Question 2272
Consider the following statements with reference to the Armed Forces (Special Powers) Act (AFSPA): Statement I: Under the Act, both state governments and the Union Home Ministry have concurrent power to notify areas under AFSPA. Statement II: Currently, only regions in Assam, Arunachal Pradesh, and Meghalaya have AFSPA-notified areas. Which of the statements given above is/are INCORRECT ?
Answer
II only
Why?
The incorrect statement is II only. In News Centre extends AFSPA in parts of Manipur, Nagaland, Arunachal Pradesh for six months. Key Points Under the Armed Forces (Special Powers) Act (AFSPA), both state governments and the Union Home Ministry have the power to declare areas as "disturbed." AFSPA is not limited to Assam, Arunachal Pradesh, and Meghalaya. It also applies in parts of Nagaland, Manipur, and other regions of the Northeast. Additional Information Armed Forces (Special Powers) Act (AFSPA) Overview and Key Provisions of AFSPA: Enactment : The Armed Forces (Special Powers) Act, 1958 (AFSPA) grants special powers to the Indian Armed Forces and other security forces in areas declared as "disturbed" to maintain law and order. Initial Application : Initially applied in North-eastern states and later extended to regions like Jammu and Kashmir. Key Provisions: Declaration of Disturbed Areas : The central or state government can declare an area as "disturbed" if necessary to maintain public order. The area must maintain this status for at least three months. Special Powers : Fire and Use Force : Security forces can fire upon or use force against individuals acting against law and order, even if it results in death, after giving due warning. Arrest and Search : Security forces can arrest anyone suspected of committing a cognizable offense without a warrant and search premises without permission. Destruction of Property : Forces can destroy arms dumps, hideouts, or fortified positions used by armed groups. Legal Immunity : Provides legal immunity to security personnel for actions taken under AFSPA, requiring central government sanction for any prosecution. Criticisms and Controversies: Human Rights Concerns : Criticized for alleged human rights abuses, including extrajudicial killings and arbitrary arrests. Judicial Review : The Supreme Court has ruled that AFSPA does not grant absolute immunity, emphasizing the need for accountability. Current Status: AFSPA remains in force in several regions, including parts of the Northeast and Jammu and Kashmir. Despite calls for its repeal due to human rights concerns, it continues to be justified by the government for national security and combating insurgency. Current Application of AFSPA Currently extended in parts of Nagaland, Manipur, Arunachal Pradesh, and other regions in the Northeast. The extension in Manipur, Nagaland, and Arunachal Pradesh is for six months, starting from April 2025.
