Nagaland and Meghalaya want 'draconian' AFSPA repealed; here is why
The AFSPA, among other aspects, empowers security forces to carry out its operations anywhere and detain any individual without any prior warrant.
FollowThe Armed Forces (Special Powers) Act is back in the spotlight, this time as a fallout of the botched anti-insurgency operation of the Indian Army in Nagaland and the subsequent violence which claimed the lives of 14 civilians. Nagaland Chief Minister's Neiphiu Rio remarks on Twitter seeking for the repealing of the AFSPA on Monday, have sparked off the debate over the Act. To note, the people of Nagaland have always opposed the AFSPA.
The Centre had in June this year extended the AFSPA in Nagaland till December 31. The AFSPA, among other aspects, empowers security forces to carry out its operations anywhere and detain any individual without any prior warrant. The AFSPA had been imposed in the state after the Centre's assessment that the state was in a disturbed and dangerous condition that necessitated the use of armed forces.Â
The AFSPA, 1958, further states:Â
* No officer can be prosecuted except with the permission of the central government for actions under this Act.
* The ranking officer is permitted to arrest without a warrant any individual who has committed an offence or against whom there is a reasonable suspicion that he is about to commit an offence. The use of force is permitted if necessary to make the arrest.
* The ranking officer is allowed to enter and search any premises without a warrant.
* The Centre's permission is necessary to initiate legal action against a person picked up under the AFSPA.
Terming the AFSPA as a draconian law, Chief Minister Rio said that there are laws to take care of the so-called 'disturbed situation'. He also questioned the need for AFSPA to exist when the insurgent groups are in ceasefire and peace talks are on with the Centre. Besides Nagaland, Meghalaya too has sought the repealing of the AFSPA. Like Rio, Meghalaya Chief Minister Conrad Sangma too took to Twitter seeking the removal of the Act.
Nagaland government has said that it would write to the Centre to repeal the AFSPA. Besides Nagaland, AFSPA is in force in parts of Arunachal Pradesh, Assam, Manipur and Jammu and Kashmir.Â
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