AFSPA Full Form
What is the full form of AFSPA?
The full form of AFSPA is the Armed Forces Special Powers Act (AFSPA) .The Armed Forces Special Powers Act (AFSPA) is a controversial law that gives the Indian armed forces special powers to maintain public order in "disturbed areas." The law was enacted in 1958 and has been amended several times since then. Under the AFSPA, the armed forces have the authority to maintain public order in "disturbed areas" that are declared as such by the central or state government. A person who has committed or is even "about to commit a cognizable offence" may be "arrested without a warrant" by security forces based on "reasonable suspicion." Additionally, it grants legal immunity to security forces for their actions in unrest-prone areas.
The salient features of the AFSPA act are:
In order to stop the terrorist activity or any other activity that could threaten India's sovereignty or be offensive to the national anthem, flag, or constitution, the Governor of a State and the Central Government may declare a portion or the entirety of any state to be a disturbed area.
According to Section 3 of the AFSPA, the Central Government may send out armed forces to support the civilian authorities if the governor of a state publishes a formal notification in The Gazette of India.
Also, The Central Government must first give its consent before prosecuting an on-duty officer for alleged human rights violations.
After a person is taken into custody, the person must be delivered as soon as possible to the closest police station.
Security forces have the authority to search without permission and make arrests of anyone without a warrant.
Criticism of AFSPA
Violates Fundamental Rights: Armed forces being given the authority to arbitrarily detain and arrest people goes against the fundamental freedom guaranteed by Article 22, which offers protections for both preventive and punitive detentions. The person who has been arrested must appear in court within 24 hours of the FIR, according to the Supreme Court.
Misuse of Absolute Power: The military has the unrestricted right to shoot anyone on sight for even the most minor infractions like disobeying orders, all on the basis of a single suspicion. The ability to shoot someone on sight violates their fundamental right to life because it reduces them to mere objects of an officer's judgement and makes the soldier on the ground the arbiter of the worth of various lives.
Violates Human Rights: The act's failure to uphold and protect human rights is evident in the 2004 shooting deaths of the Thangjam Manorama by Assam rifles and the allegations of alleged custodial rape. The act supports a militarised security strategy that has been shown to be not only ineffective but also counterproductive in addressing security issues.
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Frequently Asked Questions (FAQs)
President Dr Rajendra Prasad granted the Armed Forces (Assam and Manipur) Special Powers Ordinance 1958 on May 22.
The Governor declared it a "disturbed area." Due to the lack of legislative guidelines, it could not be arbitrary; Inderjit Barua v.
Ministry of Home Affairs is associated with AFSPA.
The AFSPA gives the armed forces and the Central armed police forces deployed in "disturbed areas" unrestricted authority to execute anyone breaking the law, to detain and search any property without a warrant, and to do so while being shielded from legal action and prosecution.
AFSPA stands for Armed Forces Special Powers Act. The Armed Forces Special Powers Act (AFSPA) is a law that gives the Indian armed forces special powers to maintain public order in "disturbed areas." The AFSPA was enacted in 1958 and has been amended several times since then.