AFSPA Explained: Security Powers and Civil Liberties

AFSPA: SPECIAL SECURITY POWERS, INTERNAL SECURITY AND CIVIL LIBERTIES

Why in the News?

The Union Ministry of Home Affairs has extended the Armed Forces (Special Powers) Act, 1958 (AFSPA) for another six months from October 1, 2026, across specified areas of Manipur, Nagaland and Arunachal Pradesh, amid continuing security concerns and insurgency-related challenges.

AFSPA Explained: Security Powers and Civil Liberties

AFSPA PROVISIONS AND SCOPE OF APPLICATION

  • Disturbed Areas: Under Section 3, the Central or State Government may declare an area as “disturbed” when armed forces are considered necessary to assist civil authorities.
  • Use Force: Section 4 authorises armed forces personnel to use force, including lethal force, under specified circumstances against persons violating prohibitory orders or threatening public order.
  • Arrest Powers: Personnel can arrest without warrant individuals reasonably suspected of committing certain offences or about to commit offences in a disturbed area.
  • Search Powers: Armed forces may enter and search premises without warrant and seize weapons or other relevant material under circumstances specified by the Act.
  • Legal Protection: Section 7 requires prior sanction of the Central Government before prosecution or legal proceedings against personnel for acts purportedly done under AFSPA.

AFSPA, FEDERALISM AND INTERNAL SECURITY

  • State Authority: Both Central and State Governments possess statutory authority under Section 3 to declare areas disturbed, creating an important dimension of Centre–State relations.
  • Manipur Trajectory: AFSPA had progressively contracted in Manipur before the May 2023 ethnic conflict, but deteriorating security conditions subsequently led to its reimposition in several areas.
  • Regional Persistence: Its continuation in Nagaland and Arunachal Pradesh remains associated with insurgent activity, armed-group movement and unresolved security challenges.
  • Security Rationale: Supporters of AFSPA argue that extraordinary operational powers are necessary where armed forces confront insurgency and difficult internal-security environments.
  • Rights Debate: Critics focus on the combination of lethal-force powers, warrantless arrest and search, and prosecution safeguards, raising concerns regarding accountability and protection of fundamental rights.

AFSPA AND INTERNAL SECURITY IN INDIA

●      Historical Origin: AFSPA was enacted in 1958 against the backdrop of insurgency in the Naga Hills, subsequently becoming applicable to other parts of the Northeast.

●      Constitutional Context: Although AFSPA is an ordinary parliamentary statute, its operation intersects with fundamental rights, federalism, public order and national security.

●      Judicial Oversight: The Supreme Court has held that the declaration of a disturbed area and use of force under AFSPA are not beyond judicial scrutiny, despite the special powers granted.

●      Geographical Variation: AFSPA does not operate uniformly across India; its application has been withdrawn or reduced in several areas when governments assess that security conditions have improved.

●      Accountability Principle: The central constitutional challenge is maintaining an appropriate balance between operational effectiveness of security forces and accountability for alleged violations of civilian rights.