BY:- SONALI SHARMA

ARMED FORCES SPECIAL POWERS ACT

PRESENTATION IS ALL ABOUT

Armed forcesBenefits and costsWhat is Armed forces special powers actHistory of armed forces special powers actOrdinances invoked by government in 1947The actWhen is armed forces special power act applicableProvisions of armed forces special powers actPowers of armed forces special powers actArmed forces special power acts

ARMED FORCES The Armed forces of a country are

its government-sponsored defense, fighting forces, and organizations.

They exist to further the foreign and domestic policies of their governing body and to defend that body and the nation it represents from external and internal aggressors.

The study of the use of armed forces is called military science.

CONTD…. In broad usage, the terms "armed

forces" and "military" are often treated synonymously, although in technical usage a distinction is sometimes made in which a country's armed forces may include both its military and other paramilitary forces. Armed force is the use of armed forces to achieve political objectives.

BENEFITS AND COSTS The obvious benefit to a country in maintaining

armed forces is in providing protection from foreign threats and from internal conflict.

In recent decades armed forces personnel have also been used as emergency civil support roles in post-disaster situations.

On the other hand, they may also harm a society by engaging in counter-productive (or merely unsuccessful) warfare.

CONTD… Expenditure on science and technology

to develop weapons and systems sometimes produces side benefits, although some claim that greater benefits could come from targeting the money directly.

WHAT IS ARMED FORCES SPECIAL POWER ACT

Armed Forces (Special Powers) Acts (AFSPA), are Acts of the Parliament of India that grant special powers to the Indian Armed Forces in what each act terms "disturbed areas".

CONTD… One such act passed on September 11, 1958

was applicable to the Seven Sister States in India's northeast.

Another passed in 1983 and applicable to Punjab and Chandigarh was withdrawn in 1997, roughly 14 years after it came to force.

An act passed in 1990 was applied to Jammu and Kashmir and has been in force since.

HISTORY The Armed Forces Special Powers

Ordinance of 1942 was promulgated by the British on 15 August 1942 to suppress the Quit India Movement.

Modeled on these lines, four ordinances were invoked by the central government to deal with the internal security situation in the country in 1947 which arouse out of Partition of India.

ordinances invoked by the government in1947

the Bengal Disturbed Areas Ordinance

the Assam Disturbed Areas Ordinance

the East Bengal Disturbed Areas Ordinance

the United provinces Disturbed Areas Ordinance

THE ACT The Articles in the Constitution of India

empower state governments to declare a state of emergency due to one or more of the following reasons:

Failure of the administration and the local police to tackle local issues

Return of (central) security forces leads to return of miscreants/erosion of the "peace dividend"

The scale of unrest or instability in the state is too large for local forces to handle

WHEN IS ARMED FORCES SPECIAL POWER ACT APPLICABLE

Only after an area has been declared “disturbed”. The power to declare a territory “disturbed” initially lay with the states, but passed to the Centre in 1972. Section 3 of AFSPA (in J&K) says that an area can be declared disturbed if it is the “opinion of the Governor of the state or the central government” which “makes the use of armed forces in aid of the civil power necessary”.

PROVISIONS OF ARMED FORCES SPECIAL POWER ACT

The “armed forces” may shoot to kill or destroy a building on mere suspicion.

A non-commissioned officer or anyone of equivalent rank and above may use force based on opinion and suspicion, to arrest without warrant, or to kill.

He can fire at anyone carrying anything that may be used as a weapon, with only “such due warning as he may consider necessary”.

Once AFSPA is implemented, “no prosecution… shall be instituted except with the previous sanction of the central government, in respect of anything done or purported to be done” under this Act.

According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has some powers

POWERS Any person arrested and taken into custody

under this Act shall be made present over to the officer in charge of the nearest police station with least possible delay, together with a report of the circumstances occasioning the arrest.

Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.

CONTD… After giving such due warning, Fire upon

or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order,

Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence.

CONTD… To arrest without a warrant anyone who has

committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.

To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.

Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.

CONTD… Protection of persons acting in good faith

under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.

ARMED FORCES SPECIAL POWERS ACTS

Armed Forces (Assam and Manipur) special powers Act, 1958

The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983

The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990

ARMED FORCES (ASSAM AND MANIPUR) SPECIAL POWERS ACT, 1958 The armed forces (Assam and Manipur) special

power ordinance 1958 was promulgated by the president dr. rajendra prasad on 22 may, 1958

It was replaced by armed forces (Assam and Manipur) special power act 1958 on 11 September 1958

It empowered only the governors of the states and the administrators of the union territories to declare areas in the concerned state or the union territory as ‘disturbed’

ARMED FORCES (PUNJAB AND CHANDIGARH) SPECIAL POWERS ACT,

1983 The central government enacted the

armed forces (Punjab and Chandigarh) special power act on 6 October 1983 to enable the central armed forces to operate in the state of Punjab and the union territory of Chandigarh.

The act was enforced in the whole of Punjab and Chandigarh on 15 October 1983

CONTD…. The terms of the act broadly remained the same as

that of the armed forces special power act (Assam and Manipur) of 1972 except for the sections, which provided additional powers to the armed forces.

1. sub-section (e) was added to section 4 stipulating that any vehicle can be stopped, searched and seized forcibly if it is suspected of carrying proclaimed offenders or ammunition.

2. section 5 was added to the act specifying the soldier has the power to break open any locks “ if the key there of is withheld”

The act was withdrawn in 1997 roughly after 14 years it came to force.

ARMED FORCES (JAMMU AND KASHMIR) SPECIAL POWERS ACT, 1990

The armed forces special power act (Jammu and Kashmir) special power act, 1990 was enacted in September 1990

SONALI SHARMA

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