ARMED FORCES SPECIAL POWERS ACT- A NEED AND NOT A WEED
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DOI:
https://doi.org/10.55662/Keywords:
insurgency, special powers, disturbed area, misuseAbstract
The Special Power Act was the brain child of British India. It was enacted to discourage many of the rebellious activities of freedom fighters at the time of independence. Many of the Indian Leaders were imprisoned under the Act including Mahatama Gandhi, Pandit Jawahar Lal Nehru and leaders of National Congress for destructing police offices, railways and telegraph lines. Even after independence, the continuity of insurgent strikes by rebellions led to the formation of Armed Forces Special Act in 1958 for Naga Hills, in 1983 for Punjab and Chandigarh and in 1990 for Jammu and Kashmir. The Act has been criticised for its arbitrary and draconian provisions. Pleas have been made to repeal this Act. In this paper an attempt is made to see whether the Act is arbitrary as alleged and whether it should be continued despite various oppositions.
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