The afspa is a draconian law that gives enormous discretionary powers to the armed forces over a civilian population. 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. Manipur experience cpdm page 5 throughout the period since 1958 protest against afspa had been the predominant protest in the overall protest against terrorism, i. The armed forces special powers act afspa has been extended for another six months in nagaland. Afspa, which gives special powers and immunity to the armed forces deployed in areas declared disturbed under the act, had been in force in meghalaya and arunachal pradesh for. Afspa in nagaland extended for six months india news. K since the 1990s merits spatial and contextual analysis. Consequently, the afspa does not differentiate between children and adults. Central bureau of investigation, cbi files charges against four. The armed forces special powers act hereinafter the act or afsp act has been in force in several parts of india, including the state of manipur in the northeast of the country, for more than fifty years. Indias controversial armed forces special powers act the. During the second visit of the committee to manipur, it. Armed forces special powers act afspa upsc exam preparation. Aug 22, 2014 manipur is emblematic of the absence of juvenile justice in the conflict affected areas.
Even the pre colonial dynasties that reigned over the indian subcontinent did not extend east of the brahmaputra river. For decades, the armed forces special powers act afspa has enabled serious. Afspaconnect member portal can be accessed through these internet browsers. Armed forces special powers act, 1948 being act 3 of 1948. He justified the powers and protection given to the armed forces under the afspa. 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. 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. Extra judicial execution victim families association eevfam, human rights alert, just peace foundation and united ngo mission manipur unmm, organised a one day public meeting on 59th year of afspa and state of impunity today, at manipur press club, today. Jan 16, 2016 it was in september 1980, when afspa was imposed in manipur to fight homegrown insurgent groups in the state.
The armed forces special powers act, 1958, or afspa, as it is commonly known, has been a subject of intense discussion and debate. Living with armed forces special powers act afspa as. Irom sharmila is on a fast for over 16 years in protest of the afspa in manipur. Even after 35 years, lawlessness continues in the state with more than a. Ap it was difficult to contain our disappointment with this decision which was so out of sync with reality. 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. Aug 16, 2017 assam, manipur can now decide on afspa vijaita singh new delhi, august 16, 2017 00. Armed forces special powers act institute for defence. The kingdom of manipur came under british rule in 1891 as a selfgoverned state. Even after 35 years, lawlessness continues in the state with more than a dozen. 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 tripura. Afspa in context of manipur afspa is an enabling act to give legal cover to the forces, as and when a state is declared a disturbed area. The edition does not include the list of names of the victims of afspa or human rights violation, incidences of massacres, sodomy, forced. Indias act east policy will gain traction only if there is a committed road map for withdrawing.
It was first applied to the north eastern states of assam and manipur and was. Afspa removed from meghalaya after 27 years india news. Armed forces assam and manipur special powers amendment act 1972. Human rights watch urges the government of india to repeal the armed forces special powers act 1958 and the armed forces. At its very raw, it essentially means, perpetrators being. September 2008 156432379x these fellows must be eliminated relentless violence and impunity in manipur. Irom sharmila since 2001 demanding repeal of the armed forces special powers act, 1958 hereinafter referred to afspa, the. Manipur chief minister n biren singh has said the law and order situation in the state has improved in recent years, but it is still not conducive to repeal the armed forces special powers act. An abomination called afspa sanjoy hazarika february 12, 20 00. The armed forces special power act, 1958 ministry of. The union home ministry, in a notification on december 30, extended the armed forces special.
Comprised almost exclusively of incendiary footage, including acts of selfimmolation, the. Ministry of defence for permission to file charges41 and prosecute the major. In manipur, afspa is in force in almost the entire state, except seven assembly constituencies of imphal. With the declaration of manipur under the jurisdiction of afspa since 1958, the postulates for this declaration are that a public order situation exist in manipur and as result the assistance of armed forces is required in aid of civil power.
This pdf capsule contains all important state wise current affair events for banking,insurance, ssc,upsc and other competitive exams. Security personnel under the armed forces special powers act of 1958 afspa enjoyed immunity against criminal action for acts committed in disturbed areas the judgment came on a plea by families in manipur for a probe by a special investigation team into cases of alleged fake encounters involving the army and the police. Nov 30, 20 barring seven assembly constituencies within imphal municipal area, the controversial armed forces special powers act 1958 will be extended for another year in insurgencyhit manipur from sunday. 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. The centre has announced that it revoked the armed forces special powers act afspa from meghalaya from april 1. It was in september 1980, when afspa was imposed in manipur to fight homegrown insurgent groups in the state. Afspa has been in force in the northeast and jammu and kashmir, and the draconian law has been the reason of wide protests. Need to wait before repealing afspa, says manipur chief. Violent clashes that took place in wake of burhan wanis encounter which claimed 23 lives and the supreme court taking cognizance of 1528 cases of alleged fake encounters involving army and police has once again triggered the debate whether armed forces special power act afspa implemented in various troubled zones in india is of any help or not. This is because in these regions where afspa operates, the armed forces are alleged to have committed one of the worlds leastknown abuses of. India has 174 terror outfits functioning within it including the far left groups like maoists. The armed forces special powers act afspa, 1958 was preceded by the armed forces assam and manipur special powers ordinance 1958. Mar 04, 2019 afspa 1958 pdf afspa, has a fury that cannot be dismissed. The army knows that if the afspa is lifted, theyll be flooded with lawsuits, which is indeed bad for moraleif you deploy the army, you give them immunity.
After a shortlived period in 19471949, in which manipur state had the status of a constitutional monarchy, the assembly of manipur was dissolved and the state became part of india. This section states the name of the act and areas to which it extends that is, assam and manipur according to afspa, 1958. The armed forces assam and manipur special powers act 1958, also known as the disturbed area act, was extended to the then existing union territory of tripura through a home ministry notification of. Manipur and armed forces special power act 1958 manohar. Security forces engaged in counterinsurgency operation in assam favour the continuation of afspa in the whole state. Assam, manipur, meghalaya, nagaland, tripura, mizoram and arunachal pradesh. 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 thursday completed its nationwide tour as it reached imphal valley. Thanks to all the draconian laws, in particular the armed forces special powers act, afspa, in the name of counterinsurgency, the place also probably understands all the nuances of the meaning of the word better than most others.
Mar 14, 2016 the armed forces special powers act of 1958 afspa was adopted by the indian parliament 45 years ago as an emergency measure granting special powers to the indian armed forces for use in an. In 1951, the naga national council nnc reported that it conducted a free and fair plebiscite in which about 99 percent. Answering your question objectively and it is going to be 3 folds 1. The afspa, 1958 contains six sections which grant armed forces some exclusive rights for maintain law and order in the disturbed areas. A study of manipur abstract manipur is a melting pot of diverse cultures and ethnicities and has gradually evolved into a dynamic multicultural society. In ap, areas governed by afspa have been halved to those under eight police stations, besides tirap, changlang and longding districts. The centre has done well to withdraw the armed forces special powers act afspa from the entire meghalaya state and restrict its operation to parts of arunachal pradesh. Kashmiris are people with least sense of gratitude.
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. The armed forces special powers act of 1958 afspa is one of the more draconian legislations that. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Recent events in indias restive northeast have turned the spotlight yet again on the armed forces special powers act afspa, a controversial piece of legislation that confers vast powers on. The need to withdraw afspa from manipur 4 min read. Aug 14, 2016 the most inaccurate argument bandied ceaselessly by opponents of afspa is that the act has not led to insurgency being contained in manipur and in other areas where it is implemented. The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of dailyo. It was later preceded by afspa on september 11, 1958. Armed forces special powers act afspa human rights watch. On august 15, 1942, lord linlithgow, the viceroy of india, promulgated the armed forces special powers ordinance to suppress the quit india movement launched by mahatama gandhi a week earlier. The armed forces special powers act afspa remains in force in the state but when the afspa was enacted in 1958, there were no juvenile justice laws. The act was preceded by an ordinance called armed forces assam and manipur special powers ordinance, 1958 promulgated by the president of india. Armed forces special powers assam and manipur act, 1958 afspa was first enacted to deal with the naga insurgency in the assam region. The armed forces special powers act, 1958 in manipur and.
The armed forces special powers act of 1958 afspa is one of the more draconian legislations that the indian parliament has passed. The nagas, kukis and meiteis have shared common spaces and have been competing for the same land and other resources, since times immemorial. Witness statement of arrest and torture in manipur cited in l. Manipur is emblematic of the absence of juvenile justice in the conflict affected areas. Afspaconnect member portal, like all afspa programs, never sells or distributes a members mailing or other personal contact data. What is armed forces special powers act, and where is it. Manipur, tripura, meghalaya, arunachal pradesh, mizoram and nagaland, also known as the seven sisters have bridged south, southeast, and central asia. The battle against the armed forces special powers act is a long, bitter one. In manipur, 56 incidents were reported till march this year, while 278, 229 and 233 incidents were. Be it enacted by parliament in the ninth year of the republic of india as. Indias british colonizers were the first to break this barrier.
The ordinance gave the armed forces certain special powers in the disturbed areas of manipur and assam. The armed forces special powers act, 1958 afspa a law operative in disturbed. Government of manipur imphal, the 6th january, 2020 copv raj special secretary home secretary chief manipur. 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. Apr 25, 2018 the afspa is a draconian law that gives enormous discretionary powers to the armed forces over a civilian population. A demonstration of the poverty of liberal imagination 31 pradip phanjoubam making good laws is the answer 33 civilise afspa 35 armed forces special powers actthe way ahead 38 umong sethi introduction 38. Imphal also gave a detailed presentation on the existence of various militant underground outfits and the role of the army in containing the insurgency. Afspaconnect member portal is available on a 24 x 7 basis, except during scheduled down times for. Jammu and kashmir, police were allegedly directed not to file firs first. May 21, 2017 civil society groups including the media, political parties, jurists, expert groups appointed by the government and the united nations have constantly called upon the government to withdraw afspa from manipur and have held that the withdrawal of afspa is an essential requirement to end the culture of violence in manipur. Jul 12, 2016 here is all you need to know about afspa.
In the present volume entitled, armed forces special powers act, 1958. 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. Forces assam and manipur special powers ordinance was promulgated by the. Amnesty international india in may 20, if the afspa goes, the army will have to go first. Research scholar, department of law, the university of burdwan, west bengal. Initially the afspa applied only to the northeast territories of assam and manipur and was aimed at containing an armed rebellion by naga militants. Manipur experience, cpdm intends to produce a complied version of collected documents related to the act and issues centred on it. All about afspa armed forces special powers act, 1958.
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