Several villagers were killed due to misidentification in a recent para commando operation in Mon district of Nagaland. Since then, there have been calls for the repeal of the Armed Forces (Special Powers) Act, 1958 (AFSPA) in Assam, Manipur and Nagaland.
Dispute of ‘AFSPA’
Armed forces are empowered under the AFSPA Act to maintain public order in troubled areas. The law allows for the use of force or firing on a person found violating the law once a notice has been given. He was criticized for giving “unlimited” powers to the armed forces.
The law allows the armed forces to arrest a person without a warrant, enter an area and conduct a search.
Apart from Jammu and Kashmir, the controversial law applies to Nagaland, Assam, Manipur (excluding Imphal’s seven assembly constituencies) and parts of Arunachal Pradesh. Tripura and parts of Meghalaya have been left out of the list.
Center has the right to declare a ‘turbulent zone’
Areas that require the use of armed forces to assist civilians are marked as ‘turbulent areas’. According to Section 3 of the AFSPA Act, any area can be declared a ‘turbulent area’ due to differences or disputes between members of any religious, ethnic, linguistic or regional group, caste or community. The states initially had the right to declare an area as a ‘turbulent area’, but in 1972, this right was taken over by the Center.
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