Centre Extends AFSPA In Nagaland For Six Months

The Centre on Thursday extended the Armed Forces Special Powers Act, 1958 or AFSPA in Nagaland for another six months, mentioning that the state is in such a “disturbed and dangerous condition” that the use of armed forces in aid of the civil power is necessary.

The announcement was made through a gazette notification issued by the Ministry of Home Affairs amid calls from the Northeastern state to withdraw it after the alleged botched security operation near Oting Village in Nagaland’s Mon district that left 14 civilians and one jawan dead on December 4.

“Whereas the Central Government is of the opinion that the area comprising the whole of the state of Nagaland is in such a disturbed and dangerous condition that the use of armed forces in aid of the civil power is necessary,” the notification said.

“Now, therefore, in exercise of the powers conferred by Section 3 of the Armed Forces (Special Powers) Act, 1958 (No.28 of 1958) the Central Government hereby declares that whole of the State of Nagaland to be ‘disturbed area’ for a period of six months with effect from December 30, 2021 for the purpose of the said Act,” it mentioned.

The Armed Forces Special Powers Act (AFSPA), 1958 provides certain special powers to a member of the Armed Forces in areas in the Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. The powers were also extended to forces deployed in Jammu and Kashmir as well.

Interestingly, the law was first introduced by the British to suppress the Quit India movement in 1942.

AFSPA confers special powers on the armed forces in areas deemed “disturbed”. In a ‘disturbed area,’ a military officer can fire upon an unlawful assembly of five or more people if the need arises or even for illegal possession of firearms.

Moreover, according to the law, no arrest and search warrants are required for any operation.

It also provides protection to persons acting under Act, which means ‘No prosecution, suit or other legal proceedings shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act’. (ANI)

AFSPA Needs Constant Reviews, Not Knee-Jerk Repeal

The recent case of December 5, 2021 where the security forces in Mon, Nagaland killed 13 innocent civilians in an ambush and subsequent unrest and resulting in death of a soldier, has renewed the demand for repeal of Armed Forces (Special Powers) Act -1958 or AFSPA. As per the presumably draconian act, Security Forces (including the para military forces of Assam Rifles and Rashtriya Rifles) and Central Police Organisations (CPOs) including BSF and CRPF, are given sweeping powers to search and seizure in civilian inhabited areas and arrest suspects without warrant for a limited period. Armed Forces can also open effective fire on terrorists or militants under this act.

AFSPA can only be applied by the Union Government where law and order has broken down and a defined area, district or the entire state has been declared disturbed, under the Disturbed Area Act, by the State Government. While the AFSPA gives special powers to the security forces and CPOs, the principle of minimum force and restraint is always exercised by commanders and troops at all levels. ‘One off’ actions like the incident at Mon happen due to the lack of judgment, scanty knowledge of the ground, and inept training at the junior level, and the actions by erring members of security forces never go unpunished.

Most of the areas where the Disturbed Area Act has been applied, fall in border areas wherein trans-border or trans-Line of Control (LoC) movement takes place with connivance of security forces of Pakistan, China and Myanmar. Immunity for acts of murder, rape, kidnapping, arson, looting or drug trafficking is not given under this Act to any security forces under the AFSPA; as is widely misunderstood by a section of the society. Because the security forces in these border areas have to intercept armed infiltrating and exfiltrating groups in real time, immunity to take action against such groups is covered under AFSPA.

In practice, invariably, the security forces are accompanied by local civil police who are handed over the captured terrorists, militants, suspects, weapons, ammunition and dead bodies after the encounters. Utmost care is taken to use minimum force against such terrorist or militant in order to avoid collateral damage. However, if some unfortunate collateral damage takes place in conduct of bona fide duty, then the security forces who had operated in good faith are immune from being apprehended by the civil police and tried by civil court. However, the actions of troops are scrutinised under the Army Act and departmental disciplinary action is taken against defaulting service persons without delay; in pursuit of justice for the innocents, as per the law of the land.

The AFSPA is required to defeat the machinations of the adversaries who sponsor proxy war on our borders in a bid to destabilise the Indian state. AFSPA has also been applied in counter insurgency operations in hinterland in our Northern and North Eastern States of J&K (now Union Territory), Punjab, Nagaland, Manipur, Assam, Tripura, Mizoram and Arunachal Pradesh. Without the legal shield provided by AFSPA, the security forces would be hesitant to take offensive actions against the armed insurgents and those groups may continue to operate with impunity.

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However, utmost care has to be taken to ensure fire is not opened on innocent civilians and warning and restraint need to be exercised. Normally, the security forces only open fire in self defence when the terrorists open fire on to them from the opposite direction or from a flank. This restraining action also ensures that innocent civilians are not targeted. The life of an active terrorist or militant is not more than an year after he starts indulging in violent actions against the population, civil police or security forces. Therefore, if the information about the movement of terrorists is not confirmed, they are given the benefit of the doubt with the hope that they will fall in the hands of the security forces if they continued perpetuating violence in the society.

An issue related to continuity of AFSPA in some border states is the state and quality of the civil police in that state. Due to coercion or sympathy for the terrorist groups, who may be seen as freedom fighters by a section of the local population, a portion of the civil police invariably gets compromised and may not be acting in the interest of the Indian State. There is a dire need for police reforms in the country wherein politicians are stripped from the powers of employing the civil police as per their whims and fancy resulting in employment of overwhelming strength of the police force only on protection of the VVIPs leaving a small portion of the force to do the extended police duties for the common man.

Whereas the need to have AFSPA is paramount for security forces operating in difficult terrain against armed groups in border areas, its continuation in hinterland in less disturbed areas needs to be constantly reviewed and the act should be lifted wherever semblance of normalcy start showing up. The Act was lifted from Punjab after about ten years of its imposition once the state dramatically returned to normalcy in 1995. Similarly, in the North East, the law has been lifted from Tripura and Meghalaya but continues to be applied in Nagaland from 1958 onwards. There is a case for identifying less threatened areas of Nagaland and Manipur and lift the Disturbed Area Act and AFSPA from those areas. The state governments and security forces need to be dynamically reviewing the situation every three to six months to decide if a particular area needs to be removed from the listed Disturbed area so that AFSPA is no more applicable in that area.

(Lt Gen Ike Singha was on the Kashmir desk in Military Operations Directorate from 1993 to 1997)

AFSPA No Longer Relevant In North-East

A day after the Indian armed forces ambushed and killed 17 coal miners in Nagaland’s Mon district on December 4 in what was stated to be a case of mistaken identity during a counter-insurgency operation, a friend sent me this link to a song by a Manipuri band called Imphal Talkies and the Howlers. If you listen to the song, the words are:

“AFSPA, why don’t you go fuck yourself?
Don’t you have brothers?
Don’t you have commanders?
Don’t you have captains?
Why don’t you go fuck them all?
Why don’t you go Kill them all?
Tidim Road is still bloody
And the air smells of gunpowder
And from my windows I can see only widows
And mama don’t want me to sing such songs.
So please please leave
AFSPA, why don’t you go fuck yourself?”

The song dates back to 2016 but the sentiment expressed in it is still strongly alive and widespread through the north-eastern region of India: Manipur, Nagaland, Arunachal Pradesh and parts of Assam. AFSPA or the Armed Forces (Special Powers) Act is hated almost universally in the region. But what exactly is AFSPA?

The origins of AFSPA (like hundreds of Indian laws) date back to the days of the British Raj. In 1942, in an attempt to quell the spread of the Quit India movement, the British colonial government that ruled India promulgated the Armed Forces Special Powers Ordinance. Later, in 1948, to stem the rioting and violence that erupted because of the Partition of India, four ordinances, modeled on the one from 1942, were promulgated to cover four regions, Assam, West Bengal, East Bengal, and the United Provinces. These areas were declared as disturbed and the armed forces were empowered specially to operate there.

After the mid-1950s when the Naga rebellion gathered momentum and a parallel Naga nation was declared, another law was passed. The Naga rebellion (or, as it is officially called, insurgency) was quelled but the act remains in force, validated by regular extensions. This is the AFSPA that (after several amendments) still exists in the area.

To put it in perspective, region-specific special powers were also granted to armed forces in Punjab and Chandigarh in 1983 to combat the rising separatist movement there but the act was repealed after 14 years in 1997. In 1990, a similar act was promulgated in the Jammu and Kashmir region after the spate of unrest and terrorism began growing in the region. AFSPA is still in force in J&K. As it is in the North-East.

In the North-East, almost universally, AFSPA is considered an excessively harsh and severe law that is prone to abuse by security and armed forces. It gives the armed forces the authority to use force or even open fire after warning a person found to be in contravention of the law. In the case of the unarmed Naga miners who were gunned down, interviews with survivors reveal otherwise. The Indian Express published interviews where survivors said they were not signaled to stop nor warned before the forces opened fire.

AFSPA in the North-East has faced criticism for a while. The latest incident brings the issue back into the spotlight. AFSPA has militarized parts of India close to the borders–both in the east or in the west. This has already had adverse effects on civil life, living conditions and the economy in many of these areas. In the North-East where insurgency has been on a steady decline, many believe it is non-aggressive interventions that hold the key to normalizing the tension.

India’s north-east has its own share of problems. Many north-easterners face discrimination in other parts of India; industries have not been investing in the region; and social and cultural differences are often not acknowledged or appreciated by the rest of India. The public mood and opinion the region have suffered another setback with the recent horrific killings, which even the local police authorities have described as being “murders”. It is time now to review the provisions of AFSPA, at least in the North-East

How dangerous is Omicron?

Ever since a new variant of COVID-19 surfaced in South Africa, giving yet another never-ending twist to the ongoing pandemic, questions have arisen about how bad this new mutated version, named Omicron, could be. To be sure, there are no clear answers. At least, not yet. But there are some indicators of what the variant can do.

First, Omicron may be more easily spreadable. If the surge of cases in South Africa is indicative of anything it shows that Omicron could be more easily spread. As on December 9, in South Africa, records showed that the virus increased 255% in just a week. Although deep research into a very recent variant such as Omicron has not been done yet, epidemiologists believe that it can infect people with low immunity levels more than earlier variants of COVID-19 do.

Second, it has already been noticed that vaccinated people or those who have already been infected before by COVID can contract the variant more easily than the earlier mutations of the virus. 

Third, and there is a small nugget of hope here, is that the conditions that accompany infection by the virus may not be that severe. Although it may be too early to pass judgment about it, many patients infected by Omicron have shown milder symptoms than what happened with earlier variants.

While research continues into COVID and its several variants, the bottomline is that there is no substitute for abundant precautions against the spread of the virus: masks, social distancing, and vaccination. These may not offer 100% protection but till the elusive COVID-free world returns, these (often irritating) measures have to be prudently adopted.