Breaking down AFSPA: All you need to know about armed forces being in control? FAQs answered!

The Armed Forces (Special Powers) Act (AFSPA), a long-standing contentious issue, may see its end as hinted by Union Home Minister Amit Shah in a recent interview. Shah stated that the central government might contemplate revoking AFSPA in Jammu and Kashmir, with plans to withdraw troops from the Union Territory and entrust security responsibilities solely to Jammu and Kashmir. 

Here are the FAQs related to AFSPA: 

1. What is AFSPA?

AFSPA, or the Armed Forces (Special Powers) Act, is a parliamentary act enacted on 11th September 1958. It grants special powers to the Indian Armed Forces deployed in troubled areas of the country. Currently, AFSPA is enforced in the northeastern states of Assam, Manipur, Nagaland, and certain districts of Arunachal Pradesh.

2. What is the full form of AFSPA?

AFSPA stands for the Armed Forces Special Powers Act. Passed by Parliament on 11th September 1958, this act empowers the Indian Army and paramilitary forces with "special powers" in high-risk regions.

3. When was AFSPA's introduced?

The President promulgated the Armed Forces (Assam and Manipur) Special Powers Ordinance on May 22, 1958, granting specific authorities to armed forces personnel in areas of unrest within the state of Assam and the Union Territory of Manipur.

4. How many states in India have AFSPA implemented?

AFSPA is enforced fully in 31 districts and partially in 12 districts across Northeastern states like Nagaland, Assam, Manipur, and Arunachal Pradesh. It has also been in place in Jammu and Kashmir since 1990.

5. What is the purpose of AFSPA?

The primary objective of AFSPA is to maintain law and order in troubled regions of the country by granting special powers to security forces.

6. Who declares AFSPA?

AFSPA is an act declared by the Governor under the Parliament of India. The Governor has the authority to declare a situation of internal disturbance in any Indian state, subject to legislative guidelines.

7. Which union ministry is related to Armed Forces Special Power Act (AFSPA)?

The Ministry of Home Affairs oversees AFSPA. Initially introduced in 1947 during the Quit India Movement, it was later formalized as the Armed Forces Special Powers Act in 1958.

8. What is AFSPA in Nagaland?

AFSPA is applicable in Nagaland and other northeastern states, granting absolute power to the Indian Armed Forces to manage troubled areas. Enacted on 11th September 1958, it provided the military with significant control.

9. Is CRPF under AFSPA?

While the CRPF operates in "disturbed areas" where AFSPA is in force, it does not exclusively fall under the act. Other forces involved in AFSPA enforcement include ITBP, BSF, the Indian military, and the Air Force.

10. Why AFSPA is being opposed? 

AFSPA has faced opposition in Jammu and Kashmir for years, with demands for its removal due to reported misuse and instances of fake encounters. Recent events, such as the controversial deaths of four youths in custody in Rajouri, have intensified calls for its abolition.

11. Why is AFSPA being withdrawn by the government?

Government authorities previously asserted that the conditions in Jammu and Kashmir weren't conducive to the removal of the Armed Forces Special Powers Act (AFSPA) or reducing troop presence. However, since 2019, there has been considerable improvement in the situation in Jammu and Kashmir. Home Minister Amit Shah highlighted enhancements within the Jammu and Kashmir Police, indicating a shift towards greater involvement of local security forces in maintaining order. As the situation stabilizes in the region, the government plans to reassess the necessity of AFSPA.

12. Has there been a decrease in terrorist activities?

The central government acknowledges a reduction in terrorist activities in Jammu and Kashmir, citing an 80 percent decline in terrorism-related incidents and the cessation of stone-pelting incidents. Home Minister Shah revealed statistics indicating a significant decrease in terrorist incidents and casualties over the years.

13. Have government initiatives brought relief?

After the revocation of Article 370 from Jammu and Kashmir in August 2019, the government's strategies have yielded positive results, fostering a sense of peace and increased aspirations for education and employment among the youth. Prime Minister Narendra Modi's comprehensive plan for the region, outlined during a rally in Srinagar, is anticipated to be a major agenda post-election.

14. What is the government's plan regarding AFSPA's removal?

With assembly elections scheduled in Jammu and Kashmir soon after the Lok Sabha elections, efforts are underway to hold these elections before September 30. Subsequently, the government intends to gradually reduce army deployment by lifting AFSPA, acknowledging the significant progress made by the Jammu and Kashmir Police over the past two decades.

15. What privileges does the Army derive from AFSPA?

AFSPA grants security forces the authority to arrest individuals without warrants, use force, including firing, after issuing warnings, conduct searches, and destroy structures suspected of harboring militants. Notably, legal action against security forces cannot be initiated without prior approval from the Central Government. However, the repeal of AFSPA in Jammu and Kashmir will mark the end of these special privileges.

16. What is government's stance on PoK?

Home Minister Amit Shah has affirmed that Pakistan-occupied Kashmir (PoK) is an integral part of India and will be reclaimed in due course. While the process may be lengthy, Shah's statements in Parliament and other platforms underscore India's determination to address the PoK issue, with the removal of AFSPA serving as a symbolic gesture at the national and international levels.

17. What role has the judiciary played?

Despite questions regarding AFSPA's constitutionality, the Supreme Court upheld its validity in a 1998 judgment. The court outlined certain conditions for its application, emphasizing the need for periodic review and the minimal use of force by authorized officers.

18. Has there been a review of the Act?

A committee appointed by the Central Government in 2004, chaired by Justice B P Jeevan Reddy, proposed the repeal of AFSPA and recommended revisions to related laws. However, these recommendations remain unimplemented, despite calls from various quarters for a repeal.

19. What are the drawbacks of AFSPA?

Critics argue that AFSPA's broad powers contribute to human rights violations, including extrajudicial killings and arbitrary arrests. Concerns have been raised about its compatibility with international human rights standards, leading to calls for its revocation as an outdated and draconian law.

20. What controversies surround AFSPA?

AFSPA has been mired in controversies due to alleged human rights abuses, including fake encounters and arbitrary arrests. Critics argue that its provisions grant excessive powers to security forces, leading to violations of fundamental rights and immunity from prosecution.