ARMED FORCES SPECIAL POWERS ACT-VIOLATION OF HUMAN RIGHTS UNDER THE INDIAN CONSTITUTION
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https://doi.org/10.55662/Abstract
“It takes us a long time to raise our children. Then, when they grow up, they are shot. This cannot go on. We no longer want to look for our children in the morgue.
—Yumlembam Mema, women’s rights activist in Manipur”.
The Armed Forces (Special Powers) Act, 1958 is the oldest, most arbitrary legislations which exists in India. Its origin is the British colonial ordinance which was initially intended to begin the Indian independence movement. The Special Forces are given, under this act, unlimited powers that are unrestricted, once there is a declaration of insurgency, for carrying out their operations. In order to maintain public order and safety, on mere suspicion, even a non- commissioned officer has the power to shoot and kill
The armed forces, in the name of “aiding civil power” are given wide rights to shoot, search and arrest. It was earlier applicable to the North Eastern States only i.e. Assam and Manipur, but was extended even to Tripura, Meghalaya, Arunachal Pradesh, Mizoram, Nagaland. There has been countless incidents after the enforcement of AFSPA regarding detention, torture, rape, looting and arbitrary acts in the North Eastern States by such Armed Personnel. This particular legislation has always been defended and supported by the Government of India itself by contending that it is to prevent the North Eastern states from seceding away from the Union of India.
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