to launch attacks ranging to suicide bombing practice in the field of terrorism.
Therefore to avoid these kinds of disturbances in the country, the government is not ready to repeal
AFSPA, as this act will provide the complete independence to army militants in their working. So if a
soldier found any person indulging himself in an act which is against the nation interest, hampering the
peace and integrity of the country, he has all the right to take him into the custody without any warrant.
But instead these special rights are being misused by the military men. Since the incorporation of this act,
this act has received a lot of criticism from various national as well as international human rights
organizations. This act was actually made to control terrorism and maintain peace in the country but now
this act has taken another shape. This act has allowed the ‘gunda raaj’ of Indian Army. This act gives full
power to the armed forces to kill and arrest anyone just on the basis of suspicion. So the number of cases
of fake encounters has increased drastically in these areas. The act also provides the power to military
men to enter and search any
premise without any warrant. This
act even restricts more than five
persons to assemble in a group.
This act also protects the soldiers
from the legal consequences this
means that they kill someone and
can’t be prosecuted for their
wrongful act. It is upto the
discretion of the government to
declare a particular area
‘disturbed’ which can’t be
challenged in the court of law.
The essence of human rights is
that human life and dignity must
not be compromised and that
certain acts, whether carried out
by State or non-State players are never being justified no matter what may be the end. AFSPA has failed
to curb the insurgency problems in the Northern East States. In 1980 there were only four armed
opposition groups in Manipur nut now this number has reached to twelve. When AFSPA was formed in
1958 there were no adequate laws to deal with terrorism and insurgent groups but now we have various
laws to deal with the insurgent groups and their unlawful activities like Prevention of Terrorism Act
(POTA), 2002, Terrorist and Disruptive Activities (Prevention) Act, 1985 and Unlawful Activities
(Prevention) Act, 1967 as amended in 2008.
In 2004, the Central government appointed a five member committee headed by Justice B. P. Jeevan
Reddy to review the provisions of act in north eastern states. The committee submitted its report in 2005
which giving following recommendations: (1) AFSPA should be repealed and in place of it appropriate
provision should be added to Unlawful Activities (Prevention) Act regarding specifying power of Armed
and paramilitary forces. (2) Grievance cell should be set up in every district where the armed forces are
deployed.
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