Prelims: Current events of national and international importance | Internal Security
Why in News?
Recently, the Ministry of Home Affairs (MHA) extended the Armed Forces (Special Powers) Act (AFSPA), 1958 in specified "disturbed areas" across Manipur, Nagaland, and Arunachal Pradesh for an additional 6 months.
- The decision follows periodic security reviews by the Central Government, assessing persistent ethnic friction, residual insurgent movement, and border security along the Indo-Myanmar frontier.
- Effective from - October 1, 2026, to March 31, 2027.
State-Wise Geographic Breakdown
- Manipur
- Scope- Extended across the entire state except under the jurisdiction of 13 police stations located across 5 valley districts (including parts of Imphal East, Imphal West, Bishnupur, Thoubal, and Kakching).
- Driver - Retained across all hill districts and select valley pockets due to law-and-order complexities and lingering communal tensions stemming from the 2023 ethnic violence.
- Nagaland
- Scope - Extended across 9 full districts (Dimapur, Niuland, Chümoukedima, Mon, Kiphire, Noklak, Phek, Peren, and Meluri) and 21 police stations across 5 other districts (Kohima, Mokokchung, Longleng, Wokha, and Zunheboto).
- Driver- Facilitates ongoing anti-insurgency surveillance and maintains stability during political negotiations with Naga insurgent factions.
- Arunachal Pradesh
- Scope - Extended to 3 eastern districts (Tirap, Changlang, and Longding) and the areas under 3 police stations (Namsai, Mahadevpur, and Chowkham) in Namsai district bordering Assam.
- Driver- Designed to curb cross-border insurgent transit, extortion, and weapons trafficking along the porous Assam-Arunachal-Myanmar corridor.
Key Statutory Provisions of AFSPA, 1958
- Section 3 (Declaration of Disturbed Area) - Empowers the Governor of a State, the Administrator of a UT, or the Central Government to declare an area "disturbed" if civil authorities are deemed insufficient to handle internal violence or insurgency.
- Section 4 (Extraordinary Operational Powers) - Grants commissioned officers, warrant officers, and non-commissioned officers broad field authorities in designated areas:
- Power to open fire (including lethal force) after due warning against individuals acting in contravention of law and order or carrying arms.
- Power to arrest suspects without a warrant based on reasonable suspicion.
- Power to enter and search any premises without a warrant to arrest persons or recover arms/ammunition.
- Power to destroy arms dumps, fortified positions, or structures used as hideouts.
- Section 6 (Immunity from Prosecution)- Mandates that no prosecution, suit, or legal proceeding shall be instituted against security personnel for actions performed under the Act except with the prior sanction of the Central Government.
Judicial Landmarks
- Naga People’s Movement for Human Rights v. Union of India (1997)-
- The declaration of a "disturbed area" must be reviewed periodically (at least once every 6 months).
- Security forces must follow the Army's internal "Do’s and Don’ts" during operations.
- Arrested persons must be handed over to the nearest civil police station with minimum possible delay.
- EEVFAM v. Union of India (2016) - The Supreme Court ruled that immunity under Section 6 is not absolute and does not grant blanket protection against extrajudicial killings or excessive force, ordering CBI/SIT investigations into alleged fake encounters in Manipur.
Key Administrative Review Committees
- Justice Jeevan Reddy Committee (2005) - Recommended repealing AFSPA, describing it as a "symbol of oppression," and advocated incorporating its necessary provisions into the Unlawful Activities (Prevention) Act (UAPA).
- 2nd Administrative Reforms Commission (ARC)- Concurred with the Jeevan Reddy Committee, advising repeal to bridge the psychological gap between the Northeast and mainstream administration.
Reference
The Hindu | AFSPA extended in some Northeast states
