What is the news?

=> 14 Nagaland civilians killed by security forces in a case of alleged mistaken identity.

=> The botched operation was launched by the Indian Army, Assam Rifles in a joint manner.

=> Indian Army had instituted an inquiry into the incident.

=> Nagaland killings have rekindled debate on AFSPA.

=> Chief Minister Neiphiu Rio said he has urged the Centre to remove AFSPA from Nagaland.

Armed Forces (Special Powers) Act, 1958:

=> This Act was brought in 1958 in order to curb insurgency in Nagaland in 1958.

Important provisions of AFSPA,1958

=> Under this Act the armed forces gets extraordinary powers to restore law and order in a disturbed area.

What are Disturbed area under AFSPA 1958?

=> 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.

What special powers are enjoyed by the armed forces in disturbed areas?

=> Section 4-Under Section 4 of the AFSPA, an authorised officer in a disturbed area enjoys certain powers. The authorised officer has the power to open fire at any individual even if it results in death if the individual violates laws which prohibit (a) the assembly of five or more persons; or (b) carrying of weapons.

=> However, the officer has to give a warning before opening fire.

=> Section 5- The authorised officer has also been given the power to (a) arrest without a warrant; and (b) seize and search without any warrant any premise.

=> Section 6-Individuals who have been taken into custody have to be handed over to the nearest police station as soon as possible.

=> Part of Article 22 that says that an arrested person must be produced in front of a magistrate within 24 hours doesn’t apply here.

Issues arising because of Armed Forces Special power act:

1. Violation of some constitutional rights

=> For example application of Article 22 that guarantees-

• No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest.
• Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest.

2. Issues of sexual violence against women ? There has been reports of of sexual violence committed by armed forces against women.

3. Discourages investment and economic development in the state

=> Application of Armed Forces Special Powers Act in a particular state gives an impression that the state is disturbed as far as law and order is concerned.

=> Thus economic activities and investment is discouraged.

Armed Forces Special power act in Assam:

=> AFSPA is applicable in Assam since 1990.

=> Since then it has been consistently extended.

The article argues that the situation in 90’s and early 21st century was different.There were many insurgent group operative in Assam. But now Asam has become very peaceful. Almost all insurgent groups joined mainstream and thus on Armed Forces Special power should be withdrawn to promote economy and investment in Assam