After Meghalaya, Assam in line to be free of Afspa

Assam Polity and Governance

The government is considering Assam as the next state from where it may remove the controversial Armed Forces Special Powers Act (Afspa) after Meghalaya, as high-level consultations are going on between the Centre and state for the possible road ahead.
Sources told ET that the Centre is examining the issue and will reassess the security situation in the state after a Supreme Courtordered count for the national register of citizens is completed by May-end.
The Centre and the state are in broad agreement that the Act needs to be removed as the situation gradually becomes normal in the state and a window for broader consultations opens up before the end of August this year, when the current extension of Afspa comes to an end.
While all concerns will be taken into account before taking a call in Assam, sources said security forces feel while the situation in several districts has normalised, violence in the state has still not ebbed, pointing to recent incidents.

What does the AFSPA mean?

In simple terms, AFSPA gives armed forces the power to maintain public order in “disturbed areas”. They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving due warning if they feel a person is in contravention of the law. If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search a premises without a warrant; and ban the possession of firearms.
Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest.

What is a “disturbed area” and who has the power to declare it?

A disturbed area is one which is declared by notification under Section 3 of the AFSPA. An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
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. A suitable notification would have to be made in the Official Gazette. As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.