments. Later Punjab and Chandigarh also came within the purview of this act, which was later withdrawn in About Section 6 of the Act, which guarantees protection against prosecution to the armed forces, the report said: The committee has suggested fixing a time frame of three months for the central government to decide whether to prosecute security personnel engaged in extrajudicial killings or unruly behaviour in insurgency-hit regions.