AFSPA Extended In Parts Of Nagaland And Arunachal Pradesh

The Armed Forces (Special Powers) Act (AFSPA) has been extended in certain parts of Nagaland and Arunachal Pradesh for another six months, raising discussions around security, governance, and human rights in India’s northeastern region. This decision by the Ministry of Home Affairs came after an assessment of the law and order situation in these states, especially concerning insurgency-related violence and activities of militant groups.

AFSPA has long been a subject of debate due to the extraordinary powers it grants to the armed forces, particularly in regions that are declared as “disturbed areas.” The latest extension in Nagaland and Arunachal Pradesh continues this longstanding policy aimed at maintaining peace and order but also faces resistance from civil rights activists and local communities.

What is AFSPA?

The Armed Forces (Special Powers) Act (AFSPA) is a law enacted by the Government of India in 1958 to grant special powers to the Indian armed forces in regions classified as “disturbed areas.” The act empowers the military to maintain public order, arrest without warrant, search premises without consent, and use force if necessary, even to the extent of causing death, under certain circumstances.

AFSPA was initially introduced to combat insurgency in the northeastern states of India, which have witnessed ethnic conflicts, demands for secession, and activities by militant groups over the decades. While it has been credited with curbing militant activity in regions where insurgency was rampant, the act has also been criticized for alleged human rights violations.

Why AFSPA Was Extended in Nagaland and Arunachal Pradesh?

The extension of AFSPA in certain parts of Nagaland and Arunachal Pradesh is primarily based on the government’s assessment of the ongoing security situation in these areas. The northeastern region, particularly Nagaland, has witnessed insurgent activities by several militant groups seeking greater autonomy or independence.

1. Nagaland’s Insurgency Landscape: Nagaland has been a hotbed of insurgent activity for decades. While peace talks between the Indian government and various Naga insurgent groups, particularly the National Socialist Council of Nagaland-Isak-Muivah (NSCN-IM), have made progress, sporadic violence and clashes still occur. Some factions remain outside the peace process, which has led to the extension of AFSPA in districts where violence continues.
2. Arunachal Pradesh’s Border with Myanmar: Parts of Arunachal Pradesh, especially areas bordering Myanmar, also continue to experience insurgent activities. Several militant groups operate across the India-Myanmar border, using the difficult terrain to evade security forces. These groups often carry out attacks on Indian security personnel and engage in illegal activities such as arms and drug smuggling. The extension of AFSPA aims to bolster security in these sensitive areas.
3. Insurgent Groups and Cross-Border Operations: Many insurgent groups in the northeastern region operate across international borders, particularly with Myanmar and Bangladesh. These groups, such as the NSCN-Khaplang (NSCN-K), often use bases in neighboring countries to launch attacks inside India. The extension of AFSPA is intended to give security forces the necessary powers to conduct operations in these border regions and tackle insurgent activities.

The government argues that AFSPA is essential to maintaining law and order in areas affected by insurgency and violence. With the extension of AFSPA, the armed forces will continue to have significant authority in conducting counter-insurgency operations in these parts of Nagaland and Arunachal Pradesh.

1. Enhanced Security Operations: AFSPA allows security forces to act quickly and decisively against militant groups. The ability to arrest without a warrant and search properties without prior approval enables them to carry out operations effectively in insurgency-prone areas.
2. Reduction of Insurgent Activities: Proponents of AFSPA argue that the law has helped reduce insurgent violence in the northeastern region. In previous years, AFSPA has been credited with bringing down violence levels in states like Manipur and Assam, which were once heavily affected by militancy. The extension in Nagaland and Arunachal Pradesh is seen as a preventive measure to stop the resurgence of violence.
3. Humanitarian and Development Efforts: The extension of AFSPA in certain areas allows the Indian government to continue humanitarian and development efforts in the region. By maintaining law and order, the government hopes to foster an environment where economic development can take place without fear of insurgent interference.

While AFSPA is considered necessary by the government for maintaining peace and stability in insurgency-hit regions, it has faced widespread opposition from various quarters, including human rights organizations, activists, and local communities.

1. Allegations of Human Rights Violations: One of the most significant criticisms of AFSPA is that it gives the armed forces sweeping powers with little accountability. There have been numerous allegations of human rights violations, including extrajudicial killings, torture, and illegal detentions, attributed to security forces operating under the protection of AFSPA.
2. Demand for Repeal: Several civil rights activists and organizations have been advocating for the repeal of AFSPA, citing it as draconian and unconstitutional. Prominent voices like Irom Sharmila from Manipur have led long protests against the act, arguing that it has led to severe abuse of power in the northeastern region. In Nagaland, too, tribal bodies and civil society groups have frequently called for the withdrawal of AFSPA, particularly in areas where peace negotiations are underway.
3. AFSPA and Peace Talks: Another critical aspect of the debate is how AFSPA impacts ongoing peace talks between the government and insurgent groups. Many groups in Nagaland have demanded the removal of AFSPA as part of the peace process, arguing that the law undermines trust-building efforts. The continued imposition of AFSPA in “disturbed areas” is seen by some as a roadblock to achieving lasting peace.

The future of AFSPA in Nagaland and Arunachal Pradesh depends on several factors, including the success of ongoing peace negotiations with insurgent groups, the reduction of militant activities, and the overall security situation in the region. While the government maintains that AFSPA is necessary to ensure stability, the pressure to review or revoke the law in certain areas continues to grow.

1. Peace Process in Nagaland: A significant reduction in insurgent violence in Nagaland could lead to the withdrawal of AFSPA in certain districts. The Framework Agreement signed between the Indian government and the NSCN-IM in 2015 is a step toward resolving the Naga insurgency. If peace is achieved, AFSPA may no longer be required in some parts of the state.
2. Strengthening Local Law Enforcement: Critics of AFSPA argue that improving local law enforcement capabilities could reduce the need for the act. Strengthening the state police force, enhancing intelligence gathering, and promoting community policing are seen as potential alternatives to the blanket use of AFSPA in the northeastern region.

The extension of AFSPA in parts of Nagaland and Arunachal Pradesh is a reminder of the ongoing challenges in maintaining security in India’s northeastern region.