🗞️ Why in News The Ministry of Home Affairs (MHA), in notifications made public on 25 September 2026, declared areas of Manipur, Nagaland and Arunachal Pradesh as “disturbed areas” under Section 3 of the Armed Forces (Special Powers) Act, 1958 (AFSPA) for six months from 1 October 2026, unless withdrawn earlier.
The Notifications
| State | Areas declared “disturbed” from 1 October 2026 |
|---|---|
| Manipur | The entire State, except the areas of 13 police stations in five valley districts: six in Imphal West (Imphal, Lamphel, City, Singjamei, Patsoi, Wangoi), three in Imphal East (Porompat, Heingang, Irilbung), and one each in Thoubal, Kakching and Bishnupur district (Bishnupur and Nambol police stations) |
| Nagaland | Nine districts (Dimapur, Niuland, Chumoukedima, Mon, Kiphire, Noklak, Phek, Peren and Meluri) plus 21 police station areas in five other districts (Kohima, Mokokchung, Longleng, Wokha and Zunheboto) |
| Arunachal Pradesh | Tirap, Changlang and Longding districts, and the areas of the Namsai, Mahadevpur and Chowkham police stations in Namsai district, which borders Assam |
The Manipur notification runs until 31 March 2027. The Home Ministry said the declarations followed a review of the law and order situation; reports cited continuing ethnic tension and intermittent firing in the fringe areas between the valley and the hills.
How the Coverage Has Changed
- Manipur. AFSPA covered the whole State, except the Imphal municipal area, from 2004 until early 2022. In April 2022, it was lifted from several valley police stations. In 2024 it was re-extended to the entire State barring 19 police stations, and later to six of those after violence in and around Jiribam. Since then the valley exemption has stood at 13 police stations. The State was under President’s Rule from February 2025 until it was revoked in February 2026; the Centre’s power under Section 3 does not depend on whether the State has an elected government.
- Elsewhere in the Northeast. AFSPA was withdrawn from Tripura in 2015 and from Meghalaya in 2018, and its reach in Assam has been progressively reduced since 2022. Jammu and Kashmir is governed by a separate law, the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.
What the Law Says
| Section | Provision |
|---|---|
| Section 3 | The Governor of a State, the Administrator of a Union Territory or the Central Government may declare an area “disturbed” if the use of armed forces in aid of civil power is necessary. The Centre’s power was added by an amendment in 1972 |
| Section 4 | In a disturbed area, any commissioned officer, warrant officer, non-commissioned officer or person of equivalent rank in the armed forces may: after due warning, fire upon or use force, even to the causing of death, against a person acting against a prohibitory order (such as on an assembly of five or more, or carrying weapons); destroy arms dumps and fortified positions; arrest without warrant on reasonable suspicion; and enter and search without warrant |
| Section 5 | Anyone arrested must be handed over to the nearest police station with the least possible delay |
| Section 6 | No prosecution, suit or legal proceeding against any person for acts under the Act without the previous sanction of the Central Government |
Constitutional anchor. “Public order” and “police” are State List subjects, but Entry 2A of the Union List, inserted by the 42nd Amendment (1976), lets the Union deploy its armed forces in aid of civil power in a State. Article 355 places a duty on the Union to protect every State against internal disturbance.
What the Courts Have Said
| Case | Holding |
|---|---|
| Naga People’s Movement of Human Rights v. Union of India (1997) | A Constitution Bench upheld AFSPA, but held that a declaration must be for a limited period and reviewed periodically (the six-month cycle), that force must be the minimum necessary, and that the Army’s “Do’s and Don’ts” are binding |
| Extra Judicial Execution Victim Families Association (EEVFAM) v. Union of India (2016) | There is no absolute immunity: every death caused by the armed forces in a disturbed area must be thoroughly enquired into, and excessive or retaliatory force is not protected |
The Debate
The case for extension. Insurgent groups, armed militias and cross-border movement persist in parts of the Northeast; AFSPA gives soldiers the legal cover to operate in terrain where the civil police cannot. Its geographic footprint has shrunk sharply where violence fell, which shows the review mechanism works.
The case against. Commissions have repeatedly questioned the law:
- The Justice B.P. Jeevan Reddy Committee (2005), set up after protests over the killing of Thangjam Manorama in Manipur in 2004, recommended repealing AFSPA and moving its necessary provisions into the Unlawful Activities (Prevention) Act.
- The Second Administrative Reforms Commission (fifth report, Public Order, 2007) made a similar recommendation.
- The Justice N. Santosh Hegde Commission (2013), appointed by the Supreme Court, examined six Manipur encounter cases and found them not to be genuine.
- Irom Sharmila’s fast against AFSPA lasted from 2000 to 2016.
The central criticisms are that Section 6 sanctions are rarely granted, so accountability depends on courts rather than the statute, and that prolonged “disturbed” status can normalise the military’s role in civilian life.
The balanced view. The six-monthly review is the law’s safety valve. The test is whether each renewal is backed by an area-by-area assessment, whether prosecution sanctions are decided transparently, and whether the police are being strengthened so that the Army can withdraw.
UPSC Relevance
GS Paper 3. Security challenges and their management in border areas; linkages of organised crime and insurgency; various security forces and their mandate. GS Paper 2. Fundamental rights (Article 21); Centre-State relations in public order.
A question worth preparing. “AFSPA’s shrinking footprint shows that it is a temporary instrument, yet its renewal in parts of the Northeast raises questions of accountability.” Discuss. (250 words)
The Mains framing. Explain Section 3 and Section 4 powers and the constitutional basis (Entry 2A, Article 355). Cite Naga People’s Movement (1997) and EEVFAM (2016). Present the security rationale and the rights concerns (Jeevan Reddy Committee, Second ARC, Santosh Hegde Commission). Conclude with the way forward: time-bound, area-specific renewal; transparent sanction decisions; strengthening State police; and political processes, since AFSPA can contain violence but not settle the conflicts behind it.
📌 Facts Corner, Knowledgepedia
Prelims, statement-ready facts:
- AFSPA declarations take effect from 1 October 2026 for six months, under Section 3 of the 1958 Act.
- Manipur: the whole State except 13 police stations in 5 valley districts.
- Nagaland: 9 districts plus 21 police station areas in 5 districts.
- Arunachal Pradesh: Tirap, Changlang, Longding, and three police stations in Namsai district.
- Section 6: no prosecution without prior sanction of the Central Government.
- Naga People’s Movement of Human Rights (1997) upheld the Act; EEVFAM (2016) denied absolute immunity.
Prelims, the traps:
- Both the Governor and the Central Government can declare an area disturbed; the Centre’s power came in 1972.
- J&K is governed by a separate 1990 Act, not the 1958 Act.
- “Public order” is a State List subject; Union deployment rests on Entry 2A, List I (42nd Amendment).
Mains, arguments and keywords:
- Security need vs accountability; minimum force; periodic review; police capacity so the Army can withdraw.
- Keywords: disturbed area, aid to civil power, Section 6 sanction, Jeevan Reddy Committee, Second ARC.
Interview, be ready for:
- “Should AFSPA be repealed?” Where violence has ended it has been withdrawn; elsewhere, keep it time-bound, with transparent sanctions and a plan to hand back to the police.
Sources: Ministry of Home Affairs, The News Mill, Northeast Live
Source: AFSPA Extended for Six More Months in Manipur, Nagaland and Arunachal Pradesh: The Law, the Map and the Debate — Ujiyari.com | Free UPSC & State PCS Current Affairs
