Between Sovereignty And Rights: Reconciling Security And Civil Liberty Under India’s Armed Forces (Special Powers) Act
- IJLLR Journal
- Apr 9
- 1 min read
Swayam Sritam Prusty, LL.B., National Law University Odisha.
ABSTRACT
The Armed Forces (Special Powers) Act 1958, colloquially known as “AFSPA,” is still one of India's most contentious pieces of legislation, conferring sweeping powers to military commanders to deal with insurgent activity in notified “disturbed areas.” Its defenders claim it is a vital tool in counter-insurgency warfare; yet critics cite its incompatibility with constitutional guarantees under Articles 21 and 22 of the Indian Constitution, leading to extensively documented human rights abuses, such as extrajudicial killings, illegal arrest, and collective impunity. This commentary attempts to present a brief legal summary of AFSP Act’s principal provisions, discusses judicial responses—most notably in Extra- Judicial Execution Victim Families Association v. Union of India—and analyzes recent developments across regions like Nagaland, Manipur, and Jammu & Kashmir. Internationally, AFSPA has attracted the ire of human rights groups and United Nations agencies, which have condemned it as a builder of “structural impunity.” Such criticisms have led to comparative legal comparison with United Kingdom jurisdictions, the United States, and the Philippines, leading to demands for a series of reforms: repeal of statutory immunity under Section 6, imposition of mandatory independent investigations, and establishment of stringent oversight mechanisms to ensure counter-insurgency operations adhere to both constitutional and international human rights norms.
