Our politicians at both the Centre and the States, therefore, increasingly turn to the army to perform police duties. Retrieved 7 April She has been fasting and in solitary confinement for about 13 years. What are the Defence Capabilities of India? It has been a controversial one, with human rights groups opposing it as being aggressive. April 23,
Action can be taken but with prior sanction of the Central Government. Linlithgow responded with violence: Any Vehicle can be stopped and searched. Retrieved 20 May On 8 July , in a landmark ruling, The Supreme Court of India ended the immunity of the armed forces from prosecution under AFSPA, saying, in an page judgement, “It does not matter whether the victim was a common person or a militant or a terrorist, nor does it matter whether the aggressor was a common person or the state.
Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest.
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Armed Forces Special Powers Act (AFSPA): Powers and Pros & cons of the law
Leave a Reply Cancel reply Enter your comment here A report by the Institute for Defense Studies and Analysis points to multiple occurrences of violence by security forces against civilians in Manipur since the passage of the Act.
Archived from the original on 9 November We hear many citizens complaining of security checks in and outside the country but we hear no such complaint from foreigners. Retrieved 8 July Archived from the original PDF on 1 October November 02, It clearly violates International Law. Under this law the armed forces have the authority to prohibit gathering of five or more persons in an area. Printable version May 23, 6: Cabinet Committee on Security to meet on Monday.
Please update your browser. How has this Act been received by the people?
The Act came into force in the context of increasing violence ij the Northeastern States decades ago, which the State governments found difficult to control. There are so many examples when the oppressive powers given to the armed forces have been misused. Even in the case of wrongful action by the armed forces, legal action is not agspa against them. Continued unrest, like in the cases of militancy and insurgency, and especially when borders are threatened, are situations where AFSPA is resorted to.
A few years into Indian independence, Jawaharlal Nehru, kashmie first prime minister, faced his first insurgency in Naga districts of Assam, along the Burmese border. The protests in Manipur reached a crescendo because of the death in custody of Th.
Retrieved from ” https: Get email updates from Al Jazeera America. It is a shame that we use severe and inhuman laws against our own people. The Act has been criticized by Human Rights Watch as a “tool of state abuse, oppression and discrimination”. She termed the law as “dated and colonial-era law kshmir breach contemporary international human rights standards.
Retrieved 29 April Armed Forces Special Powers Act featuresinformation on afspapros ajd cons of asfpa.
AFSPA (A Brief Overview) | ? PRIORITY
Sidhu admitted to the American Consul General in Kolkata, Henry Jardine, that the Assam Rifles in particular are perpetrators of violations in Manipur which the very same cables described as a state that appeared more of a colony and less of an Indian state. If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search a premises without a warrant; and ban the possession of firearms.
It supported a new doctrine of policing and criminal justice inherent in an inclusive approach to governance.
Let it manage the borders. They have the authority to prohibit a gathering of five or more persons in an ob, can use force or even open fire after giving due warning if they feel a person is in contravention of the law. Economic and Political Weekly. The Buried Histories of Indian Democracy”. A verifcation code has been sent to your mobile number Please enter the verification code below.
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