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Armed Forces Special Powers Act (AFSPA) - Coggle Diagram
Armed Forces Special Powers Act (AFSPA)
AFSPA: A Backgrounder
It provides “special power” to the Armed Forces in Disturbed Areas
It gives total immunity to the armed forces for any action taken by them
1958, For insurgency in the North-Eastern States
What are the Special Powers?
Power to destroy structures
Power to arrest without warrant
Power to use force, including opening fire, even to the extent of causing death
Power to enter and search premises
Need for AFSPA
Under severe Law and Order crisis
Combat insurgency in the country and protect the borders
Counter-insurgency / terrorist operations
Issues with AFSPA
Protection against prosecution under section 6
Power to kill under Section 4
Arbitrariness
Reduce professionalism
Against federalism
Lack of accountability mechanism
Violation of Right to Life and Personal Liberty (Article 21)
Other issues
Autocracy
Sexual Misconduct by Armed Forces
Implications of recent incident
Demand for repeal of AFSPA
Separatist movements
Rise in insurgency due to anger
Political failure
Retard the Naga peace process
Way forward: Ten Commandments given by Supreme Court
Empathy with perpetrators
Minimal use of force
People friendliness
No arbitrary action
Good intelligence
Due warning
Declaration preconditions
Definite circumstances
Compassion
Upholding Dharma (Duty)