Published on: December 7, 2021

ARMED FORCES (SPECIAL POWERS) ACT (AFSPA)

ARMED FORCES (SPECIAL POWERS) ACT (AFSPA)

NEWS

Nagaland CM calls for scrapping of AFSPA

ABOUT AFSPA

Gives armed forces

  • Power to maintain public order in “disturbed areas”
  • Authority to prohibit a gathering of five or more persons in an area
  • Can use force or even open fire after giving due warning if they feel a person is in contravention of the law
  • If reasonable suspicion exists
    • can also arrest a person without a warrant
    • enter or search premises without a warrant
    • ban the possession of firearms.

DISTURBED AREA

  • One which is declared by notification under Section 3 of the AFSPA
  • Area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
  • The Central Government, or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.