Editorial: Go for complete repeal of AFSPA

The Centre’s decision to reduce the number of areas under the much-despised Armed Forces Special Powers Act (AFSPA) in Nagaland, Assam and Manipur is a welcome development as reflects a pragmatic approach to special laws and a willingness to revoke them when the ground situation shows improvement. The improvement in the security situation and the […]

The Centre’s decision to reduce the number of areas under the much-despised Armed Forces Special Powers Act (AFSPA) in Nagaland, Assam and Manipur is a welcome development as reflects a pragmatic approach to special laws and a willingness to revoke them when the ground situation shows improvement. The improvement in the security situation and the visible outcomes of the development programmes are two key factors that prompted the decision. It comes three months after the government constituted a committee to examine lifting AFSPA in Nagaland where 14 civilians were killed by the Army in December 2021 in a case of mistaken identity. The Act, which provides sweeping powers to armed forces in the notified disturbed areas, has become a symbol of state oppression and evoked protests in several areas. It gave rise to several excesses in the past that were sought to be brushed under the carpet. There has been a justifiable demand from civil rights groups and others for its withdrawal, particularly when there is improvement in the ground situation. The phased revocation of the harsh law could lead to normalisation of the situation in the sensitive northeast region. While the latest decision of the Centre does raise hopes of ushering in a new era of peace in the turbulent northeast, it is time for the complete repeal of the controversial legislation. The disturbed area notification was in force in the whole of Assam since 1990. From April 1, it will be removed completely from 23 districts and partially from one district.

Over the last decade, insurgency-related incidents have come down significantly. Though the Army continues to argue in favour of special powers, it is the Home Ministry that needs to make a realistic assessment of the ground situation and relax the provisions to instil a greater sense of confidence among the people. There has been a popular upsurge against the AFSPA across the region, the most notable among the public protests was the prolonged hunger strike by Irom Sharmila. Though a 2016 Supreme Court judgement had clarified that the Act does not provide blanket immunity to Army personnel in anti-insurgency operations, there have been several allegations of extra-judicial killings in the northeast region. Since the region constitutes a critical component of the government’s Act East policy, there is a need to create a congenial atmosphere to attract investments for rapid growth. The continuance of sweeping laws like AFSPA will be a hindrance to investment flow and tourism development. Efforts are needed to position the region as a bridge between the rest of India and Southeast Asia, boosting two-way trade. Similarly, tourists will flock to the region, endowed with natural beauty, only when there are no travel restrictions.

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