AFSPA (ARMED FORCES [SPECIAL POWERS] ACT) 1958

The AFSPA, enacted in 1958, was designed to control areas that the Indian government deemed ‘disturbed.’ It was initially enforced in the Northeast and later in Punjab. Under its provisions, the armed forces were granted authority to open fire, conduct warrantless searches, and arrest individuals accused of cognizable offenses. Notably, the prosecution of officers on duty required prior permission from the Central Government.
States Where AFSPA is in Effect:
AFSPA can be implemented in an area only after it has been officially declared as ‘disturbed.’ Before the March 2023 notification, the states under AFSPA included

1. Assam
2. Nagaland
3. Manipur (excluding seven assembly constituencies of Imphal)
4. Arunachal Pradesh (limited to the Tirap, Changlang, and Longding
districts, along with a 20-km border belt adjoining Assam)
5. Jammu and Kashmir

It was entirely lifted from Meghalaya in April 2018 and repealed in Tripura in 2015.
A ‘disturbed area’ is one officially declared through Section 3 of the AFSPA. This declaration is made by the governor of the state or the Administrator of a Union territory via an official notification in The Gazette of India. Once declared ‘disturbed,’ the region must maintain a status quo for a minimum of three months, according to The Disturbed Areas (Special Courts) Act, 1976. State governments can recommend whether AFSPA should be enforced, but their opinion can still be overruled by the governor or the Centre.
Controversial Provisions of AFSPA:

1. Section 3: Empowering the Centre to declare any area as a ‘Disturbed Area’ without state consent.
2. Section 4: Granting certain powers to authorized officers, including the authority to open fire, arrest without a warrant, and conduct warrantless searches.
3. Section 7: Mandating prior executive permission from central or state authorities for the prosecution of security force members.

From 2023 April 1, the ‘Disturbed Area’ notification was lifted from:
– One more district in Assam
– Four more police stations in Manipur
– Three more police stations in Nagaland

Conversely, one police station in Arunachal Pradesh, namely Chowkham, has been declared a ‘Disturbed Area’ under the Act.

Compared to 2014, there has been a remarkable reduction of 76 percent in extremist incidents in 2022. Likewise, the number of security personnel and civilian casualties has decreased by 90 percent and 97 percent, respectively, during this period. The North-eastern states have seen the implementation of several peace accords in the past four years, leading to many extremist groups laying down their arms. Since 2014, approximately 7,000 insurgents have surrendered.