Government extends AFSPA in Manipur , Arunachal and Nagaland for 6 months
Bill and Act
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The Manipur state government has extended the Armed Forces( Special Powers) Act (AFSPA) 1958 provisions in all the police station areas of the state except 19, for a period of 6 months with effect from October 1, 2023.
Earlier the central government had extended the provisions of AFSPA 1958 in certain areas of Arunachal Pradesh and Nagaland on 26 September 2023 for a period of 6 months with effect from October 1 ,2023.
In the Naga People’s Movement of Human Rights v. Union of India, 1998 case Supreme court held that there shall be review of the declaration of disturbed areas by the government before the expiry of the six months . The present six months was to expire on 30 September 2023.
Extension of the provision in Manipur for six months
The notification issued by the Manipur government on 27 September 2023 stated that the Governor Anusuiya Uikey has approved the declaration of the entire state of Manipur except the 19 police station areas as disturbed areas.
Under the AFSA act 1958 the governor of the state has the power to declare the whole or part of a state as disturbed areas .
The provisions of the AFSP act 1958 is applicable only in the areas which have been declared as disturbed areas by the state governor or central government .
The police station areas where the Disturbed Areas Act has not been imposed are Imphal, Lamphel, City, Singjamei, Sekmai, Lamsang, Pastol, Wangoi, Porompat, Heingagng, Lamlai, Iribung, Leimakhong, Thoubal, Bishnupur, Nambol, Moirang, Kakchin and Jirbam.
Unrest in Manipur
Manipur has been engulfed in violence and arson since 3rd May 2023 after the Manipur High Court asked the government to include the dominant Meitei communities under the Scheduled Tribe category. It was opposed by the Kuki community leading to violence and arson between the two communities . Till date the situation in Manipur remains tense.
AFSPA extended in parts of Arunachal Pradesh and Nagaland
In a notification issued by the Union Ministry of Home Affairs on 26 September 2023 ,the central government has extended AFSPA in the whole of eight districts and in the areas of 21 police stations in five other districts of Nagaland for another six months.
In the case of Arunachal Pradesh, it has been extended in Tirap, Changlang, and Longding districts and in the areas falling within the jurisdiction of Namsai, Mahadevpur, and Chowkham police stations in Namsai district.
Armed Force(Special Powers) Act 1958
The Armed Force(Special Powers) Act 1958 was enacted in September 1958.
- It is applicable to the North-Eastern States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura.
- Under the act the state governor or the central government has the power to declare the whole or part of the state as a disturbed area .
- The security forces operating in the disturbed area acquire special powers including power to fire upon protesters or suspected persons.
- The provisions of the AFSP act are valid for a period of six months. However the government can extend the AFSA after every six months .
- The provisions of the AFSP act 1958 are very stringent . It was enacted to give special powers to the security forces to deal with insurgents groups operating in these regions. However the wide powers given to the security forces has also led to cases of human rights violations and excess .
