30-Dec-2019: AFSPA extended in Nagaland
The Ministry of Home Affairs (MHA) has declared the entire State of Nagaland as a “disturbed area” for six more months, under the Armed Forces (Special Powers) Act (AFSPA) which empowers security forces to conduct operations anywhere and arrest anyone without prior notice.
The AFSPA has been in force in the Northeast since 1958. Nagaland acquired statehood in 1963.
In a notification, the MHA said the central government is of the opinion that the area comprising the whole state of Nagaland is in such a “disturbed and dangerous condition” that the use of armed forces in aid of the civil power is necessary.
In exercise of the powers conferred by Section 3 of the Armed Forces (Special Powers) Act, 1958 (No. 28 of 1958) the central government hereby declares that whole of the said State to be a ‘disturbed area’ for a period of six months with effect from December 30, 2019 for the purpose of that Act.
Presently, AFSPA, 1958, is operational in the entire States of Assam, Nagaland, Manipur (except Imphal Municipal area), three districts namely Tirap, Changlang and Longding of Arunachal Pradesh and the areas falling within the jurisdiction of the eight police stations in the districts of Arunachal Pradesh, bordering the State of Assam. The notification declaring Manipur and Assam as “Disturbed Areas’ has been issued by the State governments. For Nagaland, the notification is issued by the MHA.
The draconian act has not been withdrawn despite a framework agreement being signed on August 3, 2015 between Naga insurgent group NSCN-IM general secretary Thuingaleng Muivah and government interlocutor R.N. Ravi in the presence of Prime Minister Narendra Modi.
1-Nov-2019: MHA to continue to have final say on AFSPA in J&K
The Cabinet Secretariat notified rules reasserting the Ministry of Home Affairs (MHA) as the authority that would decide on the imposition of AFSPA in the Union Territories of Jammu and Kashmir (J&K) and Ladakh. As per the J&K Reorganisation Act, 2019, the UT of J&K will have a legislative Assembly but the UT of Ladakh will not have one.
Earlier, before the State of J&K was bifurcated and downgraded it was the MHA or the Governor that was the designated authority for notifying the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 (21 of 1990).
The notification also renamed the Department of Jammu and Kashmir in the MHA as the “Department of Jammu, Kashmir and Ladakh Affairs”. The notification also included the Hindi translation of the name change in Roman script — “Jammu, Kashmir aur Ladakh Vibhag”.
AFSPA, which empowers security forces to conduct operations anywhere and arrest anyone without a warrant, is in force in J&K since July 5,1990.
The government said the department in the MHA would be responsible for all matters relating to the Union Territory of Jammu and Kashmir or Union Territory of Ladakh, including counter terrorism within Jammu and Kashmir, and coordination with the Ministry of Defence as regards manning and managing the Line of Control between India and Pakistan, but excluding those matters with which the Ministry of External Affairs was concerned.
All matters falling within the purview of the Union Government in terms of the provisions of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), relating to both the Union Territories, except all such matters as have been specifically assigned under these rules to any other Ministry or Department of the Government of India.
In Ladakh, the Department of Jammu, Kashmir and Ladakh Affairs would be responsible for all matters enumerated in the State List and concurrent List in any such matter, except all such matters as have, under these rules, been specifically assigned to any other ministry or department of the government of India.
The MHA’s department would also handle general questions relating to public services in the UT of Ladakh and service matters in so far as these fall within the purview of the State governments. Provisions specific to the UT of Jammu and Kashmir and general questions relating to public services in the said Union territory (Ladakh) and service matters relating to the officers of the Indian Administrative Service and the Indian Police Service serving in connection with the affairs of the UT.
3-Apr-2019: AFSPA partially withdrawn from Arunachal Pradesh
The controversial Armed Forces Special Powers Act (AFSPA) was partially removed from Arunachal Pradesh, 32 years after it was imposed. The Act, which gives sweeping powers to security forces, was partially withdrawn from three of the state’s nine districts, but would remain in force in the areas bordering Myanmar.
AFSPA is declared in areas where armed forces are required to operate in aid to civil authorities. However, for AFSPA to become valid, an area needs to be declared “disturbed” either by the Central or the state government under Section 3 of the Act.
As per the MHA’s notification, the four police station areas in Arunachal Pradesh which were declared “disturbed areas” under AFSPA are no longer under the purview of the special law. The police station areas from where the AFSPA has been withdrawn are Balemu and Bhalukpong police stations in West Kameng district, Seijosa police station in East Kameng district and Balijan police station in Papumpare district.
However, AFSPA will continue to be enforced in Tirap, Changlang and Longding districts and four police stations areas under the jurisdiction of Namsai and Mahadevpur in Namsai district, Roing in Lower Dibang Valley district, and Sunpura in Lohit district for six more months till September 30.
Arunachal Pradesh became a state on February 20, 1987, and since its inception, the controversial AFSPA – enacted by Parliament in 1958 – was applied to the certain parts of the state. In 2018, MHA had reduced AFPSA from 16 police stations areas bordering Assam to eight police stations, besides Tirap, Changlang and Longding districts, adjoining Myanmar.
One of the reasons cited by the Centre for imposing AFSPA in Arunachal’s Tirap, Changlang and Longding – all bordering Assam – and 16 other police station areas was the extortion and killing of security forces by the National Socialist Council of Nagaland (Isak-Muivah) and NSCN-K. While NSCN-IM signed a framework agreement with the government, NSCN-K capabilities have been depleted after death of its leader SS Khaplang.
23-Apr-2018: AFSPA lifted in Meghalaya
The Centre has removed the AFSPA from Meghalaya, from April 1 onwards. Earlier, the Act was effective in the State in the 20 km area along its border with Assam. In Arunachal Pradesh, the AFSPA has been restricted to eight police stations, instead of 16 earlier.
It is effective in the whole of Nagaland, Assam, Manipur (excluding seven assembly constituencies of Imphal) and parts of Arunachal Pradesh. Jammu and Kashmir too has a similar Act in place.
1-Jan-2018: Nagaland declared 'disturbed' for six more months under AFSPA
The entire state of Nagaland has been declared "disturbed area" for six more months, till June-end, under the controversial AFSPA, which empowers security forces to conduct operations anywhere and arrest anyone without any prior notice.
In a notification, the Home Ministry said the central government is of the opinion that the area comprising the whole of state of Nagaland is in such a disturbed and dangerous condition that the use of armed forces in aid of civilian power is necessary.
"Now, therefore, in exercise of the powers conferred by Section 3 of the Armed Forces (Special Powers) Act, 1958 (No. 28 of 1958), the central government hereby declares that whole of the said state to be a 'disturbed area' for a period of six months with effect from 30th December, 2018, for the purpose of that Act.
The decision to continue the declaration of Nagaland as "disturbed area" has been taken as killings, loot and extortion have been going on in various parts of the state which necessitated the action for the convenience of the security forces operating there.
There have been demands from various organisations in the Northeast as well as in Jammu and Kashmir for repealing the controversial Armed Forces (Special Powers) Act (AFSPA), which, they say, gives "sweeping powers" to security forces.
The AFSPA has been in force in Nagaland for several decades. It has not been withdrawn even after a framework agreement was signed on August 3, 2015 by Naga insurgent group NSCN-IM general secretary Thuingaleng Muivah and government interlocutor R N Ravi in presence of Prime Minister Narendra Modi.
The framework agreement came after over 80 rounds of negotiations spanning 18 years with the first breakthrough in 1997 when the ceasefire agreement was sealed after decades of insurgency in Nagaland.
22-May-2017: AFSPA gets six-month extension in Manipur
The Manipur Cabinet decided to extend the Disturbed Areas Act for another period of six months to facilitate the imposition of the AFSPA except in seven Assembly segments in Imphal. The government had lifted the AFSPA from these segments on August 12, 2004.