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ᎯᏦᎯᎦᏂ ᏦᏂᏋᎿᖇᏋThe News
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.