ARMED FORCES LAW

A declaration by notification under Section 3 of the Armed Forces (Special Powers) Act (AFSPA) mentions a disturbed area. Section 3 can be imposed where the Government feels that the use of armed forces is necessary to help the civilians. The Central Government, or the Governor of a State, or the Administrator of a Union Territory may declare a whole State or a part of the Union Territory as a disturbed area. Disturbance in the area can be caused by disagreement among the members of different religions, races, castes, or communities. As per The Disturbed Areas (Special Courts) Act 1976, the disturbed area, after its declaration, must maintain the dignity quo for a period of a minimum of three months.

Usually, the Ministry of Home Affairs would enforce this, but there are certain exceptions where the Central Government may waive its power and leave the decision on the State Governments.

Article 355 of the Constitution of India gives power to the Central Government to protect every state of the country from internal disturbance.

HISTORY OF AFSPA

Ordinance of The Armed Forces Special Powers of 1942 was enforced by the British on 15th August 1942 to restrain the Quit India Movement. Based on this, four ordinances were proposed by the Central Government, namely- the East Bengal Disturbed Areas (Special Powers of Armed Forces), the Assam Disturbed Areas (Special Powers of Armed Forces), the Bengal Disturbed Areas (Special Powers of Armed Forces), and the United Provinces Disturbed Areas (Special Powers of Armed Forces) to deal with the situation of internal security in the country in 1947 which occurred due to the partition in the country.  

ORIGIN

Due to the increasing violence in the North-eastern region decades ago, which was out of the hands of the State Government, the Armed Forces (Special Powers) Act came into force. The Bill for the same was passed by both the houses and received President’s assent on 11th September 1958. It was known as the Armed Forces Special Powers Act 1958.

It is functional in the state of Nagaland, Assam, Manipur (excluding the seven constituencies of Imphal), and parts of Arunachal Pradesh. The Act was annulled in the State of Meghalaya on 1st April 2018. The state of Tripura withdrew the Act in 2015.

POWERS OF THE ARMED FORCES

AFSPA gives armed forces the power to maintain public decorum in disturbed areas. Some of the powers of the armed forces include-

1. Prohibiting five or more people to gather in an area
2. Use of force
3. Opening fire after giving sufficient warning (only if they feel that the person is violating the law)
4. Arresting a person without a warrant  
5. Entering and searching premises without a warrant
6. Banning the possession of firearms