The Armed Forces (Special Powers) Act (AFSPA) was partially removed from three of nine districts of Arunachal Pradesh but would remain in force in the areas bordering Myanmar.
The State of Arunachal Pradesh had inherited AFSPA since the day of its formation. AFSPA enacted by Parliament in 1958 and was applied to the entire State of Assam and the Union Territory of Manipur. After Arunachal Pradesh, Meghalaya, Mizoram and Nagaland came into being, the Act was appropriately adapted to apply to these states as well.
Controversial Provisions of AFSPA
- Section 4 of the AFSPA empowers an authorised officer in a disturbed area with 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.
- The authorised officer is also empowered to (a) arrest without a warrant; and (b) seize and search without any warrant any premise in order to make an arrest or recovery of hostages, arms and ammunition.
- AFSPA mentions that individuals who have been taken into custody have to be handed over to the nearest police station as soon as possible. There is no prescribed time limit for detention.
- Prosecution of an authorised officer requires prior permission of the Central government.
Observations made by Various Committees
Justice Santosh Hegde Committee found four out of six deaths it was inquiring in Manipur have similar patterns of cause of death and could be cases of fake encounters.
Justice Santosh Hegde Committee report also concluded that AFSPA has not been able to achieve peace in the Northeast, and on the contrary, it has widened the distance between the people of these areas and the mainland.
J.S. Verma Committee (2012) and the Justice Jeevan Reddy Committee (2005) have found the law arbitrary and have recommended the repeal of AFSPA.