AFSPA: A COMPARATIVE PERSPECTIVE IN INDIA
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Abstract
The AFSPA is one of the many special laws passed by the parliament provides policing responsibility to deal with the special situation of waging a war against the state. The reason of which the special laws go beyond the normal laws is that the state considers the existing legal framework is not enough to deal adequately with threats to the national security. At the same time, the legal security regime and defence mechanism of the state has violated the rights of the citizens conferred by the constitution by misusing the special powers. This paper is an attempt to comparative analysis of Armed Forces (Special Powers) Act, 1958 (AFSPA) and some of the special laws that existed in India are necessary to show the differences and similarities among them. The purpose of the study is to draw a conclusion for the better and more effective implementation of special laws in the country. It is to filter the negative aspects of the law and to keep the positive ones to serve the interest and welfare of the society. The republic of India adopted the colonial laws to suppress the rebellion and dissent that arose in north-eastern part of the country. The logic behind the act was to successfully solve the law and order problems through military means within the short span of time. Initially, the Armed Forces (Assam and Manipur) Special Powers Act, 1958 enforced as a temporary measures to deal with the Naga insurgency in the Naga Hills District of Assam including the three sub-divisions of the tribal hill areas in the then Union Territory of Manipur. The provision of the AFSPA which designated any specific areas as disturb or dangerous place is a unique legislation. The critiques of some of the rights bodies and civil society organizations describe it as discriminatory. In the following sections, the comparative analyses of these laws with brief elaborations have to be discussed.
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