Reducing the Areas under AFSPA

Why in news?

Ministry of Home Affairs (MoHA) has decided to reduce the central forces deployed under AFSPA Act in north-eastern states.

What is the AFSPA act?

Armed Forces (Special Powers) Act 1958, gives armed forces the power to maintain public order in “disturbed areas”.
It can be invoked in places where the use of armed forces in aid of the civil power is necessary.
The causes could be differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
The Central or State/UT administration can declare the whole or part of a State or Union Territory as a disturbed area.
MoHA would usually enforce this Act where necessary.
Under this act armed forces can have the authority to prohibit a gathering of five or more persons in an area.
They can use force 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.
They can also enter or search a premise without a warrant, and ban the possession of firearms.

What is the account of AFSPA in North-Eastern states?

The Act came into force in the context of increasing violence in the North-eastern States decades ago.
They state governments clearly found it difficult to control.
The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament.
It was approved by the President in 1958.
It became known as the Armed Forces Special Powers Act, 1958.
It was effective in the whole of Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal), Meghalaya and parts of Arunachal Pradesh.

What are the recent decisions?

The Centre has revoked The Armed Forces (Special Powers) Act (AFSPA) from Meghalaya since April 1, 2018.
Earlier the AFSPA was effective in 20 km area along the Assam-Meghalaya border.
In Arunachal Pradesh the impact of AFSPA was reduced to 8 police stations instead of 16 police stations.
The Ministry has also relaxed the Protected Area Permit (PAP) for foreigners visiting Manipur, Mizoram and Nagaland.
The PAP will be valid for 5 years, but residents from Pakistan, Afghanistan and China will not be allowed to visit these areas.
In 2017, the Home Ministry gave up its power and asked the Assam government to take a decision on continuing AFSPA in the State.
Recently, Home Ministry has decided to reduce the number of central armed police force personnel deployed in the north-eastern States.

What are the further plans?

In 2004, Union Government appointed a five-member committee headed by Justice B.P. Jeevan Reddy to review AFSPA, 1958.
The committee submitted its report in 2005.
Besides repealing the Act, it recommended that the Unlawful Activities (Prevention) Act, 1967 should be modified to clearly specify the powers of the armed forces and central forces.
Union government is now considering a proposal to make AFSPA more operationally effective and humane by taking Jeevan Reddy committee’s report.
Government’s recent moves also signify a willingness to reconsider the use of the special law as and when the ground situation improves.
Thus, as of now, there is no sign that the vigour of the law will be diluted, but the area of its use may be progressively curtailed over time.

Source: The Hindu