The Armed Forces Special Powers Act,also known as AFSPA was enacted in 1958 conferring special powers on the Indian armed forces manning the internally disturbed regions of India.The act was based on Armed Forces (Special Powers) ordinance of 1942 originally conceived to quell the Quit India movement in pre-independent India.In recent times,the legitimacy of AFSPA has been questioned thus making it very controversial.
The AFSPA was enacted against the backdrop of Naga rebellion that took place in late 1950s.Even today,the act is being implemented in several areas of north-eastern regions and parts of Jammu and Kashmir.The contentious issue pertains to a clause which states that a commissioned or a non-commissioned officer may fire upon a person to the act of causing death in the name of self-defence.This provision is sometimes misused by the armed personnel thus amounting to gross violation of human rights.The gang-rape of Manipuri women by the army and the condemnation of such heinous crime across the nation is a case in point.This incident was followed by a fast-until-death by Irom Sharmila who continues to be force-fed till date.
However,the proponents of the act contend that giving special powers to armed forces is necessary for counter-insurgency operations.The army leadership continues to vociferously oppose any sort of dilution to the act.The civilian government too seems reluctant to modify or repeal some of its provisions.The act,indeed makes a mockery of democratic control over the military.The Jeevan reddy commission also called for the repeal of the act,which the government chose to ignore.
Overall,the act cannot be continued in its present form in view of its rampant misuse.Although its outright repeal might not materialise too soon,but certain provisions of the act could be amended.The armed personnels who are found guilty of committing grave crimes ought to be prosecuted and punished so as to uphold the rule of law.It is ironical that we use such draconian law against our own citizens.
The AFSPA was enacted against the backdrop of Naga rebellion that took place in late 1950s.Even today,the act is being implemented in several areas of north-eastern regions and parts of Jammu and Kashmir.The contentious issue pertains to a clause which states that a commissioned or a non-commissioned officer may fire upon a person to the act of causing death in the name of self-defence.This provision is sometimes misused by the armed personnel thus amounting to gross violation of human rights.The gang-rape of Manipuri women by the army and the condemnation of such heinous crime across the nation is a case in point.This incident was followed by a fast-until-death by Irom Sharmila who continues to be force-fed till date.
However,the proponents of the act contend that giving special powers to armed forces is necessary for counter-insurgency operations.The army leadership continues to vociferously oppose any sort of dilution to the act.The civilian government too seems reluctant to modify or repeal some of its provisions.The act,indeed makes a mockery of democratic control over the military.The Jeevan reddy commission also called for the repeal of the act,which the government chose to ignore.
Overall,the act cannot be continued in its present form in view of its rampant misuse.Although its outright repeal might not materialise too soon,but certain provisions of the act could be amended.The armed personnels who are found guilty of committing grave crimes ought to be prosecuted and punished so as to uphold the rule of law.It is ironical that we use such draconian law against our own citizens.
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