Armed Forces (Special Powers) Act (AFSPA),1958, Provisions, Objectives, Latest News

Q: Who has the authority to declare an area as “disturbed” under AFSPA?

The Central Government, Governor of the state, or UT Administrator.

Q: AFSPA is currently in force in which regions?

Odisha, Himachal Pradesh, Nagaland, Sikkim

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Armed Forces (Special Powers) Act (AFSPA),1958 Latest News

The Assam government recently extended the Armed Forces (Special Powers) Act (AFSPA), 1958, in three districts for another six months.

About Armed Forces (Special Powers) Act (AFSPA),1958

It is a law enacted by the Parliament in 1958 which gives the armed forces special powers and immunity to maintain public order in “disturbed areas”.
When is it applied? It can be applied only after an area has been declared “disturbed” under section 2 of the Act.
Declaration of Disturbed Areas:
- Defined under Section 3 of the Act, a “disturbed area” is where the use of armed forces is deemed necessary to support civil authorities in maintaining law and order.
- An area can be declared disturbed due to conflicts or disputes between various religious, racial, linguistic, regional, or caste-based communities.
- The central government, Governor of the state, or the administrator of the Union Territory can declare the whole or part of a state or union territory as a disturbed area.
- Once declared, the region is maintained as disturbed for at least three months under The Disturbed Areas (Special Courts) Act, 1976.
- The scope and duration of AFSPA can vary depending on the region’s security situation.
The ‘special powers’ of armed forces under AFSPA are:
- They have the authority to prohibit a gathering of five or more persons in an area, can use force even to cause death 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.
- These armed forces are immune from prosecution unless the Union Government provides sanction to the prosecuting agencies.
- Where is AFSPA in force now? Currently, AFSPA is active in Assam, Manipur, Nagaland, Arunachal Pradesh, and the UT of J&K.