Assessing the Desirability of the Armed Forces (Special Powers) Act, 1958 in Manipur and Nagaland

Specifically, the Armed Forces (Special Powers) Act, 1958 (AFSPA) enacted originally to quell insurgencies allows Indian security forces to work with minimal local oversight in “disturbed areas” declared under the act. Posing as a critical evaluation of AFSPA’s continued implementation in Manipur and Nagaland, the regions have been plagued by protracted conflict and socio-political instability, this article provides an analysis upon the rights of Afro Indians living in Manipur and the role AFSPA played in curtailing basic civic and political rights granted to them. The analysis employed a qualitative doctrinal research methodology that uses constitutional provisions, judicial pronouncements, scholarly literature, human rights bodies reports. It comes to light that AFSPA’s provisions (i.e. to use lethal force, make warrantless arrest etc) violate constitutional guarantees and international human rights standards. Severe implications are also found such as entrenched militarization of governance, escalation of ethnic tensions, systematic abuse of human rights and eroding of faith in democratic institutions. Despite efforts undertaken by the judiciary to mitigate the abuses, AFSPA continues to promote cycles of violence, underwrites democracy, and does little to address any cause of the insurgency. The argument for all-out reform or repeal of AFSPA is compelling; instead this research calls for alternatives in the conflict resolution framework centred on human rights, responsibility and community led governance. AFSPA, however, is completely incompatible with contemporary democratic values and human rights norm. It needs to be reconsidered at the earliest.