The Armed Forces (Special Powers) Act is set to
be withdrawn from Assam in August. In 1990, the entire was declared a
“disturbed area” and AFPSA was imposed when the United Liberation Front of
Assam (ULFA) militancy was at peak. ULFA sought to establish an independent
state of Assam with an armed struggle in the Assam conflict.
In September 2018, the Centre had delegated to
Assam the power to extend or withdraw AFSPA. The state government has had twice
extended the Act, citing the upcoming publication of the final National
Register of Citizens (NRC). The deadline for submitting the complete and final
NRC is July 31st.
The Armed Forces (Special Powers) Act was
enacted in 1958 to bring under control what the government of India considered
The state or central government considers those
areas as ‘disturbed’ “by reason of differences or disputes between members of
different religious, racial, language or regional groups or castes or
Section (3) of the AFSPA empowers the governor
of the state or Union territory to issue an official notification in The
Gazette of India, following which the Centre has the authority to send in armed
forces for civilian aid.
Once declared ‘disturbed’, the region has to
maintain status quo for a minimum of three months, according to The Disturbed
Areas (Special Courts) Act, 1976.
The AFSPA offers powers to the Army and Central
forces deployed in disturbed areas to kill anyone acting in contravention of
law, arrest and search any premises without a warrant. These armed forces are
immune from prosecution unless Union Government provides sanction to the
AFSPA is effective in the whole of Nagaland,
Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of
Arunachal Pradesh. The Centre had revoked it in Meghalaya on April 1, 2018.
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