“AFSPA, ” has a fury that cannot be dismissed. Comprised almost exclusively of incendiary footage, including acts of self-immolation, the. What sections of AFSPA are opposed by activists? Critically examine AFSPA, its history, uses, causes for its opposition, legal view of Courts. View AFSPA, ; Internal Security; National Security Research Papers on for free.

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To find out more, including how to control cookies, see here: You are commenting using your Facebook account. The KSU is now part of that bandwagon demanding its repudiation. History testifies things differently. Cong protests slow rescue operation in Meghalaya coal m Next Post Ram Jethmalani tears into Modi govt;denies having foreign account.

Special Committees Vs Special Laws. Notify me of new comments via email. A number of UN treaty bodies have pronounced afs;a to be in violation of International Law as well. Sandeep Pandey and many others.

And this solution is by no means a consensual one. Continued unrest, like in the cases of militancy and insurgency, and especially when borders are threatened, are situations where AFSPA is resorted to.

If these activities are unlawful activities according to you, then your whole struggle against British imperialism and colonization from to were also unlawful activities.

National Institute of Advanced Studies, Bangalore. But however hard India had tried to stamp out Naga nationalism and Naga Independence from the face of the earth, it has failed so far. Who then was disturbing who in that that 198 Indian Government was compelled to promulgate acts like Disturbed Area 158 and AFSPA to check law and order breakdown with tanks aero planes and artillery???

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Further, it studies the role of the state apparatus in not only failing to control insurgency but also in sustaining it through conditions of unemployment and inability to provide security to distinctive ethnic groups and the people in general.

Let’s Call a War by its Rightful Name.

Armed Forces (Special Powers) Act

A high-power commission headed by the retired Supreme Court judge, N. Armed in Northeast India: One of their women even resorted to hunger strike and went for a fast on to death for ten years. Considering the state of lawlessness prevailing in Garo Hills and the desire of the Chief Minister to declare certain parts of the district as disturbed areas facilitating the entry of the Army the talk could not have happened at a better time. This is where and why the AFSPA comes to bear – to legitimize the presence and acts of armed forces in emergency situations which have been deemed war-like.

Log In Sign Up. Retrieved 28 July In a civilian setting, soldiers have no legal tender, and are still bound to the same command chain as they would be in a war theater. The use of the Army within the territorial boundary of an independent country is fraught with problems. Very soon, more then six hundred Naga villages were burned to ashes and hundreds upon thousands of Nagas died from bullets, bombs, starvation and disease.

PBM Basaiawmoit speaking at the public consultation shocked the audience by skeptically proposing that the colonial law could become the instrument to suppress local opposition in the name of development whether they be Uranium Mining in Meghalaya or the recently discovered gas fields in Manipur both priceless resources for economic afsps. In the end, the people who have suffered under this cruel law are only left wondering as to whether the Indian government is trying to force them to become human suicide bombers.


The Article of the Constitution of India confers power to the Central Government to protect every state from internal disturbance.

The AFSPA () and its Institutionalization – The Shillong Times

If the Governor of Jammu and Kashmir or the Central Government, is of opinion that the whole or any part of the State is in such a disturbed and dangerous condition then this Act can be imposed.

All it needs is for the Governor to recommend its imposition. Supreme Court said that any encounter carried out by armed forces in the garb of AFSPA should be subjected to thorough inquiry. When the situation worsened, Assam deployed the Assam Rifles in the Naga Hills and enacted the Assam Disturbed Areas Act ofproviding a legal framework for the paramilitary forces and the armed state police to combat insurgency in the region.

They first took up arms to defend themselves against this life nullifying act. AFSPA, 8.