Know About What is AFSPA Act and Military powers in AFSPA law?
India is a constitutional country, where everyone has to follow the laws mentioned in the constitution. If any citizen is found violating the rules of the Constitution of India, then that person is punished by taking appropriate action by the judiciary. In this episode, today we have a law in this article, “What is AFSPA law” on which we are going to talk, which is not applicable in all the states of India but only a few states of India Arunachal Pradesh, Meghalaya, Mizoram , Assam, Manipur, Tripura and Nagaland, the reason being that it is applicable only in those states in which there is always a possibility of “disturbed” environment, or because of caste, religion or other status. differences in the communities increase.
If you are also interested to know about the full form of AFSPA (AFSPA Explained in Hindi), then here this information has been made aware of.
What is AFSPA Act?
The Armed Forces Special Power Act 1958 “AFSPA” Act was passed 61 years ago in the Parliament of India. This law has been made for the security forces, which is applicable in the sensitive ie disturbed areas of the country. In this law, some different privileges have been given to the Indian security force, that is, the army. If seen from the point of view of the security of the army, the AFSPA law is a very important law for the army in the troubled areas of India, with the help of which the present state government also does not obstruct any work of the army. It simply means that there can be no interference of the state government.
It is possible to stop terrorist activities on the borders of the country only with the help of AFSPA law, under this law there is no problem in interrogation or taking any action by the soldiers, because the army does not have to answer to the government.
What Is AFSPA Full form?
The full form of AFSPA is “Armed Forces (Special Powers) Act. Apply this law in a very dangerous situation, where the police and paramilitary forces are not able to fight terrorism, extremism or other external forces. The army force is not accountable for the action taken under this, in some circumstances the report is submitted to the central government.
When does the AFSPA Act come into force?
When the AFSPA law can be implemented in any state or area only when the situation in that area is not normal, in view of which the State Government or the Central Government ‘disturbed area’ means that ” Disturbed Area Act”. Only after this act is implemented, the army or armed forces are sent there to maintain peace. Immediately after the implementation of this law, the army gets the right to take action against any suspicious person.
This situation arises due to differences between two or more communities on the basis of differences of religious, regional groups, racial, linguistic, castes in the region.
Military powers in AFSPA law:
Keeping in mind the army personnel, some rights have been provided in the AFSPA Act, so that the personal life of the army personnel should not be affected. The powers of the army are as follows:-
The army force has been given the power to arrest and interrogate any suspicious person without any warrant.
Apart from this, the armed forces have been given the right to search any house in the state without any search warrant, and for this, if necessary, can also use force.
If any civil unrest in such area, repeatedly breaks the law and rules, then in such a situation there is a right to use force till death, but for this the security force leader has to submit a report to the center later. is In any situation, if the armed forces are suspected and the rebels or miscreants are hiding in any place (in case of possibility of armed attack), then they have the right to destroy that place. In case of suspicion, any vehicle can be stopped and searched. Under this, even if there is wrong action from the armed forces, legal action cannot be taken against them.
Why there is opposition to the AFSPA law?
If any facility is given in any law, then some people take wrong advantage of it. It has been seen many times that cases of misuse of this Act by the security forces have come to the fore, that is, allegations have been made. Cases of fake encounter, sexual harassment and personal enmity have been found in these charges. The AFSPA law violates human rights in some situations, so some experts compare it with the ‘Roulette Act’ implemented at the time of the British, because in this law also a person can be arrested only if found under suspicion. Due to these reasons, this law has been opposed from time to time, and many NGOs and social workers have been demanding its removal.
AFSPA law is applicable in these states:
If all the states of India are seen, then the AFSPA law is applicable in Assam, Nagaland, Jammu and Kashmir and Manipur. Apart from this, this Act has been implemented in the state of Arunachal Pradesh in the districts of Changlang, Tirap and Langding and the border with Assam. Apart from this, at some places of Meghalaya which are adjacent to Assam.