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Information on AFSPA

Discussion in 'Internal Affairs' started by tenzin, Mar 13, 2014.

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  1. tenzin

    tenzin FULL MEMBER

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    I have some questions regarding AFSPA.....

    1.How is a martial law like AFSPA surviving in a democratic country like India?

    2.Is it similar to the Rowlatt Act?

    3.Is AFSPA in place in the NAxal affected parts of India?
     
  2. Soumya

    Soumya Major STAR MEMBER

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    1&2. I know little about AFSPA.

    BTW

    The Act

    The Articles in the Constitution of India empower state governments to declare a state of emergency due to one or more of the following reasons:

    • Failure of the administration and the local police to tackle local issues.
    • Return of (central) security forces leads to return of miscreants/erosion of the "peace dividend".
    • The scale of unrest or instability in the state is too large for local forces to handle.
    In such cases, it is the prerogative of the state government to call for central help. In most cases, for example during elections, when the local police may be stretched too thin to simultaneously handle day-to-day tasks, the central government obliges by sending in the BSF and the CRPF. Such cases do not come under the purview of AFSPA. AFSPA is confined to be enacted only when a state, or part of it, is declared a 'disturbed area'. Continued unrest, like in the cases of militancy and insurgency, and especially when borders are threatened, are situations where AFSPA is resorted to.

    By Act 7 of 1972, the power to declare areas as being disturbed was extended to the central government.

    In a civilian setting, soldiers have no legal tender, and are still bound to the same command chain as they would be in a war theater. Neither the soldiers nor their superiors have any training in civilian law or policing procedures. This is where and why the AFSPA comes to bear - to legitimize the presence and acts of armed forces in emergency situations which have been deemed war-like.

    Armed Forces (Special Powers) Act
    :

    According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:

    • After giving such due warning, Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order,
    • Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence.
    • To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.
    • To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.
    • Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.
    • Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.
    • Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.
    • Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.
    For declaring an area as a 'disturbed area' there must be a grave situation of law and order on the basis of which Governor/Administrator can form opinion that an area is in such a disturbed or dangerous condition that use of Armed Forces in aid of civil power is necessary .

    3. No there is no AFSPA in place in Maoist affected parts of India.
     
  3. tenzin

    tenzin FULL MEMBER

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    Thanks......But I guess now the Maoist are a bigger enemy than the insurgents i NE as major groups have been subdued here
     
  4. Zeus_@21

    Zeus_@21 Major SENIOR MEMBER

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    Those NE states which have stabilized by now like Manipur should put an option before the political parties. If you want our vote you need to work for removing AFSPA from here. Netas will work only if you hit there vote... :dude:
     
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