In News:

• The Manipur government has extended the Armed Forces (Special Powers) Act (AFSPA) in the hill districts of the State for another six months.
• Effective October 1, the provisions of the Act will be extended to the whole State, except 19 police station limits in seven valley districts, thus maintaining the status quo, since three such notifications were passed since March 2023.
• It added that the “disturbed area” status could not be reviewed and a detailed ground assessment could not be done as “the sister security agencies are preoccupied with maintenance of law and order” and “it will be premature to arrive at any conclusion or decision on such sensitive matter without detailed assessment.”

Overview of the Armed Forces (Special Powers) Act (AFSPA)

• Enactment: The AFSPA was passed by Parliament and approved by the President on September 11, 1958.
• Context: It was introduced in response to rising violence in the North-eastern States, which state governments struggled to control.

Key Provisions of AFSPA

• Powers Granted:
  • The Act empowers armed forces and Central Armed Police Forces in "disturbed areas" to:
    • Kill anyone acting against the law.
    • Arrest and search premises without a warrant.
    • Receive protection from prosecution and legal action without Central government sanction.
• Issuance of Notifications:
  • Both State and Union governments can issue notifications regarding AFSPA.
  • The Ministry of Home Affairs issues "disturbed area" notifications for Arunachal Pradesh and Nagaland.

Definition of Disturbed Areas

• Criteria:
  • A disturbed area is declared under Section 3 of AFSPA, indicating the need for armed forces' assistance in maintaining civil order.
  • Factors leading to the declaration can include:
    • Conflicts among different religious, racial, linguistic, or regional groups.
• Authority to Declare:
  • The Central Government, the Governor of the State, or the administrator of a Union Territory can declare an area as disturbed.
• Duration:
  • Once designated as disturbed, the area remains classified as such for three months, as per The Disturbed Areas (Special Courts) Act, 1976.
• State Government Input:
  • State governments can recommend whether AFSPA should continue in their region.