ARMED FORCES SPECIAL POWERS ACTS (AFSPA) IN LIGHT OF THE HUMAN RIGHTS CRY IN NORTHEAST INDIA
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DOI:
https://doi.org/10.55662/Abstract
Draconian law or not? The debate on the Armed Forces Special Powers Acts (AFSPA) is a boiling topic in India throughout the progressive years to this date, with less bewilderment it is not hard to see why such a situation exists. The history dates back to the year 1942, wherein the Armed Forces Special Powers Ordinance 1942 was given effect to by the Britishers for subduing the Quit India Movement. The ordinance conferred special powers on the armed forces, by virtue of section 2(2) which runs as “the use of force against any person in obedience…. shall include power to arrest and take into custody such person… use of such force as may be necessary, even to causing of death, in order to effect such arrest.” Section 4 of the ordinance in addition provides protection to those acting under the ordinance. The act applied to Darjeeling district, Vjzianagram, Pallavaram in addition to the new states of Manipur, Tripura and Vinya Pradesh as well as a few union territories.
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