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A Legal Critique Of Section 6 Of AFSPA And Its Impact On Human Rights




Sharfaraj Husain


ABSTRACT


The Armed Forces (Special Powers) Act (AFSPA), which has tested India’s parliamentary democracy to the core, has drawn much criticism and controversies because of the special operative powers vested in the armed forces in operation areas. The focus of this discussion is Section 6 of AFSPA which grants military men and women legal immunity to be prosecuted without the permission of the central government. This paper analyses the repercussions of immunity; drawing upon the legal, judicial and socio- political contexts. The account considers the previously discussed judgments, existing documented cases and a urged legal change to reflect the level of national security and accountability. In this paper the author’s main aim is to conduct a critical analysis of the effects that legal immunity under AFSPA has on human rights and major changes that might be introduced to improve the situation.


Keywords: AFSPA, human rights, Section 6, accountability, immunity.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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