AFSPA in Arunachal Pradesh: The Central government on October 1, 2021, extended the Armed Forces (Special Powers) Act in three districts of Arunachal Pradesh by another six months. The government declared the three districts of Changlang, Longding, and Tirap in Arunachal Pradesh along with the areas that fall under the jurisdiction of Mahadevpur and Namsai police stations bordering Assam as ‘disturbed areas’ under Section 3 of the AFSPA Act in the wake of recent insurgent activities. The order issued by the Union Home Ministry will be effective from October 1, 2021, till March 31, 2022, unless withdrawn.
AFSPA in three districts of Arunachal Pradesh
Through a notification dated April 1, 2021, the Central Government by the powers conferred by Section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of 1958) had declared the three districts Changlang, Longding, and Tirap in Arunachal Pradesh and the areas under the jurisdiction of four police stations – two in Namsai district and one each in Lohit and Lower Dibang Valley districts of bordering Assam as ‘disturbed areas’.
However, for the first time in the order issued on October 1, 2021, the AFSPA will be lifted from Sunpura police station in Lohit district and Roing police station in Lower Dibang Valley district owing to the improved security situation.
AFSPA: Banned insurgent groups in Arunachal Pradesh
Banned insurgent groups such as the National Democratic Front of Boroland (NDFB), United Liberation Front of Assam (ULFA), and National Socialist Council of Nagaland (NSCN-K) are active in the Changlang, Longding, and Tirap districts in Arunachal Pradesh.
What is AFSPA?
AFSPA is the Armed Forces (Special Powers) Act, 1958, which gives armed forces the authority to control and maintain public order in areas or districts declared as ‘disturbed areas’.
The armed forces in those areas do not allow a gathering of five or more people in an area or ban the possession of firearms. They are vested with the power to use force or open fire after giving a warning if they find or believe a person is in violation of the law. On the basis of reasonable suspicions, the armed forces can arrest a person or search premises without a warrant.
How did AFSPA begin?
The Armed Forces (Special Powers) Act, 1958, came into force due to increasing violence in the Northeastern States almost decades ago when the State governments were unable to control the growing insurgency situation across their states.
The Armed Forces (Special Powers) Bill was passed in both the Houses of Parliament. The President of India gave the assent on September 11, 1958. Since then, the Armed Forces (Special Powers) Act, 1958, came into effect.
What is a disturbed area under AFSPA? Who declares a disturbed area?
An area is declared disturbed by a notification under Section 3 of the Armed Forces (Special Powers) Act, 1958, where the use of armed forces to aid civil authorities is necessary.
The power to declare an area (whole or part of the State or Union Territory) as ‘disturbed area’ under AFSPA is with the Central government, the Governor of the State, or the Administrator of the Union Territory. Usually, the Ministry of Home Affairs enforces the AFSPA where necessary.
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