Supreme Court verdict in 2016
- The Supreme Court rejected the government’s disagreement that any restriction on AFSPA forces can demoralize the security forces.
- The power given to the AFSPA Armed Forces that No prosecution or legal proceeding can be carried out (except with the previous sanction of the Central Government) against them for any form of activity while exercising their powers was gibed even by the Court.
- Thus, The Supreme Court 2016 judgment states “It doesn’t matter whether the victim was a common person or a militant or a terrorist, nor does it matter whether the aggressor was a common person or the state. The Law is the same for both and is equally applicable to both…. This is the requirement of a democracy and the requirement of preservation of the rule of law and the preservation of individual liberties.” Categorically the Court dismissed the government’s argument.
Armed Forces Special Powers Act 1958 (AFSPA)
It is an act of the ‘Parliament of India’ that grants special powers to ‘The Indian Armed forces’ to maintain public discipline in disturbed areas like:
- Areas with a high number of insurgencies
- Too much illegal border crossing takes place
- And these infiltrations are causing anti-state activities
It gives extensive powers to the Indian Armed Forces. They are given the following permission:
- To arrest any individual without warrants on suspicion.
- Destroy hideouts from where armed attacks are being launched or arms dumps or fortified areas or any arms training is carried out.
- Open fire, which may even cause death, against any person who is causing .hindrance to the law or possesses arms and ammunition. However, it cannot be carried out without warning to the suspect.
- The Security forces must hand over the Suspect to the local police within 24 hours of detention.
- The armed forces cannot act as an independent body and must act in alliance with the District Administration.
- The most controversial power is that No AFSPA person can be put into any legal proceedings for any action taken under the act. Until or unless there is a previous sanction from the Central Government.