Lucky Kushwaha, B.A.LL.B., Rashtrasant Tukdoji Maharaj Nagpur University’s Dr. Babasaheb Ambedkar College of Law, Nagpur
ABSTRACT
The Armed Forces Special Powers Act (AFSPA), implemented in conflict- affected regions like Jammu and Kashmir and the North-Eastern states of India, remains a deeply contentious law as it has sparked a lot of debate all around, often surrounded by misunderstandings and criticisms for its implications on human rights and civil liberties. This paper explores the common myths and partially false claims about AFSPA and evaluates the law positively by concentrating on the regions that are under insurgency and unrest. Using official reports, books and research articles, we highlight the experiences of families, activists, and security personnel impacted by the act. By clarifying misconceptions—such as the belief that AFSPA gives complete immunity to security forces—we aim to provide a more balanced view of its effects. The research further examines how well the defence forces undertakes its peacekeeping mission, covering all aspects including assisting people in need, whenever there is a wave of violence in the society or when there are natural disasters or any other huge crises. The paper makes the case that, despite its many criticisms, AFSPA is unquestionably a part of India's security architecture and offers a perspective that acknowledges both the program's shortcomings and its contributions in maintaining peace and saving lives in disturbed areas. Our findings reveal that while some criticisms are grounded in factual concerns, many assertions are either exaggerated or mis-representative of the act's provisions and application. This paper seeks to promote a better knowledge of AFSPA, encouraging informed conversations that consider the real experiences of those affected by the law.
Keywords: Armed Forces Special Powers Act, AFSPA, Human Rights, Civil Liberties, National security, Insurgency, Immunity, Disturbed Areas, Security Forces.
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