AFSPA, a contentious law, has resurfaced in the aftermath of the Naga Op Killings.

AFSPA: The chief ministers of Nagaland and Meghalaya, both. BJP allies, are calling for the controversial AFSPA law to be repealed.

Explained: Controversial Law AFSPA, Back In Focus After Naga Op Killings

New Delhi: 

The massacre of Nagaland villagers in an Army ambush gone horribly wrong has brought the controversial. Armed Forces (Special) Powers) Act of 1958 back into the spotlight.

AFSPA: An Army operation to seek down rebels in. Nagaland‘s Mon region went off script on Saturday, killing 14 villagers and a soldier. According to the police report, the Army’s 21 Para Special Forces “blankly opened fire.”

The chief ministers of Nagaland and Meghalaya, both BJP allies, are calling for the Act to be repealed.

They’ve established a law-and-order scenario “Neiphiu Rio, the Chief Minister, stated.

What is AFSPA

The Armed Forces Special Powers Act (AFSPA) empowers. The military to preserve public order in “disturbed areas.” It gives the military the ability to use force or even open fire after.

For instance, A “disturbed area” is one in which “the use of armed troops to assist. AFSPA if there are differences or disputes between members of different religious, racial, language, or regional groups, castes, or communities.

The Act also permits the police to make an arrest and search a person’s home without a warrant.

Apart from Jammu and Kashmir, the controversial law is in effect in Nagaland, Assam, Manipur (except seven assembly constituencies in Imphal) and parts of Arunachal Pradesh.

The AFSPA also shields security forces from legal action unless the centre approves.

In addition, Nagaland police have filed a murder charge against the army unit, accusing them of “intent to murder.”

Its genesis

It arose in the aftermath of independence amid escalating violence in the northeastern states, which state administrations found difficult to regulate.

Therefore, “The Act is a symbol of hatred, injustice, and a tool of oppression,” it stated.

The Supreme Court concluded in 2016, in a rare intervention in a matter of internal security, that the military forces cannot avoid investigation for excesses committed in the course of their duty, even in ‘disturbed areas.’ In other words, the AFSPA’s legal protection cannot be total.

In all of these years, not a single army or paramilitary official or soldier has been charged with murder, rape, or property destruction.

The Army believes that if the rule is repealed, troops and officers will be hauled before civilian tribunals and frivolous cases will be made against them.

In 2015, Tripura repealed the AFSPA, while the Centre removed Meghalaya from the list in 2018, while limited its use in Arunachal Pradesh.

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