Armed Forces (Special Powers) Act, 1958 (Afspa): A Need For Reforms And Alternatives
- IJLLR Journal
- 2 days ago
- 1 min read
Chandan Singh Rana, Law College Dehradun, Uttaranchal University
Prof. (Dr.) Anil Kumar Dixit, Law College Dehradun, Uttaranchal University
ABSTRACT
One of the most debated laws in the security-law nexus in India is the Armed Forces (Special Powers) Act, 1958 (AFSPA) which was enacted to reduce insurgency and domestic strife in specific regions of the country. The Act was created in a manner that was supposed to allow the armed forces to maintain social order and the national integrity and over time the sustained enforcement of AFSPA has raised considerable worrying consequences to the constitutional and human-right aspect. This treatise is a critical inquiry in the lenses of constitutional protections, judicial review, and international standards, such as human-rights norms. It highlights the issues of excessive use of force, legal immunity against criminal charges and the consequences of undermining confidence in the civilian and democratic accountability.
Keywords: AFSPA, National security, Human rights, Constitutional Law, Disturbed areas.
