Armed Forces (Special) Powers Act, (AFSPA) 

The Armed Forces (Special) Powers Act, known as AFSPA, has been a topic of discussion in India for many years. This law was made in 1958 during the Naga insurgency. It gives special powers to the army and police to maintain order in areas that the government declares as "disturbed." In these areas, security forces can use strong measures like shooting to kill, searching houses, and destroying property that they think insurgents might use. They can also arrest people without a warrant and are protected from facing legal actions for their actions under this law.

What AFSPA Does:

• AFSPA is in place in Assam, Jammu and Kashmir, Nagaland, and parts of Manipur. In Arunachal Pradesh, it is active in certain districts and along its border with Assam. In Meghalaya, it applies to an area near the Assam border. Recently, the Indian government removed AFSPA from some parts of Assam, Nagaland, and Manipur because of improved security and development efforts.

Declaring an Area as 'Disturbed':

• The government can declare an area as "disturbed" under Section 3 of AFSPA. It can be done by the Central government or the state's Governor. The state government can suggest whether AFSPA should be used, but the Governor or the Central government can override their decision.

Different Rules for Different States:

• Originally, AFSPA was only for Assam and Manipur during the Naga insurgency. After the northeast was reorganized in 1971, it was changed to apply to each state individually, with different sections depending on the situation in each state.

Criticism of AFSPA:

• Many people criticize AFSPA because it can violate fundamental rights. For example, Section 4(a) allows the army to shoot to kill, which goes against the right to life. Section 4(b) lets them search without warrants, which infringes on the right to liberty. Prohibiting civil gatherings under Section 121 goes against the right to assembly. Also, no permission from a judicial magistrate is needed for arrests, which violates Article 22.

Why AFSPA Has Been Withdrawn:

• AFSPA has been withdrawn from some areas because the security situation has improved, and there have been efforts to bring peace to the Northeast. For instance, in Nagaland, major groups like the NSCN(I-M) and Naga National Political Groups (NNPGs) are working on agreements with the government.

Impact of the Withdrawal:

• The Northeast has lived with AFSPA for almost 60 years, creating feelings of being separate from the rest of India. Removing AFSPA is expected to help the region by easing restrictions on movement and searches.

Why the Army Supports AFSPA:

• The army believes AFSPA is necessary for efficient counter-insurgency operations. They fear that without it, their performance will suffer, and insurgents will gain the upper hand. The army also worries that locals might file lawsuits against them without AFSPA.

In conclusion, AFSPA has been a long-standing issue in India, with strong arguments on both sides. While it was created to maintain order in disturbed areas, it has been criticized for violating fundamental rights and alienating people. The recent withdrawals show efforts to find a balance between security and individual rights. It is crucial to keep working on solutions that respect human rights while ensuring security in troubled regions.