⚔️ AFSPA 1958: Powers, Court Judgments, Controversies & Reforms (Updated 2025)
Delhi Law Academy Jaipur presents for aspirants of RJS, DJS, PCS(J) and all Judicial Services aspirants a comprehensive and updated analysis of the
Armed Forces (Special Powers) Act, 1958 (AFSPA).
📘 What is AFSPA?
The Armed Forces (Special Powers) Act, 1958 is a special law that grants extraordinary powers to the armed forces to operate in regions declared as
“disturbed areas” due to insurgency, internal unrest, or threats to public order.
- Empowers the armed forces to restore normalcy in high-conflict zones.
- Allows arrest, search, and use of force without warrant.
- Provides legal immunity to personnel for actions taken under the Act.
- Intended as an emergency tool where civil administration fails.
🗓️ AFSPA Status in India (As of November 2025)
As of November 2025, the Ministry of Home Affairs has extended AFSPA for another six months in:
- Manipur (selected districts)
- Arunachal Pradesh (border areas)
- Nagaland (disturbed districts)
AFSPA also continues in parts of:
- Assam
- Jammu & Kashmir (under the 1990 Act)
It has been removed from:
Tripura (2015), Meghalaya (2018), and Mizoram (1980s).
📜 Key Provisions of AFSPA, 1958
🔹 Section 3 — Declaration of “Disturbed Area”
Governor, Administrator, or Central Government may declare any part of a State/UT as “disturbed”.
🔹 Section 4 — Special Powers of Armed Forces
- Use force, even to the extent of shoot to kill.
- Arrest without warrant based on suspicion.
- Search premises without warrant.
- Prohibit assembly of 5 or more persons.
- Destroy arms dumps or militant bases.
🔹 Section 6 — Legal Immunity
Central Government’s prior sanction required for prosecution.
🔹 Arrested Persons
Must be handed over to nearest police station with least delay.
⚖️ Landmark Judicial Decisions on AFSPA
1️⃣ Naga People’s Movement v. Union of India (1997)
✔ AFSPA upheld as constitutional
✔ Added safeguards on immunity and use of force
2️⃣ EEVFAM v. Union of India (2016)
✔ Immunity under Section 6 is not absolute
✔ Excessive force must be investigated
3️⃣ Sebastian Hongray v. Union of India (1984)
✔ Armed forces can be held accountable even under AFSPA
👍 Arguments in Favour of AFSPA
- National Security: Crucial against insurgency in border states.
- Supports Civil Administration: Helps where police cannot function.
- Quick Action: Warrants are unnecessary, preventing delays.
- Protection from Harassment: Sanction clause stops frivolous cases.
- Judicial Support: Supreme Court upheld AFSPA in 1997.
- Success Stories: Contributed to peace in Tripura, Mizoram.
👎 Arguments Against AFSPA
- Human Rights Concerns: “Shoot-to-kill” + immunity conflict with Articles 14, 21, 22.
- Impunity: Sanction clause delays justice.
- Militarization: Areas remain “disturbed” for decades.
- Undermines Federalism: Central decision overrides State authority.
- Hurts India’s Image: Criticism under UDHR, ICCPR, CAT.
- Allegations of Abuse: Encounter killings, torture, sexual violence.
🛠️ Way Forward
- Restrict AFSPA to only highly volatile districts.
- Amend laws for faster, transparent accountability.
- Use CRPF/state police for routine duties.
- Ensure human rights training during operations.
- Build trust with civil society and local communities.
📌 Major Committee Recommendations
- Jeevan Reddy Committee (2005): Repeal AFSPA, shift powers to UAPA.
- Second ARC (2007): Repeal after consultations.
- Santosh Hegde Committee (2013): Investigate encounter killings.
- Justice Verma Committee (2013): Sexual offences by armed forces should be under ordinary criminal law.
🔚 Conclusion
AFSPA remains a powerful but controversial tool necessary for counterinsurgency operations.
A balanced approach—limiting its use to genuine conflict zones, ensuring oversight, improving transparency, and strengthening local policing—can protect both
national security and democratic values.
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❓ FAQs on AFSPA
⚔️ What exactly does AFSPA allow the armed forces to do?
AFSPA grants extraordinary powers such as arrest without warrant, search of premises, use of force including shooting to kill, and destroying militant hideouts.
These powers apply only in areas declared as “disturbed” under Section 3 of the Act.
🛡️ Why does the government continue extending AFSPA in the Northeast?
According to the MHA, AFSPA is extended in regions where insurgency, cross-border terrorism, and law-and-order challenges persist.
As of November 2025, AFSPA remains in force in parts of Manipur, Nagaland, Arunachal Pradesh, Assam, and J&K due to ongoing security concerns.
⚖️ Is AFSPA constitutionally valid?
Yes. In Naga People’s Movement of Human Rights v. Union of India (1997), the Supreme Court upheld AFSPA as constitutionally valid but imposed safeguards
on the use of force, investigation of complaints, and review of “disturbed area” declarations.
🔎 Why is AFSPA criticized for human rights violations?
Critics argue that AFSPA’s immunity clause (Section 6) shields security personnel from prosecution, leading to delays and alleged impunity.
Reports of extrajudicial killings, torture, and sexual violence have intensified demands for reform or repeal of the Act.
📜 What reforms have committees recommended regarding AFSPA?
Multiple committees — including the Jeevan Reddy Committee (2005), Second ARC (2007), Santosh Hegde Committee (2013), and
Justice J.S. Verma Committee (2013) — recommended either repealing AFSPA, amending immunity provisions, or replacing its powers with UAPA.
They also urged investigations into encounter killings and inserting stronger human rights safeguards.
🕊️ Can AFSPA be removed permanently from a state?
Yes. AFSPA has been fully lifted from Mizoram (1980s), Tripura (2015), and Meghalaya (2018) after security improved.
Its removal depends on sustained peace, reduced insurgency, political consensus, and the state’s ability to maintain law and order without military support.
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