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AFSPA revoked in Meghalaya, some areas of Arunachal Pradesh

News Summary

• The Armed Forces (Special Powers) Act has been removed from all areas in Meghalaya and parts of Arunachal Pradesh.

• The decision to remove AFSPA has been taken due to significant improvement of security situation in the two states.

Background

• The Act came into force in the context of increasing violence in the Northeastern States decades ago, which the State governments found difficult to control. 

• The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it was approved by the President on September 11, 1958. 

• It became known as the Armed Forces Special Powers Act, 1958.

• It is effective in the whole of Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of Arunachal Pradesh. 

• The Centre revoked it in Meghalaya on April 1, 2018. 

• Earlier, the AFSPA was effective in a 20 km area along the Assam-Meghalaya border. 

• In Arunachal Pradesh, the impact of AFSPA was reduced to eight police stations instead of 16 police stations and in Tirap, Longding and Changlang districts bordering Assam.

• Tripura withdrew the AFSPA in 2015. Jammu and Kashmir too has a similar Act.

Armed Forces (Special Powers) Act

• AFSPA gives armed forces the power to maintain public order in “disturbed areas”. 

• It gives the authority to prohibit a gathering of five or more persons in an area by the use of force or by open firing after giving due warning if they feel a person is in contravention of the law. 

• If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search a premises without a warrant; and ban the possession of firearms.

• Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest.

What is a “disturbed area”?

• A disturbed area is one which is declared by notification under Section 3 of the AFSPA. 

• An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities. 

• The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.