Union home minister Amit Shah has hinted that the Centre would revoke AFSPA (Armed Forces Special Powers Act from J&K. In an interview to Gulistan News, Shah said the situation is normal. “We are considering revocation of AFSPA. The government has already drawn a roadmap for the withdrawal of troops and that the process will be initiated after elections,” as quoted by The Hindu.
Shah also said the assembly elections will be held in J&K before September. “Enshrining democracy in Jammu and Kashmir is Prime Minister Narendra Modi’s promise and it will be fulfilled. However, this democracy will not be confined to three families alone and will be a people’s democracy,” he said.
What is AFSPA?
AFSPA was introduced across troubled areas of the country in three separate acts, the Armed Forces Special Powers (Assam and Manipur) Act, 1958; The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983; and The Armed Forces (Jammu and Kashmir).
AFSPA has been imposed in the Northeast, Jammu & Kashmir, and Punjab during the militancy years. Punjab was the first state from which it was repealed, followed by Tripura and Meghalaya. It remained in force in Nagaland, Manipur, Assam, J&K, and parts of Arunachal Pradesh.
The Act gives special powers to the Indian Army to maintain peace in areas, which were considered “disturbed” by the Centre.
The Act is controversial as it empowers security personnel to use force and shoot as deemed fit to maintain public order. It also grants soldiers executive powers to enter premises, search, and arrest without a warrant on the basis of “reasonable suspicion”. It allows the armed forces to open fire, even causing death, against any person in contravention to the law or carrying arms and ammunition.
The Supreme Court in its 1998 order upheld the constitutionality of AFSPA, and said a suo-motu declaration can be made by the Central government, however, it is desirable that the state government should be consulted by the Centre before making the declaration.
Historically, AFSPA was introduced by the British to stop the Quit India Movement in 1942 launched by Mahatma Gandhi. The Act was implemented on August 15, 1942.
Why There is No Need for AFSPA in J&K
The Centre introduced the Act in J&K in 1990s as it believed several parts of the J&K were disturbed, and defence forces should be given power to maintain peace in the region. It was implemented during the rise of militancy in the Union Territory.
The then J&K government declared Kashmir Valley as a disturbed area under Section 3 of AFSPA. Later, in August 2001, it extended provision to Jammu province.
Since the Abrogation of Article 370, militancy related incidents have declined in the J&K, paving the way for the Centre to consider the need to remove AFSPA in the region.
During the BJP government at Centre, only 2,197 militancy-related incidents took place in J&K compared to 40,164 cases between 1994 and 2004, and 7,217 from 2004 to 2014.
According to J&K Police data, militancy cases have seen a decline of 80% in 2023 compared to previous years.
What is the Status of AFSPA in Northeast?
AFSPA is currently enforced in 31 districts and partially in 12 districts of four states in the Northeast Assam, Nagaland, Manipur and Arunachal Pradesh.
The Armed Forces (Special Powers) Act, 1958, was completely withdrawn in Meghalaya in 2018, Tripura in 2015 and Mizoram in the 1980s.
The Centre’s announcement of reducing the “disturbed area” under AFSPA in the Northeast was made by Amit Shah based on the recommendations of a high-level committee set up to examine the possibility of lifting the law after the killing of 14 civilians by the Army in Nagaland’s Mon district in December 2021.
All 15 districts of Nagaland have been declared “disturbed area” since 1995.
In Arunachal Pradesh, Tirap, Changlang and Longing districts, and the areas falling within the jurisdiction of Namsai and Mahadevour police stations in Namsai district bordering Assam were declared “disturbed areas” under AFSPA.
In for Assam, a notification was issued by the state government, which said “disturbed area” under the AFSPA has been withdrawn completely from 23 districts and one sub-division of the state’s 33 districts.
In Manipur, the “disturbed area” tag will no longer be applicable in seven police station areas of Imphal West district, four police station areas under Imphal East district and one police station area each in the districts of Thoubal, Bishnupur, Kakching and Jiribam. The “disturbed area” declaration is in force in entire Manipur, except Imphal municipality area, since 2004.
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