AFSPA Act is a needed legislation or a misused power (by Surajeet) – APSC Mains Essay

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AFSPA Act is a needed legislation or a misused power – APSC Mains Essay

(Essay submitted in APSC Mains Essay Writing Contest 2019 – Essay Topics for week 5)

AFSPA Act is a needed legislation or a misused power By Surajeet

Introduction– AFSPA was introduced to give the armed forces the power to maintain public order in disturbed areas. Under the act, the forces have the power to prohibit a gathering of five or more persons in an area.

Further the forces have the power to open fire after giving a due warning, if it felt that a person is not obeying the law. The Army can also arrest a person without a warrant, if reasonable suspicion exists.

The powers to carry out a search without warrant and ban possession of firearms are also some of the provisions under the act.
The act was passed by both houses of Parliament and approved by the President of India on September 11, 1958. Under Section 3 of the act. Under this section, the Centre or Governor of a State can declare the entire state or part of it as a disturbed area.

Misuse of power? – AFSPA has been implemented in many states and revoked in the due course of time from many states till date. There have been a number of instances of misuse of the power provided by virtue of the Act.  According to the Extra Judicial Execution Victim Families Association (EEVFAM) – the petitioner in the present Supreme Court case – and human rights activists, such a huge number of killings took place in Manipur due to the shield provided by the AFSPA. Noted activist Irom Sharmila led long Gandhian battle against AFSPA .  The three civilians of Baramulla (J&K) were shot by Indian army at Machil sector in Kupwara district of J&K on 30th April, 2010 and were framed as ‘foreign militants’. However, later with the protest and inquiry, it was established that these persons were civilians and were called by the army to provide them jobs of porters and later were killed in a staged encounter. On 29th May 2009 in Shopian (J&K), two women named Aasia and Neelofar went missing from their orchard on their way back to home. Their dead bodies were found the next day. The people alleged that it was a case of murder and rape by security forces that were camped nearby.

The J.S. Verma committee while looking into legal reforms related to violence against women called for a review of the AFSPA. The committee noted that “impunity for systematic or isolated sexual violence in the process of internal security duties is being legitimised by the AFSPA” and “women in conflict areas are entitled to all the security and dignity that is afforded to citizens in any other part of our country”. While implementation, the Central government had taken into consideration many of the Verma committee suggestions and adopted the recommendations subsequently in an Anti-Rape bill. But, sadly, it left out the suggestions related to AFSPA. As per the criticisms to AFSPA, we know that there is a need to take some steps towards the prevention of misuse of the Act so that the purpose behind the enactment of the Act is not defeated. Reviewing the Act and making modifications to it is the need of the hour to stop atrocities against women, perpetually happening in the areas where AFSPA prevails.

In my opinion AFSPA should remain in all disturbed areas provided there must be a strong supervision in delivery of these powers by army.

[ 550 Words ]

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