AFSPA Full-form- What is the Full Form of AFSPA?

AFSPA full form is Armed Forces Special Powers Act and is a program formulated on September 11, 1958 by the parliament to give special powers to the armed forces in “distributed areas'. The main objective of this program is to maintain law and order in locations marked as “distributed areas''. At present the Act is functionable in almost 4 states, 31 districts and  partially operational in12 districts in the Northeast-East parts. There are few states that provide special powers to the armed forces including Jammu & Kashmir, Manipur, Nagaland and Arunachal Pradesh. Read our article to get a deeper understanding of AFSPA and in case you are appearing in IAS then give special relevance to this topic. 

What is AFSPA Full Form?

The full form of AFSPA is Armed Forces Special Power Act which was established to grant special powers to the armed forces in distributed places. According to the Act, central police forces or the army can warn or even open fire in case they find any individual committing a cognizable offense in the "distributed area". AFSPA turns active whenever India’s territorial integrity is compromised. 

Now, as far as the distributed area is concerned, it refers to places where people are differentiated based on religion, caste, language and race. Well, only a center has the right to declare a location as “distributed” earlier this power resided with the states. 

Disruption of peace and resilience in the Northeastern part of India has always proved a worrisome issue for national integrity hence AFSPA helped in fostering security and harmony to end the insurgency. 

Overview on AFSPA

History of AFSPA in Pre & Post-Independent India

AFSPA is perhaps the most controversial law existing in India since the British raj. It was first promulgated by the Britishers to suppress the Quit India Movement in 1942. With the launch of Quit India, large-scale violence became prevalent in various locations across India, and leaders like Mahatma Gandhi, VB Patel and Jawaharlal Nehru were imprisoned. To curb the mass violence, the Viceroy of pre-independent India enforced the armed forces ordinance in 1942. 

Based on this ordinance the Indian government initiated four ordinances in 1947 for managing unrest as a result of partition in four provinces including East Bengal, Assam, United provinces and West Bengal.

In post-independent India, three acts were enacted under the Armed Forces Special Power Act 1958, which have been mentioned below.

1. AFSPA for ASSAM & Manipur 1956

AFSPA’s first trace is found in the Assam region to combat the Naga insurgency. The NNC (Naga National Council) claimed that they conducted a free and fair plebiscite, and almost 99% of Nagas voted for a sovereign nation. However, in 1952 the first election got boycotted which had its effect even in government forces and schools. 

As the situation worsened, the state government enforced the Assam Disturbed Act 1955 thereby offering a legal framework for both state police and paramilitary bodies in combating mass violence in Assam. However, the government couldn’t stop the Naga rebellion from forming a parallel government in 1956. The Armed Forces Special Power Act (AFSPA full form) Act gave special power to the administrator of a state to declare areas as distributed.

2. AFSPA In Punjab & Chandigarh 1983

The AFSPA was enforced in the states of Chhattisgarh and Punjab by the central government to enable the central armed forces to function in the two states that were revolting against the Khalistan movement in 1980. As far as the terms or regulations of the Act is concerned, it remained similar to the AFSPA in Assam. However, two sections were included that were absent in the Assam act, that include subsection (e) that stated any vehicle can be searched and stopped in case found suspect of carrying ammunition. Another relates to section 5 which specifies that an armed officer got the power to break open any lock.

3. AFSPA in Jammu & Kashmir 1990

In 1990 AFSPA, full form of which is Armed Forces Special Power Act, was enforced in Jammu & Kashmir to combat insurgency. This Act was liable to be imposed in situations when any part of the state faces danger. Jammu and Kashmir have their own DAA or Distributed Areas Act imposed in 1992 that falls under separate legislation. In 1998, with the lapse of DAA, the government made it clear that this state will be considered distributed under section 3 of AFSPA.

Studying the Important Provision Under the AFSPA Act 

The Armed Forces Special Powers Act (AFSPA full form) functions on certain key features and provisions are set under the Act to highlight the power given to armed forces.

• The security forces have the power to conduct search operations, and arrest without any warrant if they sense any activity that might hinder the peace and integrity of “distributed areas”.
• According to norms included in this Act, the central government can declare any area lying within India's subcontinent as distributed if they find the presence of terrorist or anti-social activities that might pose threat to the nation's integrity.
• On finding any inappropriate material carried by any individual, it is the responsibility of the security forces appointed to distribute the region to send them to police custody.
• As per section 3 of AFSPA, if a state governor sends an official notification to the Gazette of India, the central government can deploy armed personnel to help the civilian authorities. After a region comes under a distributed area, it is necessary to maintain 3 months of status quo according to the DAA Act 1976.
• Section 4 of this Act clearly states the power bestowed upon armed force personnel. According to it, an army officer has the right to open fire at people violating the law or held as suspects. But before firing at any suspect or convict, an officer must warn them.

Criticisms Associated with the Implementation of the AFSPA Act

Though AFSPA was formulated to take charge of the rising tension in distributed areas, since its formation it has faced a lot of criticism. Let’s check them out.

Violates Fundamental Rights

The AFSPA empowers armed forces to take actions that clash with Article 22 of fundamental rights. Armed forces are allowed to conduct arrests without a warrant somehow so against fundamental rights given to every Indian citizen. The Supreme court clarified that convicts or suspects arrested by the armed official must be presented in court within 21 hours.

Incompetent To Protect Human Rights

This Act takes a militarized approach which has proved counterproductive and pretty challenging to maintain security. If we take the instance of custodial rape and killings in the case of Thangjam Manorama in 2004, we find AFSPA incompetent in safeguarding human rights.

Power Misuse by Armed Forces

Armed Forces Special Power Act (AFSPA full form) grants absolute power to the hands of armed forces who can arrest and shoot anyone they treat as a suspect. In some cases, army or paramilitary officers open fire at people without prior warnings which directly violates the fundamental right to life.