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Assam government declared the entire state as a “Disturbed Area

  • Posted By
    10Pointer
  • Categories
    Polity & Governance
  • Published
    4th Mar, 2022

Context

The Assam government has extended the contentious Armed Forces (Special Powers) Act, 1958 (AFSPA) in the state for six more months.

Key-points

  • The notification came into effect from February 28. 
  • It was announced under the Armed Forces Special Powers Act (AFSPA).
    • The AFSPA empowers security forces to conduct operations anywhere and arrest anyone without any prior warrant, was imposed in Assam in November 1990. 
  • Initially, it was the Assam Disturbed Area Act of 1955 during the agitation by Nagas in undivided Assam. 
  • This Act gave freehand to some extent to the Army that was repealed with the incorporation of the Armed Forces (Special Power) Act, 1958. 
  • AFSPA was imposed in Assam in November 1990 and has been extended every six months since then after a review by the government.

About Armed Forces Special Powers Act (AFSPA)

  • The Armed Forces Special Powers Ordinance of 1942 was imposed by the British colonial government on 15 August 1942 to suppress the Quit India Movement.
    • After Independence, the Ordinance was invoked by the Indian government to deal with the internal security situation which emerged due to the Partition of India. 
  • Article 355 of the Constitution of India confers power to the Central Government to protect every state from internal disturbance.
  • Armed Forces Special Powers Act (AFSPA) was enacted by the Parliament in 1958.
  • The Act grants special powers to the Indian Armed Forces to maintain public order in "disturbed areas". 
    • AFSPA to be enacted only when a state, or part of it, is declared a 'disturbed area'.
  • According to the Disturbed Areas (Special Courts) Act, 1976 once an area is declared as 'disturbed', it remains under the category for a minimum of 6 months.
  • In 1958, it was 1st made applicable to the Naga Hills, then part of Assam. 
    • Then one by one, it expanded to other parts of Assam, Nagaland, Manipur, and Arunachal Pradesh.
  • In 1983, the law was extended to Punjab and Chandigarh, but it was withdrawn in 1997.
  • In 1990, it was applied to Jammu and Kashmir and has been in force since.

Verifying, please be patient.