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AFSPA Notes for GD

AFSPA
• 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”
• It gives powers to the army, state and central police forces to shoot to kill, search 
houses and destroy any property that is “likely” to be used by insurgents in areas 
declared as “disturbed” by the home ministry.
• AFSPA is invoked when a case of militancy or insurgency takes place and the 
territorial integrity of India is at risk.
• Security forces can “arrest a person without warrant”, who has committed or even 
“about to commit a cognizable offence” even based on “reasonable suspicion”.
• It also provides security forces with legal immunity for their actions in disturbed 
areas.
• While the armed forces and the government justify its need in order to combat 
militancy and insurgency, critics have pointed out cases of possible human rights 
violations linked to the act.
Historical Background
• The AFSPA – like many other controversial laws – is of a colonial origin. The AFSPA 
was first enacted as an ordinance in the backdrop of Quit India Movement launched 
by Mahatma Gandhi in 1942.
• A day after its launch on August 8, 1942, the movement became leaderless and 
turned violent at many places across the country. Leaders like Mahatma Gandhi, 
Jawaharlal Nehru, VB Patel and a host of others had been put behind the bars.
• Shaken by the massive scale of violence across the country, the then Viceroy 
Linlithgow promulgated the Armed Forces (Special Powers) Ordinance, 1942.
• This Ordinance practically gave the Armed Forces a “license to kill” when faced with 
internal disturbances.
• The reason for conferring such power as per “Objects and Reasons'” included in the 
Bill was that “Keeping in view the duty of the Union under Article 355of the Indian 
Constitution, interalia, to protect every State against any internal disturbance.
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