AFSPA: Window-dressing on draconian law

The Union government’s decision to lift the Armed Forces (Special Powers) Act (AFSPA) from some areas in Assam, Manipur and Nagaland has been welcomed, but on closer scrutiny, it cannot be considered as big a decision as it is claimed to be. It has been removed from one district of Assam, and within the limits of four police stations in Manipur, and three police stations in two districts of Nagaland.

At the same time, one more police station in Arunachal Pradesh was declared a ‘Disturbed Area’ under the Act. The home ministry has said that there is significant improvement in the security situation in the North-East and a reduction in extremist activities. It has also noted that peace accords have been signed with militant bodies and the Centre is in dialogue with states on the security situation. Home Minister Amit Shah has called the government’s decision ‘’historic.’’

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But the decision does not significantly reduce the number of areas under the AFSPA. While small areas have been taken out of the purview of the law in Assam, Manipur and Nagaland, it has greater spread in Arunachal Pradesh now. While AFSPA was in force in 42 districts in the region till now, areas in 41 districts are covered by the law now. This cannot be taken as a major reduction in the areas covered by the draconian law.

The law has been widely criticised in the region and outside as it gives unbridled powers to the Armed Forces and the Central Armed Police Forces (CAPF) to arrest and kill anyone, search any premises without a warrant, and take other actions which cannot be questioned. It gives protection from prosecution and legal suits to the forces to the largest extent and this gives a sense of impunity to them.

The AFSPA is among the most reprehensible and undesirable laws in the country’s statute book. It has been grossly misused in every state where it has been imposed. Security forces have resorted to extrajudicial killings and other atrocities under the protection given by the law. The Supreme Court has taken note of hundreds of such killings. There have been many other kinds of highhanded conduct and severe violations of human rights. Armed forces have always maintained that the law is essential for maintenance of public order in strife-torn places where they are assigned to keep the peace. But it is a wrong notion that peace and order can be won or maintained by strong-arm methods and undemocratic means. A law like AFSPA has no place in a democratic society.