The Armed Forces (Special Powers) Act (AFSPA), 1958 grants powers to the army, state and central police in 'disturbed' areas to- Fire upon or otherwise use force, even to the causing of death. Destroy any shelter from which armed attacks likely to be made. Arrest, without warrant, any person against whom suspicion exists. Enter and search without warrant any premises, In order to 'maintain public order'.
But what is it used for, really? Committing atrocities in the name of India, facing no accountability?
The Act has consistently been used not just for maintaining public order, as it claims, but for systematically quelling dissent and silencing entire populations.
1,528 people were killed in encounters by security forces in Manipur between 2000 and 2012. In 2021, Fourteen innocent citizens of Nagaland were ambushed and killed. In Jammu And Kashmir, the death toll is even higher, with figures going largely unreported.
What are the roots of AFSPA? The Armed Forces (Special Powers) Ordinance of 1942 was enacted by British officials in order to quell the quit India movement. This legislation allowed the British military to arrest, shoot, and search without warrants in regions designated as disturbed, essentially giving the military unchecked power over civilians. Sounds awfully similar, does it not?
How can an Act rooted in colonialism and violations of basic human rights continue to exist in a democratic, independent India? The irony is glaring: a nation that fought so hard for its freedom from oppressive colonial powers continues to impose a law that violates fundamental rights such as freedom from arbitrary arrest, freedom of movement, and the right to life.
The powers granted under AFSPA are almost identical to those that the British wielded over Indians fighting for freedom, and yet, in the name of 'national security,' this law exists.
International Scrutiny AFSPA violates the provisions of the UDHR (Universal declaration of Human Rights), ICCR (International Covenant on Civil and Political Rights), The Convention Against Torture, the United Nations Code of Conduct for Law Enforcement Officials, the United Nations Body of Principles for Protection of All Persons Under any form of Detention and the United Nations Principles on Effective Prevention and Investigation of Extra-Legal and Summary Executions.
The act has been held under scrutiny by both Amnesty International and Human rights watch, Despite these calls, the Indian government has resisted repealing or even amending the Act. Alas, the question remains, can state security ever justify state violence? I'm certain the numerous innocent lives lost can answer that.