ARMED FORCES (SPECIAL POWERS) ACT, 1958 (AFSPA)

NEWS: AFSPA extended for 6 months from October 1, 2026 in parts of Manipur, Nagaland + Arunachal Pradesh.

BASIC FEATURES

  • Enacted in 1958 → deals with insurgency + serious internal security threats.
  • Applies to “disturbed areas”.
  • Section 3 → declaration of disturbed area.

SPECIAL POWERS

  • Use of force → including force causing death, under specified conditions.
  • Arrest → without warrant, under prescribed conditions.
  • Search → premises without warrant, under specified conditions.
  • Legal protection → prior Central Government sanction required for prosecution for covered acts.

DISTURBED AREA

  • Declared by Central Government or State Government, as applicable.
  • Notification may be issued by Governor / Administrator of Union Territory / Central Government.

PRESENT APPLICATION

  • Manipur → most areas, with specified exclusions.
  • Nagaland → parts affected by insurgency + unresolved Naga political issue.
  • Arunachal Pradesh → Tirap, Changlang, Longding + specified areas of Namsai.
  • Tripura → withdrawn in 2015.
  • Meghalaya → revoked in 2018.
  • Jammu and Kashmir → separate Armed Forces (Special Powers) Act, 1990.

HISTORY

  • 1958 → Naga Hills uprising → later extended to other insurgency-affected areas.

KEY CONCERNS

  • National Security ↔ Human Rights
  • Security powers ↔ Accountability
  • Central authority ↔ Federalism