Pdf slides of all the environment videos, 700 slidesfor free video lectures and stud. Feb 12, 20 afspa is put in place after the area has been declared disturbed under the disturbed areas act, the enabling provision of law, which facilitates the summoning of the army to the aid of civil. An act to provide for the release of offenders on probation or after due admonition and for matters connected therewith. Click here to download full map in pdf study material for ias prelims. Armed forces special powers acts afspa and its impact. It was later preceded by afspa on september 11, 1958. Mar 04, 2019 afspa 1958 pdf afspa, has a fury that cannot be dismissed. Armed forces special powers assam and manipur act, 1958. An act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the state of jammu and kashmir. According to the disturbed areas special courts act, 1976, once declared disturbed, the area has to maintain status quo for a minimum of. Afspa was enacted in 1958, as a short term measure, vouchsafing special powers upon members of the armed forces in disturbed areas in the then state. Although the contest over afspa is often reduced to a standard, tired one between security and liberty, the law raises serious constitutional concerns.
It conferred special powers upon the armed forces in the states of arunachal pradesh, assam, manipur, meghalaya, mizoram, tripura and nagaland. The terms of the act broadly remained the same as that of the armed forces special powers act assam and manipur of except for two sections, which provided additional powers to the armed forces. Get detailed illustrated notes covering entire syllabus. What is armed forces special powers act, and where is it. Violence became the way of life in northeastern states of india. It is estimated that nearly 90 percent of type ii diabetes cases are preventable. To examine the role of some important ngos in protecting and. Current scenario of afspa in nagaland the northeast state nagaland was declared as disturbed area for a period of 6 months on 30th june 2020. The afspa has been in force in various parts of northeast india for over five decades. A virtually identical law the armed forces jammu and kashmir special powers act, 1990 covers the state of jammu and kashmir. Afspa american foreign service protective association. Armed forces special powers act 1 947, temporarily for one year, and finally b y the act of 1958 in response to the deteriorating internal security situation in assam at the behest of the na ga. The armed forces special powers act afspa, 1958 was preceded by the armed forces assam and manipur special powers ordinance 1958. Records suggest that the act was enforced in 1990 when the state was placed under governor rule.
Armed forces special powers act afspa is a parliamentary act that grants special powers to the indian armed forces and the state and paramilitary forces in areas classified as disturbed areas. Apr 30, 2019 the armed forces special powers actafspa was passed on september 11, 1958 to help the army in tackling the disturbed areas of the northeast india. There has been a demand, hence, for the withdrawal of the controversial afspa from kashmir. It has been in the news lately because of the debate in the public domain and the ministry of home affairs over the need to refine it. Dec 31, 2020 recently ministry of home affairs declared nagaland as disturbed area for the coming 6 months under the afspa armed forces special powers act, 1958. The real problem with afspa is how a normal law can bypass. The armed forces special powers act of 1958 afspa is one of the more draconian legislations that gives the. May 02, 2020 afspa 1958 pdf afspa, has a fury that cannot be dismissed.
In simple terms, afspa gives armed forces the power to maintain public order in disturbed areas. After that afspa affected 0seven sister 2state of india. The armed forces special powers act, 1958 in manipur and. The act was preceded by an ordinance called armed forces assam and manipur special powers ordinance, 1958 promulgated by the president of india. The armed forces assam and manipur special powers act, later renamed as armed forces special powers act, was passed on september 11, 1958 by the parliament of india. Pdf afspa security for the state, insecurity for its. It was effective in the whole of nagaland, assam, manipur excluding seven assembly constituencies of imphal, meghalaya and parts of arunachal pradesh. Armed forces special powers act afspa is a series of act created by the parliament of india, that gives armed forces the power to maintain public order in disturbed areas. Apr 03, 2019 the state, which was formed on february 20, 1987, had inherited the controversial afspa enacted by parliament in 1958 and applied to the entire state of assam and the union territory of manipur. The armed forces special powers act, 1958 afspa a law operative in disturbed areas, including large parts of the northeast region of india and jammu kashmir, has facilitated grave human rights abuses, including extrajudicial execution. The armed forces special powers act, 1958 act 28 of 1958. Draconian legislations like the armed forces special powers act, 1958. Manipur experience, cpdm intends to produce a complied version of collected documents related to the act and issues centred on it.
Oct 06, 2016 afspa draws attention of indian population of india in 1958 when afspa is implemented in assam and manipur east state of india, due to naga insurgency. The naga people, who inhabited in the naga hills of assam and manipur, had opposed the merger of their area with india on the grounds that they were different. The ordinance gave the armed forces certain special powers in the disturbed areas of manipur and assam. It came on the statute book as the armed forces special powers act, 1958 28 of 1958.
The armed forces special powers act, 1948 was repealed in 1957 but it was implemented again with certain amendments in the year 1958 the reason for the implementation of the armed forces of the special power act, 1958 was the cumbersome internal security situation which has arisen in the naga hills of the assam. Armed forces special powers act afspa, a legislation of the government of india promulgated in the disturbed areas of indias northeast since 1958 and in. Special powers act, 1958 afspa must repeal the law instead, amnesty international said on the occasion of human rights day. According to the disturbed areas special courts act, 1976 once declared disturbed, the area has to maintain status quo for a minimum of 3 months. Armed forces special powers act, 1958, kashmir, ne and. The article 355 of the constitution of india confers power to the central government to protect every state from internal disturbance. To examine whether the enforcement of the act has produced desired results or not. Doorsteptutor material for ugc is prepared by worlds top subject experts. The act was passed by both houses of parliament on 18 august 1958 and received presidential assent on 11 september 1958. It was at this point that nehrus government passed the armed forces special powers act 1958, in the parliament. This incident was the starting point on how the afspa began to be imposed in the various parts of insurgency struck north east india. Short title and extent a this act may be called the armed forces special powers act, 1958.
Be it enacted by parliament in the ninth year of the republic of india as follows. Afspa 1958 pdf afspa, has a fury that cannot be dismissed. Armed forces special powers act, 1958, the afspa is getting the admonition. To study the uses and abuses of armed forces special powers act 1958 in nagaland. In the present volume entitled, armed forces special powers act, 1958. Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces the power to maintain public order in disturbed areas. The objective to implement the afspa act is to maintain law and order in the disturbed areas. A mong the many matters being debated in the ongoing lok sabha elections is the armed forces special powers act afspa, 1958.
The armed forces special powers act, 1958 act 28 of 1958, 11th september, 1958 an act to enable certain specialpowers to be conferred upon members of the armed forces in disturbed areas in the state of1arunachal pradesh, assam, manipur, meghalaya, mizoram, nagaland and tripura. Pdf living with armed forces special powers act afspa as. The 147page report recommends, the armed forces special powers act, 1958, should be repealed. Initially, the armed forces special powers act of 1948 was repealed in 1957, but was resurrected a year later in 1958 because of the deteriorating internal security situation in assam. It became known as the armed forces special powers act, 1958. To analyze the background of enforcement of the armed forces special powers act 1958 in nagaland. Virtual legal assistant, query alert service and an adfree experience. Afspa, bodoland territorial autonomous districts, human rights, indian armed forces, justice b. Farooq regime seemed also unaware of the subsequent direction. Apr 23, 2018 the centre has announced that it revoked the armed forces special powers act afspa from meghalaya from april 1. Comprised almost exclusively of incendiary footage, including acts of selfimmolation, the. The laws provide sweeping powers to soldiers, including the.
Once the area is declared as disturbed area then the afspa, 1958, is operative. Nagaland declared disturbed area under afspa topprsiq. This act may be called the armed forces special powers act, 1958. Armed forces special powers act, 1958, kashmir, ne and afspa. The afspa was enacted in 1958, as a short term measure, vouchsafing special powers upon members of the armed forces in disturbed areas in the then state of assam and union territory of manipur. This 844word act enables members of the armed forces to exercise certain special powers in disturbed areas. Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces the power to maintain. Afspa security for the state, insecurity for its citizens armed forces assam and manipur special powers ordinance was promulgated by the president on 22nd may of 1958 as an emergency measure to allow the deployment of the army to counter a separatist movement in the northeastern naga hills. Apr 24, 2018 the armed forces special powers act, 1958 afspa was completely removed from meghalaya and some areas of arunachal pradesh with effect from april 1, 2018. What is armed forces special powers act, and where is it in. Armed forces assam and manipur special powers act, 1958. During the course of its work, the committee members met several individuals, organisations, parties, institutions and ngos, which resulted in the report stating that the act, for whatever reason, has become a symbol of oppression, an. An insight of the armed forces special powers act, 1958 ms.
In its new incarnation, the enabling legislation is called the armed forces special powers act, 1958. Mind map for upsc exam afspa ias exam portal indias. Armed forces special powers act, 1958 had its roots in the lord linlithgow ordinance 1942 which was enacted to curtail the quit india movement and nagaland was one of the first former states to demand the withdrawal of itself from india. For them, afspa is a draconian law which if revoked would be replaced immediately by another law designed on the same pattern. After arunachal pradesh, meghalaya, mizoram and nagaland came into being, the act was appropriately adapted to apply to these states as well. Armed forces special powers act, 1948 being act 3 of 1948. It was passed to enable certain special powers to be conferred upon the armed forces in disturbed areas in the states of arunachal pradesh, assam, manipur, meghalaya, mizoram. In 1983, afspa was also introduced in punjab and chandigarh which withdrawn in 1997. Parliamentarians must repeal the armed forces special. The centre has revoked the armed forces special powers act afspa from meghalaya since april 1, 2018. Be it enacted by parliament in the fortyfirst year of the republic of india as follows. The edition does not include the list of names of the victims of afspa or. Act 28 of 1958 the armed forces special powers bill was passed by both the houses of parliament and it received the assent of the president on 11th september, 1958.
Under this act, all security forces are given unrestricted and wide powers to shoot, arrest and search, all in the. The afspa was enacted in 1958, as a short term measure, vouchsafing special powers upon members of the armed forces in disturbed areas in the then state of assam and union territory. Armed forces special powers act afspa, 1958 is an act of the parliament of india that grant special powers to the indian armed forces, the power to maintain public order in disturbed areas. While as for mainstream politicians, afspa is the soul of their political salvation.
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