Armed Forces Special Powers Act in India Essay - 8069 Words.

India code link to Armed Forces (Punjab And Chandigarh) Special Power Act, 1983 (34 OF 1983) 275 (8th December, 1983) An Act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the State of Punjab and the Union territory of Chandigarh.

The Armed Forces (Special Powers) Act,1958 (henceforth, AFSPA or “the Act”) was enacted in the state of Manipur and Assam in 1958, first as an ordinance and then as an official Act. The Nagas who lived in Naga Hills that spread across Manipur and Assam, never felt like they were part of India.

An Act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the State of Jammu and Kashmir. BE it enacted by Parliament in the Forty-first Year of the Republic of India as follows:— 1. Short title, extent and commencement.—(1) This Act may be called the Armed Forces.

The debate over the Armed Forces (Special Powers) Act (AFSPA), has been raging within affected states, armed forces, central and state police organisations, human rights groups, legal fraternity and the central leadership. There have been different views and opinions voiced based on strongly held beliefs. This monograph attempts to present some of these diverse views, with the.

The History of Armed Forces Special Powers Act 10 Pushpita Das Introduction 10 Genesis of the Armed Forces (Special Powers) Act, 1958 11 The Armed Forces (Assam and Manipur) Special Powers Act, 1958 14 Comparison with the Armed Forces Special Power Ordinance, 1942 15 Amendments to the Armed Forces Special Powers (Assam and Manipur) Act, 1958 16.

Legal Analysis of Armed Forces Special Power Act In depth analysis of Armed Forces Special Powers Act brings out that the arguments of various human rights organisations on the act being illegal are biased and are misinterpreted. Analysis of the act brings out the following facts:- Legality of the Act.

Mr Colin Gonsalves, a senior advocate of the Supreme Court has stated that “ Not only man on the street, but even judges have been arbitrarily picked up, detained and tortured by the men in uniform deriving unlimited and unaccounted powers from the Armed forces (Special Powers) Act, 1958.

The Armed Forces (Special Powers) Act, 1958 gives armed forces the power to maintain public order in “disturbed areas” They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving a due warning if they feel a person is in contravention of the law.

Special powers to armed forces: The Act gives special powers to army and state and central police forces to shoot to kill, search houses and destroy any property used by insurgents in disturbed areas. It also provides army personnel with safeguards against malicious, vindictive and frivolous prosecution.

The Armed Forces (Special Powers) Act was announced in 1958 to hold down the government of India thought as disturbed’ areas. AFSPA has been postponed to following six months in Nagaland. The Centre is contemplating the fractional elimination of the Armed Forces Special Powers Act from Assam and Arunachal Pradesh.

Getting Away With Murder 50 Years of the Armed Forces (Special Powers) Act. Human Rights Watch urges the government of India to repeal the Armed Forces Special Powers Act (1958) and the Armed.

Armed Forces Special Powers Act (AFSPA) is a series of act created by the Parliament of India, that gives armed forces the power to maintain public order in “disturbed areas”. The Article 355 of the Constitution of India confers power to the Central Government to protect every state from internal disturbance.