Disadvantages Of AFSPA

AFSPA – A NECESSARY EVIL

Aditya Sethi

1st Year, BBA LLB, School of Law Christ University

Imposed first on the Naga Hills in 1958, AFSPA, an emergency law, was to be in force for a year. Almost six decades thereon, it remains in effect not just in these hills but in “disturbed areas” across all seven northeastern states. Since July 1990, it has been in force in the Kashmir Valley too.

The opponents of the AFSPA have challenged it on legal and moral grounds, and also termed it as a symbol of oppression. The long standing debate on AFSPA has been triggered by incidents like the alleged killing of Manorama Devi in Manipur by Assam Rifles personnel, consequent to this, fast taken up by Irom Sharmila demanding repeal

In reference to this,the armed forces have time and again maintained that the human rights violations are in fact aberrations and in continuation of the standards of discipline in the Army, all cases so far have been investigated. More than 90% cases of alleged human rights violations have been found to be motivated to embroil security forces in long legal battles and put them on the back foot. This notwithstanding, the underlining strategically relevant aspects in support of AFSPA need holistic introspection.

The foundation of the AFSPA is based on article 355 of the Constitution which lays down the responsibility upon the Union to protect every State against external aggression and internal disturbance. The act was also granted legitimacy by the Supreme Court in the Naga Peoples’ Movement for HR vs. UOI, 1997. It is axiomatic to say that in the first place, AFSPA is imposed only when the security situation is beyond the control of the state government and the purview of normal law and order situation and demands intervention by the military forces to stabilize

From the strategic perspective, it needs to be appreciated that even as Kashmir and North Eastern States have reached the stage of conflict stabilization, fresh threats loom before it in the form of the effects of turbulent sit in Afghanistan, increase in radicalization, the entry of ISIS and the new trend in Kashmir-young educated youth joining militancy . Other instrumental aspects include the practicality of conduct of military operations against armed terrorists in real time in absence of AFSPA, legal safeguards to soldiers, shifting of terror bases to un-disturbed areas and apprehensions of political compulsions in implementations of re-imposition of AFSPA one it is repealed or