Rakesh Garhwal

Armed Forces (Special Powers) Act (AFSPA)  Background: At least 13 civilians including a soldier lost their lives during open firing by security troops between Oting and Tiru villages in Nagaland's Mon district on December 4, 2021. The Special Forces in that area were reportedly tipped off by the intelligence agencies about the movement of some terrorists of the NSCN (KY) and ULFA.   History of Nagaland Insurgency: The British annexed Assam in 1826, and in 1881, the Naga Hills too became part of British India. In 1946 Naga National Council (NNC) was formed under the leadership of Angami Zapu Phizo. It declared Nagaland “an independent state” on August 14, 1947. On March 22, 1952, Phizo formed the underground Naga Federal Government (NFG) and the Naga Federal Army (NFA). The Government of India sent in the Army to deal with insurgency and, in 1958, Armed Forces (Special Powers) Act was enacted. The Naga Hills, a district of Assam, was upgraded to a Nagaland state in 1963. On No...

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 r...