DNA Explainer: Everything about AFSPA and Home Ministry's historic decision

In an unprecedented move, the areas covered under Armed Forces (Special Powers) Act in the insurgency-hit north-eastern states of Nagaland, Assam and Manipur will be reduced after decades. Armed Forces (Special Powers) Act (AFSPA), 1958, is an act of the Parliament of India that grants special powers to the Indian Armed Forces to maintain public order in 'disturbed areas'.

The Modi government will be withdrawing AFSPA entirely from 23 districts in Assam and partially from seven districts in Nagaland, six districts in Manipur, and one district in Assam. Once the decision is notified in the gazette, AFSPA remains in force only in parts of these three states, along with parts of Arunachal Pradesh and Jammu & Kashmir.

Militancy incidents in 2021 have reduced by 74% in comparison to 2014. Similarly, deaths of security personnel and civilians have also come down by 60% and 84% respectively during this period, the government data revealed.

Last year, the Nagaland Cabinet had recommended that the Armed Forces Special Powers Act (AFSPA), 1958, be repealed from the state after the incident in Mon district in which security forces had gunned down 13 civilians.

Read | Areas under AFSPA in Assam, Manipur, Nagaland to be reduced, says HM Amit Shah

What government statement says?

Around 7,000 militants from the insurgency-hit states have surrendered in the last few years.

Most extremist groups laid down their arms expressing their faith in the constitution and policies of the government. 

They are becoming a part of democracy and a participant in the peace and development of the northeast. 

Several agreements were signed by the government to end extremism and bring lasting peace in the northeast.

The Bodo Accord of January, 2020 resolved the 50-year-old Bodo problem in Assam.

The Karbi-Anglong Agreement of September, 2021 resolved the long-standing dispute over Assam's Karbi region.

AFSPA timeline

The notification of 'disturbed areas' under AFSPA has been in force in Assam since 1990.

In Nagaland it has been since 1995 and in Manipur, except the Imphal Municipality area, since 2004.

Starting 2015, AFSPA was removed entirely from Tripura and Meghalaya, and partially from Arunachal Pradesh.

Arunachal currently has three districts and two police station areas in a fourth district under the Act.

What is AFSPA?

Armed Forces (Special Powers) Act (AFSPA) allows for armed forces to be conferred with 'special powers', in any region designated as a 'disturbed area'.

The 'special powers' conferred to the armed forces can either be designated by the Centre or the Governor of a state or the Administrator of a Union Territory.

Section 3, says AFSPA can be invoked when a part or full state/UT is in disturbed condition and the use of armed forces in aid of the civil power is necessary.

Once an area has been designated as a 'disturbed area', the AFSPA provides the armed forces with certain 'special powers' to maintain law and order there.

'Special powers' under AFSPA

To open fire or use force, even causing death, against any person in contravention to the law for the time being or carrying arms and ammunition.

To arrest any person without a warrant, on the basis of 'reasonable suspicion' that they have committed or are about to commit a cognizable offence.

To enter and search any premises without a warrant.

To destroy fortified positions, shelters, structures used as hide-outs, training camps or as a place from which attacks are or likely to be launched.

These sweeping powers are augmented under Section 6 of AFSPA, which grants the personnel involved, immunity from prosecution without sanction.

Section 6 notes, "No prosecution, suit or any other legal proceeding can be instituted, except with the previous sanction of the Central Government."

Critics argue this amounts to a blanket immunity given the rarity with which sanction is granted, and leads to impunity for commission of human rights violations.