Relevance: GS-3: Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges.

Key Phrases: AFSPA, disturbed areas, NSCN, secessionist, reasonable suspicion, public order, nationalist movements, Naga National Council.

Why in News?

• The Centre recently reduced the footprint of the Armed Forces Special Powers Act (AFSPA), 1958 in the Northeast, withdrawing it entirely from 23 districts in Assam; and partially from seven districts in Nagaland, six districts in Manipur, and one district in Assam.

Background

• When the Naga nationalist movement kicked off in the 1950s with the setting up of the Naga National Council - the predecessor of the NSCN - Assam police forces allegedly used force to quell the movement.
• As an armed movement took root in Nagaland, AFSPA was passed in Parliament, and subsequently imposed on the entire state.
• In Manipur, too, it was imposed in 1958 in the three Naga-dominated districts of Senapati, Tamenglong and Ukhrul, where the (Naga National Council) NNC was active.
• It was imposed in the 1960s in the Kuki-Zomi dominated Manipur district of Churachandpur, which was under the sway of the Mizo insurgent movement, and extended to the rest of the state in 1979, when groups in the Meitei-dominated Imphal Valley groups began an armed insurgency.
• As secessionist and nationalist movements started sprouting in other Northeastern states, AFSPA started being extended and imposed.

Why is the Decision Significant?

• AFSPA, which has been called draconian, gives sweeping powers to the armed forces.
• It allows armed forces to open fire, even causing death, against any person in contravention to the law or carrying arms and ammunition, and gives them powers to arrest individuals without warrants, on the basis of “reasonable suspicion”, and also search premises without warrants.
• It can be imposed by the Centre or the Governor of a state, on the state or parts of it, after these areas are declared “disturbed’’ under Section 3.
• The Northeast has lived under the shadow of AFSPA for nearly 60 years, creating a feeling of alienation from the rest of the country.
• The move is expected to help demilitarise the region; it will lift restrictions of movements through check points and frisking of residents.
• It will also help the centre calm the anger over the Mon killings in Nagaland.

Reasons for Withdrawal of AFSPA

The decision has come as the result of a combination of circumstances.

1. Reduction in Insurgencies
   • Over the last two decades, various parts of the Northeast have seen a reduction in insurgencies, some of them up to 60 years old.
2. Major groups are already in talks with centre
   • A number of major groups were already in talks with the Indian government, and these talks received traction during the current regime.
   • In Nagaland, all major groups the NSCN (I-M) and Naga National Political Groups (NNPGs) are at advanced stages of concluding agreements with the government.
3. PIL on extrajudicial killings
   • In Manipur, insurgency as well as heavy militarisation have been on the decline since 2012, when the Supreme Court started hearing a PIL on extra-judicial killings.
4. Improved security situation
   • Reduction in areas under AFSPA is a result of the improved security situation and fast-tracked development due to the consistent efforts and several agreements to end insurgency and bring lasting peace in North East.

   

Are There any Checks and Balances?

• While the Act gives powers to security forces to open fire, this cannot be done without prior warning given to the suspect.
• It says that after apprehension of suspects, the security forces have to hand them over to the local police station within 24 hours.
• It says the armed forces must act in cooperation with the district administration and not as an independent body.

Positions of State Governments on the Law

• While the Act gives powers to the central government to unilaterally take the decision to impose AFSPA, this is usually done informally in consonance with the state government.
• The Centre takes its decision after having received a recommendation from the state government. There have been instances where the Centre has overruled the state, such as the imposition of AFSPA in Tripura in 1972.
• The fight to repeal AFSPA has largely been driven by civil society groups. Until the Oting firing, no state government had openly demanded the repeal of AFSPA from their states.
• After Oting, the Nagaland Assembly passed a resolution for the first time for repeal of AFSPA. Three chief ministers - Neiphiu Rio of Nagaland, N Biren of Manipur, and Conrad Sangma of Meghalaya - have demanded its repeal.

Conclusion

• It is high time that sincere and concerted efforts are made continuously by the — civil society, the Armed Forces, the States and the Government of India to find a lasting and peaceful solution.
• It is never too late to bring peace and harmony in the society which had faced so many problems in the past.

Source: Indian Express

Mains Questions

Q. What is AFSPA? Why decision to withdraw AFSPA from parts of northeast is significant? (250 Words).