What is Armed Forces (Special Powers) Act, (AFSPA )1958?

• Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in disturbed areas.
• AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
• The Act further provides that if reasonable suspicion exists, the armed forces can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms.

What are the Special Powers?

• Power to use force: including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
• Power to destroy structures: used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
• Power to arrest: Without warrant and to use force for the purpose;
• Power to enter and search premises: without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

Reason for the decision

• Improved security: The decision was taken due to a significant improvement in the security situation in Northeast India.
• Decrease in Violence: The prevalence of insurgencies in almost all states in the Northeast may arguably have necessitated the imposition of AFSPA in the past. Statistics suggest that violence in the region has been on the decline. The MHA cited a reduction of 76% in extremist incidents, 90% decrease in deaths of security personnel and a 97% decrease in civilian deaths since 2014.
• Negotiations with Rebel Groups: The government has negotiated peace with rebel groups in the region, including NSCN-IM, Ulfa, Bodo, and Dimasa groups, with some success.
• Peace accords: The Mizo rebels, who signed a peace accord in 1986, joined electoral politics and won office. The Tripura government successfully negotiated with the insurgency and got AFSPA removed in 2015. The government must continue to engage with rebel groups to maintain peace in the region.

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