AFSPA (ARMED FORCES (SPECIAL POWERS) ACT)1958 IN KASHMIR

WHAT IS THE AFSPA?

The AFSPA was passed on September 11, 1958, by the Parliament of India , giving the Armed Forces certain powers in ‘disturbed areas’.

AFSPA empowers the governor of the state, or the central government to declare any part of the state as a 'disturbed area', if in its opinion there exists a dangerous situation in the said area which makes it necessary to deploy armed forces in the region.

ACCORDING TO THE (AFSPA), AN OFFICER OF THE ARMED FORCES HAS POWERS TO:

Fire upon people who don ‘t obey the imposition of Section 144 under the Code of Criminal Procedure (CrPC) – assembly of five or more people, or people carrying deadly weapons.

Search any place without warrant on suspicion that someone who has committed particular offences is hiding there

Make arrests, using force if necessary, without warrant

Occupy property during counterinsurgency operations

The Act grants immunity to members of the Armed Forces taking part in these operations. Even if a person who is shot at by the Armed Forces personnel is killed, the shooter(s) cannot be sued or prosecuted.

AFSPA IN KASHMIR..

It was initially introduced in the North Eastern states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. The act was extended to Jammu and Kashmir in 1990 and is currently in 12 districts including Srinagar, Badgam and Gandherbal from where it could be lifted if there is consensus.

WHY PEOPLE AGAINST AFSPA…?

People are concerned that the Act may be abused, or misused. Several media reports have spoken of torture being used on teenagers, and even children, and very often against people whose relatives are thought to have joined the militancy movement. Many of the victims have been physically maimed, or psychologically affected.

Residents of Jammu and Kashmir have often blamed the police and Army for the disappearance of young men from their families. Under the Public Safety Act (PSA), a person can be detained for up to two years without a court order, and the detention need not be confirmed for up to eight weeks. There are several ‘mass graves’, and the Armed Forces have been accused of extra-judicial killings.

PROTEST AGAINST THE AFSPA

The Act has seen mass protests especially in Manipur and Jammu and Kashmir. On 10 September 2010, a protest against the Act in Kashmir turned violent. Over 100 people were killed by government forces in protest against the AFSPA in Kashmir.

Protests in Kashmir over civilian's death in firing by Army

Baramulla:  There have been massive protests in Baramulla district of north Kashmir today after a 22-year-old man was killed allegedly in firing by the Army.

Ashique Hussain, a resident of Lesar village in Rafiabad area of Baramulla district, was killed outside his house at around 9 pm on Friday during firing by security forces. Protestors are blocking the Kupwara- Baramulla highway. They have refused to bury the body of Hussain demanding the arrest of the Army personnel allegedly involved in the killing.

IROM SHARMILA CHANU is on hunger strike since 2 Nov 2000 demanding the repealing of the Act from the state.

Indian Army against removal of AFSPA in Kashmir 

•'Hardcore national security cannot be determined

by statistics' 

'Pakistan's intent has not changed'  'Kashmir still remains an insecure area'

Jammu and Kashmir Chief Minister Omar Abdullah said Armed Forces Special Powers Act (AFSPA) should be repealed from the places in the state where Army is not required…….

from Srinagar and Badgam in Kashmir, and from Jammu and Samba towns in the Jammu region.

THANK-YOU BY SHUGUFTA HUSSAIN PARRAY