Key Terms & Concepts — UPSC Mains
AFSPA (Armed Forces Special Powers Act)
"A central legislation granting special powers to armed forces personnel operating in 'disturbed areas', including the power to arrest without warrant and immunity from prosecution without Central Government sanction."
The Armed Forces (Special Powers) Act is a central law that grants special powers to members of the armed forces deployed in areas declared as 'disturbed areas'. There are two versions: AFSPA 1958 (applicable to northeast India) and AFSPA 1990 (applicable to Jammu and Kashmir). Both are broadly similar in structure. Key powers granted under AFSPA: power to use force (including lethal force) against any person acting in contravention of law; power to fire upon or use force against gatherings of five or more persons; power to arrest without warrant any person suspected of having committed or being about to commit a cognisable offence; power to enter and search any premises without warrant; and power to stop, search, and seize any vehicle. A critical protection under AFSPA is the immunity provision: no prosecution, suit, or other legal proceeding shall be instituted against any armed forces personnel acting in exercise of AFSPA powers except with the previous sanction of the Central Government. This protection from prosecution has been the most controversial aspect of the Act — it has been alleged to shield genuine human rights violations from accountability. Disturbed Area: can be declared by the Central or State government. When a state is declared a 'Disturbed Area', AFSPA applies to the entire state. Major rollbacks: Tripura (2015), Meghalaya (2018). AFSPA remains in force in Nagaland, Manipur, Mizoram (partially), and parts of Arunachal Pradesh in the northeast; and in Jammu and Kashmir.
Important for UPSC GS2 Polity (fundamental rights, federalism) and GS3 Internal Security. GS4 Ethics: Irom Sharmila's 16-year hunger strike against AFSPA. Key issues: balance between security operations and human rights; encounter killings (Manipur encounter case — SC held fake encounters under AFSPA are murder); Justice Jeevan Reddy Committee (2005) recommended repeal; Santosh Hegde Commission; Pathribal fake encounter case. Prelims: two versions (1958 northeast; 1990 J&K); Disturbed Area declaration.
- 1 AFSPA 1958: northeast India; AFSPA 1990: Jammu and Kashmir
- 2 Powers: lethal force, arrest without warrant, search without warrant, stop and search vehicles
- 3 Immunity: no prosecution without prior Central Government sanction
- 4 Disturbed Area: declared by Central or State government
- 5 Irom Sharmila: Manipuri activist — fasted for 16 years demanding repeal of AFSPA in Manipur
- 6 Justice Jeevan Reddy Committee (2005): recommended repeal; Justice Santosh Hegde Commission on Manipur fake encounters
- 7 SC in Manipur encounters case: AFSPA does not protect fake encounters — they are murder
- 8 Rollbacks: Tripura (2015), Meghalaya (2018); still in force in parts of northeast and J&K
In Extra Judicial Execution Victim Families Association v. Union of India (Manipur Encounters case, 2016), the Supreme Court held that the armed forces do not enjoy blanket immunity for killings in AFSPA areas and directed a CBI investigation into 1,528 alleged fake encounter killings in Manipur — establishing that AFSPA's immunity does not cover murders disguised as encounters.