The Union Home Minister has indicated that the Armed Forces (Special Powers) Act may be withdrawn from most parts of Northeast India by 2027, reflecting the region’s improving security situation.

What is the Armed Forces (Special Powers) Act (AFSPA)?

The Armed Forces (Special Powers) Act, 1958 is a special law enacted to enable the armed forces to maintain public order in areas declared as “disturbed areas.”

• It was originally enacted in 1958 to deal with the Naga insurgency in Northeast India.
• It operates under the authority of the Ministry of Home Affairs.
• The Act is currently applicable in parts of Assam, Nagaland, Manipur and Arunachal Pradesh.

Key Provisions of AFSPA

Under AFSPA, armed forces personnel are empowered to:

• Use force, including lethal force, against individuals acting in contravention of law after due warning.
• Arrest persons without warrant on reasonable suspicion.
• Search premises without warrant to recover arms, ammunition or suspects.
• Prohibit assemblies of five or more persons in notified areas.
• Receive legal protection, as prosecution requires prior sanction of the Central Government.

Who Declares a Disturbed Area?

• Under Section 3 of AFSPA, the Central Government, Governor of a State, or Administrator of a Union Territory can declare an area as disturbed.
• A Disturbed Area is notified when the use of armed forces in aid of civil power becomes necessary. 
• The Governor of a State, Administrator of a Union Territory, or the Central Government can declare an area as disturbed. 

Recent Developments

• AFSPA has been progressively withdrawn from several areas of the Northeast.
• It was completely removed from Tripura (2015), Meghalaya (2018) and Mizoram decades ago.
• Assam was declared a ‘disturbed area’ under the AFSPA in November 1990 and it was periodically extended for six months since then.
  • The Act was withdrawn from April 1, 2022 from the entire State of Assam, barring nine districts and a sub-division of Cachar district.
  • It  was further withdrawn from Jorhat, Golaghat, Karbi Anglong and Dima Hasao on October 1, 2023 and Dibrugarh district in 2025. 

Concerns Associated with AFSPA

• Critics argue that it may affect fundamental rights, particularly the right to life and liberty.
• Allegations of misuse of power and human rights violations have been raised in some instances.
• Concerns have also been expressed regarding compatibility with international human rights standards.

Important Judicial and Committee Findings

• Naga People’s Movement of Human Rights v. Union of India (1998): The Supreme Court upheld the constitutional validity of AFSPA.
• Extra Judicial Execution Victim Families Association v. Union of India (2016): The Court held that armed forces personnel are not immune from investigation in cases of alleged excesses.
• Justice Jeevan Reddy Committee (2005): Recommended repeal of AFSPA and incorporation of necessary provisions into the Unlawful Activities (Prevention) Act, 1967.

Exam Hook – Prelims Question

Consider the following statements regarding the Armed Forces (Special Powers) Act (AFSPA):

1. It was enacted in 1958 to address insurgency in Northeast India.
2. AFSPA can be enforced only by the Central Government.
3. Armed forces personnel can arrest without warrant in notified disturbed areas.

Which of the statements given above is/are correct?

(a) 1 and 3 only
(b) 2 and 3 only
(c) 1 only
(d) 1, 2 and 3

Answer: (a)

One-Line Wrap

AFSPA remains a critical security law in India’s conflict-prone regions, while its gradual withdrawal from the Northeast reflects the region’s transition from insurgency towards peace, stability and development.