WHAT IS AFSPA? In simple terms, AFSPA is a law which gives im | Military Choice

WHAT IS AFSPA?

In simple terms, AFSPA is a law which gives immense powers to armed forces to maintain rule of law in the “disturbed areas” declared by MHA. #GKbyMilitaryChoice

HISTORY:
Before Independence:

◦ The AFSPA was first enacted by the British as an ordinance in the backdrop of Quit India Movement in 1942.

◦ Shaken by the massive scale of violence across the country, the then Viceroy Linlithgow promulgated the Armed Forces (Special Powers) Ordinance, 1942.

◦ This Ordinance practically gave the Armed Forces a “license to kill” when faced with internal disturbances.

◦ On the lines of this ordinance, the Government of India promulgated four ordinances in 1947 to deal with internal security issues and unrest arising due to partition in four provinces Bengal, Assam, East Bengal and the United Provinces.

After Independence:
Parliament has enacted three different acts under AFSPA for different regions

1 Armed Forces Special Powers (Assam and Manipur) Act, 1958
◦ AFSPA was first enacted to deal with the Naga insurgency in the Assam region.
◦ It was later extended to all North-Eastern states.

2 Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983
◦ In order to enable the central armed forces to operate in the state of Punjab and the union territory of Chandigarh which was battling the Khalistan movement in the 1980s.
◦ As the Khalistan movement died down AFSPA was withdrawn in 1997.

3 Armed Forces (Jammu and Kashmir) Special Powers Act, 1990
◦ Enacted in 1990 in order to tackle the unprecedented rise in militancy and insurgency in Jammu and Kashmir.
◦ Implementation of AFSPA in J&K has become highly contentious but it still continues to be in operation.

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