Context

• Recently, the Central Government has implemented the Armed Forces (Special Powers) Act, 1958 in the areas under the jurisdiction of eight districts and five districts of Nagaland and 21 police stations in three districts and one other district of Arunachal Pradesh. Extending this, they have been declared as 'disturbed areas' for a period of 6 months.
• This notification will come into effect from April 1, 2024.

Key Points

• The Home Ministry issued a notification to extend the AFSPA for the next six months in Dimapur, Newland, Chumaukedima, Mon, Kiphire, Noklak, Phek and Peren districts of Nagaland.
• Additionally, AFSPA has also been extended to areas under the jurisdiction of 21 police stations in five districts of Nagaland.
• These areas are Zunheboto and Mokokchung districts with six police stations each; Five police stations in Kohima; Three police stations in Wokha; and Yanglok Police Station in Longleng District.
• The said police stations have been declared as 'disturbed areas' under Section 3 of the Armed Forces (Special Powers) Act, 1958 for a period of six months from April 1, 2023.
• The Center took the step after further review of the law and order situation in the state of Nagaland.
• Apart from this, if we talk about Arunachal then the following districts of the state; Tirap, Changlang and Longding are among the three districts where AFSPA has been extended for the next six months.
• Whereas in Namsai district of Arunachal Pradesh, bordering Assam state, the areas under the jurisdiction of Namsai, Mahadevpur and Chaukham police stations have been declared as 'disturbed areas' under Section 3.

About AFSPA

• The AFSPA empowers security forces to arrest a person without a warrant, enter or search premises without a warrant, as well as take certain other actions.

Why is AFSPA controversial?

• Problem of human rights violations
• This law empowers security personnel to use force (if necessary) to maintain public order and shoot to death.
• It also gives executive powers for soldiers to enter premises without a warrant, conduct searches and make arrests.
• The use of these extraordinary powers by the armed forces has led to allegations of fake encounters and other human rights violations against security forces in troubled areas.
• At the same time, the indefinite implementation of AFSPA in some states like Nagaland and Jammu and Kashmir has also been questioned.

Related Committee

• In November 2004, the Central Government constituted a five-member committee headed by Justice B.P. Jeevan Reddy to review the provisions of the Act in the North-Eastern States.

Committee Recommendations

• AFSPA should be repealed and appropriate provisions should be included in the Unlawful Activities (Prevention) Act, 1967.
• The Unlawful Activities Act should be amended to clearly specify the powers of the armed forces and paramilitary forces and complaint cells should be set up in every district where the armed forces are deployed.

Supreme Court Stand

• In 1998, the Supreme Court upheld the constitutionality of AFSPA in one of its decisions, Naga People's Movement of Human Rights vs. Union of India.
• According to this decision, the implementation of this Act can be announced by the Central Government on its own motion, however, it is desirable that the State Government should consult the Central Government before making the announcement.
• The declaration should be for a limited period and the declaration should be reviewed from time to time.
• While exercising the powers conferred by AFSPA, the authorised officer should use minimum force necessary for effective action.

What should be done?

• The government should address the affected people and assure them of appropriate action.
• Instead of implementing this Act in the entire state, it should be limited to only a few sensitive districts.
• The government and security forces should also follow the guidelines set by the Supreme Court, Jeevan Reddy Commission and National Human Rights Commission (NHRC).

Important Facts For Exam

Nagaland

• Capital: Kohima (Executive Branch)
• Chief minister: Neiphiu Rio
• Official animal: Gayal
• Official flower: Rhododendron arboreum
• Official bird: Blyth's tragopan

Arunachal Pradesh

• Chief Minister: Pema Khandu
• Governor: Kaivalya Trivikram Paranayak
• Capital: Itanagar