By Nimesh Kumar Choudhury Editor’s Note: Armed Forces (Special Powers) Act, 1958(AFSPA) was an act created after independence to protect the disturbed or terror affected areas. It was a small act of 6 sections which gave immense powers to military to take actions against the wrong in disturbed areas. It […]
By Gaurav Hooda Editor’s Note: The AFSPA provokes strong reactions both in the Northeast as well as Jammu & Kashmir; even though it’s constitutional validity has been upheld by the Supreme Court. Certain clear cases of human rights violations, where the armed forces have stonewalled all attempts to investigate and […]
The Armed Forces Special Powers Act (AFSPA) was implemented by Indian government in 1958 in the context of separatist movements and the violence caused by them. It has received mixed reactions from across the country and has always been a debatable issue. The authors after a detailed analysis have concluded that there is nothing wrong with AFSPA as a law, but it is prone to more negative construction than positive construction. The criticism of the Act clearly outweighs the benefits provided by it. So, for a more successful implementation of the Act, more amendments are required that leave no lacunae in the interpretation of its provisions.