The Armed Forces (Special Powers) Act AFSPA, 1958 empowers armed forces operating in areas declared as “disturbed areas” to undertake certain actions beyond ordinary police powers.
The law was initially introduced in the context of insurgency in the Naga Hills and Assam.
Under Section 3, an area can be declared disturbed when the authorities consider it necessary because of serious internal security challenges.
What Powers Does AFSPA Confer?
Once AFSPA is applicable, authorised personnel can:
- Use force, including lethal force, in specified circumstances against persons violating prohibitory orders.
- Arrest without a warrant.
- Search premises without a warrant.
The Act also provides legal protection to personnel. Proceedings against them for acts carried out under AFSPA require prior sanction of the Central Government.
These exceptional powers and safeguards against prosecution have made AFSPA a subject of continuing public and constitutional debate.
Who Can Declare an Area “Disturbed”?
Both the Central and State Governments can declare an area disturbed under Section 3.
The present application therefore varies across the Northeast. MHA issues notifications for Manipur, Nagaland and parts of Arunachal Pradesh, while Assam issues its own notification.
AFSPA has been completely withdrawn from Tripura, while it was removed from Meghalaya in 2018. Jammu and Kashmir is governed by a separate AFSPA, 1990.
AFSPA in Manipur
AFSPA had gradually been reduced in Manipur before the 2023 violence. It was withdrawn from Imphal municipal areas in 2004 and from several Valley police-station areas between 2022 and 2023.
Following the ethnic violence beginning on 3 May 2023, its application expanded again. In November 2024, MHA reimposed AFSPA in areas covering six police stations across five districts.
The latest notification covers the entire state except 13 police-station jurisdictions in five Valley districts.
Why Does AFSPA Continue in Nagaland and Arunachal Pradesh?
In Nagaland, its continuation has been linked to armed insurgency and the unresolved Naga political issue. Peace negotiations involving groups including NSCN-IM and the Naga National Political Groups (NNPGs) remain an important background factor.
In Arunachal Pradesh, AFSPA continues mainly in Tirap, Changlang and Longding and selected areas adjoining Assam, where security concerns have persisted.
Conclusion
AFSPA in the Northeast reflects the continuing challenge of balancing national security, counter-insurgency requirements and civil liberties. Its geographical expansion or withdrawal has generally followed changes in the security situation, making periodic review and assessment an important aspect of its implementation.
FAQs: AFSPA
What is AFSPA?
The Armed Forces (Special Powers) Act, 1958 (AFSPA) is a law that grants certain special powers to the armed forces in areas declared as “disturbed areas” due to serious internal security challenges.
What powers does AFSPA provide to the armed forces?
Under AFSPA, authorised personnel can, in specified circumstances, use force, arrest without a warrant and search premises without a warrant. Prior Central Government sanction is required for prosecution for acts done under the Act.
Who can declare an area as a “disturbed area” under AFSPA?
Both the Central Government and State Government can declare an area disturbed under Section 3 of AFSPA.
Where is AFSPA currently applicable in the Northeast?
According to the article, AFSPA has been extended from 1 October 2026 in parts of Manipur, Nagaland and Arunachal Pradesh. Its application varies by state and district based on security conditions.
Why is AFSPA controversial?
AFSPA involves a balance between national security, counter-insurgency requirements and civil liberties. Its special powers and legal protections for personnel have made its continued application a subject of constitutional and public debate.
