Full Form of AFSPA, History and Provisions

Full Form of AFSPA: The Armed Forces Special Powers Act, commonly abbreviated as AFSPA, is a significant piece of parliamentary legislation designed to confer special powers upon the Indian Armed Forces, states, and paramilitary forces operating in regions categorised as 'disturbed areas.'

Full Form of AFSPA Overview

Full Form of AFSPA, History

• Pre-Independence Origins:
  • AFSPA has colonial origins and was first issued during the Quit India movement in 1942.
  • Initiated by Mahatma Gandhi, the movement turned violent, leading to widespread civil unrest.
  • Viceroy Linlithgow issued the Armed Forces (Special Powers) Ordinance, granting military clearance to quell the unrest.
• Post-Independence Laws:
  • Three different laws were enacted under AFSPA for different regions:
    • Armed Forces Special Powers Act (Assam and Manipur), 1958:
      • Originated to address the Naga rebellion in Assam.
      • Passed in 1958 by then-Secretary of the Interior, G.B. Pant.
      • Governors and Union Territory administrators had the power to declare 'disturbed areas.'
    • Armed Forces Special Powers Act (Punjab and Chandigarh), 1983:
      • Enacted in 1983 during the Punjab crisis.
      • Additional powers granted to the armed forces for vehicle searches and forced entry.
      • Withdrawn in 1997 after the decline of the Khalistan movement.
    • Armed Forces Special Powers Act (Jammu and Kashmir), 1990:
      • Enacted in 1990 to address rising extremism and riots.
      • Allows imposition if an area is deemed in disorder and danger.
      • Controversial, still in effect in Jammu and Kashmir.
• Northeast Extension:
  • Extended to Northeastern states - Assam, Manipur, Meghalaya, Nagaland, Tripura, Arunachal Pradesh, and Mizoram.
  • Mizoram and Tripura repealed the law in the 1980s and 2015, respectively.
  • Ongoing discussions and reassessment of 'disturbed areas' in certain states.

Full Form of AFSPA, Controversies

• • Excessive Powers:
    • Criticism for granting the military and central armed police excessive powers in 'disturbed areas.'
    • Powers include the authority to kill, arrest without a warrant, search premises, and enjoy prosecution and trial protection.
  • Human Rights Concerns:
    • Accusations of human rights abuses, including extrajudicial killings, torture, and arbitrary detentions.
    • Instances where these powers led to violations of citizens' rights.
  • Public Outcry:
    • Ongoing public protests and demands for the repeal of AFSPA in various regions.
• Revisions to AFSPA:
  • Historical Background:
    • Enacted in 1958 to deal with the Naga rebellion.
    • Amendments in 1972 gave central and state governments power to declare an area "disturbed."
  • Regional Acts:
    • Different versions for Assam and Manipur (1958), Punjab and Chandigarh (1983), and Jammu and Kashmir (1990).
    • Amendments in Punjab and Chandigarh version included additional powers for armed forces.
  • Northeast AFSPA:
    • Extended to seven North-Eastern states.
    • Reduction of "disturbed areas" in some states in recent years.
  • Controversies and Repeals:
    • Instances of AFSPA repeal in Meghalaya (2018) and Mizoram, Tripura (1980s, 2015).
    • Ongoing debates on the controversial implementation in Jammu and Kashmir.

Full Form of AFSPA, Recent Developments

• Reduction in "Disturbed Areas":
  • Ministry of Home Affairs (MHA) reduced "disturbed areas" in Assam, Manipur, and Nagaland.
  • Aimed at easing the stringent application of AFSPA in certain regions.
• Nagaland Controversy:
  • AFSPA has been in force in Nagaland since 1995.
  • Ongoing controversies and debates surrounding its continued application.
• Repeal in Meghalaya:
  • Meghalaya was under AFSPA for 27 years until its repeal on April 1, 2018.
  • A significant development reflecting a shift in the security situation.
• Challenges in Jammu and Kashmir:
  • AFSPA enacted in Jammu and Kashmir in 1990 due to rising extremism and riots.
  • Continues to be a subject of controversy and debate in the region.
• Public Outcry and Protests:
  • Ongoing public outcry and protests demanding the repeal of AFSPA in various parts of the country.
  • Calls for a reevaluation of the law and its implications on human rights.
• Reform Debates:
  • National discussions and debates on reforming AFSPA to address concerns and ensure a balance between security needs and human rights.

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