Afspa: a Draconian Law Against Civilians or a Need for National Security?

AFSPA

a draconian law against civilians or a need for national security?

Imagining India Assignment Nikhil Aima Roll#: 20043

INTRODUCTION The Indian Armed Forces comprises, primarily, of the Army, Navy and Air Force. The President of India is the supreme commander of these forces which are responsible for the security and unity of the nation while defending it from external threats and violence. With a total force of over 4.7 million personnel, the Indian Armed forces are the fourth largest military force in the world. The Indian Army forms the land-based force of the Indian Armed Forces. With approximately 1,129,900 active and 960,000 reserve personnel, Indian Army is one of the largest standing armies in the world. Comprising of more than 80% of the country’s active defence personnel, the army is an all-volunteer force. Under the command of the Chief of Army Staff, the primary duty of the army is to ensure the unity of the nation and protect it from all threats and aggression, both internal and external. Along with this, army can also be requisitioned during natural calamities to conduct rescue operations or to cope with internal threats/disturbances within the borders of the country. Indian army is also an active participant in several United Nations peacekeeping missions in countries such as Lebanon, Namibia, Liberia, Cyprus, Angola, Mozambique, Congo, Cambodia, El Salvador and Vietnam.

WHAT IS AFSPA? Armed Forces Special Powers Act (or AFSPA) is a law that was passed by the Parliament of India on September 11, 1958. It is a law that contains only six sections which grant special powers to the armed forces granting them impunity from all activities conducted in ‘disturbed’ areas. On August 15, 1942 The Armed Forces Special Forces Ordinance of 1942 was promulgated by the British to supress the Quit India Movement. Along these lines, four ordinances – the Bengal Disturbed Areas Ordinance, the Assam Disturbed Areas Ordinance, the East Bengal Disturbed...