The Union Home Ministry has extended the Armed Forces (Special Powers) Act (AFSPA) for six more months in several districts of Nagaland and Arunachal Pradesh, effective from October 1, 2024. Under Section 3 of AFSPA, these areas are classified as \”disturbed\” to facilitate military operations in maintaining public order. The districts in Nagaland affected include Dimapur, Mon, Peren, and others, alongside specific police station jurisdictions in Kohima, Mokokchung, Longleng, Wokha, and Zunheboto. In Arunachal Pradesh, Tirap, Changlang, Longding, and parts of Namsai District remain under AFSPA. The extension follows a comprehensive review of the law and order situation in these regions. AFSPA grants the armed forces broad powers, including search, arrest, and use of force, if necessary, to maintain peace and security in these disturbed areas. The extension will remain effective until further orders or withdrawal based on future assessments.
Extension of AFSPA in Nagaland and Arunachal Pradesh: Context and Implications
The Armed Forces (Special Powers) Act (AFSPA) has been a central component of India\’s internal security apparatus, especially in regions marked by insurgency and instability. Recently, the Union Home Ministry extended the AFSPA for six more months in parts of Nagaland and Arunachal Pradesh. The notification, effective from October 1, 2024, covers eight districts in Nagaland and three districts, along with several police station jurisdictions, in Arunachal Pradesh. This decision follows a detailed review of the law and order situation in these northeastern states.
This extension highlights the continued challenges in these regions and underscores the government\’s reliance on AFSPA to maintain public order in \”disturbed\” areas. The decision also reaffirms the central government’s view that the law remains crucial for enabling the armed forces to operate effectively in areas with ongoing security concerns.
AFSPA: A Legal Overview
The Armed Forces (Special Powers) Act, 1958, often referred to as AFSPA, is a law that grants special powers to the Indian armed forces when deployed in \”disturbed\” areas. Under Section 3 of AFSPA, the central government, or the governor of a state, can declare any region as \”disturbed\” if it is deemed necessary to assist the armed forces in controlling law and order. Once an area is declared disturbed, AFSPA grants the armed forces wide-ranging powers, including:
– Power to Search: Without a warrant, security personnel can search any premises to apprehend suspected individuals or seize property that could be used for illegal purposes.
– Power to Arrest: The law allows for arrests without a warrant if a person is believed to be involved in an unlawful activity.
– Use of Force: Armed forces are authorized to use force, including lethal force, if necessary, to maintain public order and security.
– Immunity from Prosecution: The law also grants immunity to armed forces personnel from prosecution unless sanctioned by the central government, making them less accountable for their actions in these areas.
These sweeping powers are intended to help the armed forces tackle insurgency and unrest, but they have been the subject of significant controversy, especially with regard to human rights violations. The act has been enforced in various states, particularly in northeastern India and Jammu & Kashmir, for decades.
The Situation in Nagaland and Arunachal Pradesh
Nagaland and Arunachal Pradesh are two states in the northeastern region of India that have been grappling with insurgencies and ethnic tensions for decades. While insurgency-related violence has reduced in recent years, pockets of instability remain, especially in border areas and regions with a history of insurgent activity.
Nagaland:
Nagaland has a long history of insurgency, primarily led by various Naga nationalist groups seeking greater autonomy or independence. Though there have been significant peace initiatives, including ongoing talks with the National Socialist Council of Nagaland (NSCN) factions, the security situation remains fragile. Several insurgent factions still operate, and there are occasional clashes between security forces and insurgents. The presence of these armed groups, often with bases across the border in Myanmar, continues to pose a threat to peace and stability in the region.
The districts in Nagaland where AFSPA has been extended include Dimapur, Niuland, Chumoukedima, Mon, Kiphire, Noklak, Phek, and Peren. Additionally, areas within the jurisdiction of certain police stations in Kohima, Mokokchung, Longleng, Wokha, and Zunheboto districts have also been declared \”disturbed\” under AFSPA.
Arunachal Pradesh:
Arunachal Pradesh, which shares a long border with Assam and international borders with China and Myanmar, has also faced insurgency issues, though to a lesser extent than Nagaland. The districts of Tirap, Changlang, and Longding, along with areas falling under specific police stations in Namsai district, are known to be affected by insurgent groups operating across state and international borders. These areas often see the spillover of insurgent activities from neighboring Nagaland and Assam. Groups like the NSCN and United Liberation Front of Assam (ULFA) have been known to operate in these districts, creating a need for heightened security.
The recent extension of AFSPA in Arunachal Pradesh covers these areas, reaffirming the central government\’s stance that the law is essential to maintaining order and countering insurgent threats.
Reasons for the Extension
The extension of AFSPA in these areas is a response to persistent security challenges. Despite efforts to bring peace through negotiations and development initiatives, the northeastern region remains vulnerable to insurgent activity, ethnic violence, and cross-border threats. Some of the key factors driving the extension include:
1.Ongoing Insurgent Presence: Insurgent groups like the NSCN (IM), NSCN (K), and ULFA (I) continue to have a presence in these regions. These groups engage in extortion, attacks on security forces, and clashes with rival factions, contributing to the unstable security environment.
2. Cross-Border Issues: The porous borders with Myanmar and China make it easy for insurgent groups to move across borders, regroup, and carry out attacks in Indian territory. The difficult terrain and limited infrastructure in these areas further complicate security operations, necessitating the presence of AFSPA.
3. Law and Order Concerns: The northeastern region is prone to ethnic tensions and inter-community conflicts, which can flare up into violence. The presence of armed groups exacerbates these tensions, making it difficult for the state police to maintain law and order without the support of the armed forces.
4. Development and Integration Challenges: The central government has been pushing for economic development and integration of the northeastern states with the rest of India. However, the presence of insurgent groups and the fragile security situation continue to hinder these efforts. AFSPA is seen as a necessary measure to ensure the safety of developmental projects and personnel working in these regions.
Criticism of AFSPA
While AFSPA is seen as essential for maintaining security in disturbed areas, it has also faced intense criticism from various quarters, particularly from human rights activists, civil society organizations, and local populations in the affected regions.
1.Human Rights Violations: One of the most significant criticisms of AFSPA is the alleged human rights abuses committed by security forces under the cover of the act. Incidents of extra-judicial killings, custodial deaths, rape, and torture have been reported in regions under AFSPA. The immunity from prosecution granted to security personnel has often led to accusations of impunity.
2. Alienation of Local Populations: The imposition of AFSPA often leads to a breakdown of trust between the local population and security forces. Many residents of affected areas feel that they are being unfairly targeted, leading to feelings of alienation and resentment towards the central government.
3.Calls for Repeal or Amendment: Various national and international bodies, including the United Nations, have called for AFSPA\’s repeal or amendment, citing its potential for abuse. In India, committees such as the Justice Jeevan Reddy Committee have recommended either repealing or significantly amending the act to address concerns about human rights.
The extension of AFSPA in parts of Nagaland and Arunachal Pradesh for another six months highlights the enduring complexities of maintaining security and peace in India\’s northeastern region. While the act is viewed by the government as a critical tool for combating insurgency and maintaining public order, it continues to face criticism for the broad powers it grants to the armed forces and the potential for abuse.
The challenge going forward will be to balance security concerns with the need for greater accountability and respect for human rights. The ongoing peace talks with various insurgent groups and development efforts in the region offer hope for a future where AFSPA may no longer be necessary, but for now, its extension underscores the continuing volatility in these parts of India.
