Question 2776
Consider the following statements regarding Armed Forces (Special Powers) Act, 1958. 1. One of the special powers under this Act is to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc. are in force in the disturbed area 2. The Act provides that only the Central Government can declare an area as a ‘disturbed area’ where AFSPA can be applied. 3. As per the Constitution, it shall be the duty of the Union to protect every State against external aggression and internal disturbance. 4 It is currently applicable in the State of Nagaland, Assam, and Meghalaya. Which of the above statements is/are correct?
Answer
1 and 3 only
Why?
The correct answer is 1 and 3 only. Key Points Armed Forces (Special Powers) Act, 1958: Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in "disturbed areas." The Act provides that if "reasonable suspicion exists", the armed forces can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms. ' Special powers' which are spelled out under Section 4 provide that: Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc. are in force in the disturbed area. Hence, statement 1 is correct. Power to destroy structures used as hide-outs, training camps or as a place from which attacks are or likely to be launched, etc.; Power to arrest without warrant and to use force for the purpose; Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property, etc. A disturbed area is one that is declared by notification under Section 3 of the AFSPA. As per Section 3, it can be invoked in places where "the use of armed forces in aid of the civil power is necessary". The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area. Hence statement 2 is incorrect. A suitable notification would have to be made in the Official Gazette. Under Article 355, it shall be the duty of the Union to protect every State against external aggression and internal disturbance. Hence statement 3 is correct. It is effective in the whole of Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal), and parts of Arunachal Pradesh. In Arunachal Pradesh, the impact of AFSPA was reduced to eight police stations. Hence statement 4 is incorrect as it is not operational in Meghalaya.
