The AFSPA Stands As A Pioneering Legislation - A Study
- IJLLR Journal
- Oct 13
- 2 min read
Thomas Mathew Puthettukalam, LL.M. (Maritime Law), Bharat Mata School of Legal Studies, Choondy, Aluva, Kerala
ABSTRACT
The Armed Forces Special Powers Act (AFSPA) stands at the crossroads of security imperatives and human rights concerns within India. This paper critically examines the historical evolution, legal dimensions, and social ramifications of AFSPA, shedding light on its multifaceted impact. Employing a comprehensive approach, the analysis navigates through case studies, legal precedents, and expert opinions to unravel the intricate layers of this contentious legislation.
The study delves into AFSPA's origins, tracing its historical roots and contextualizing its enactment amid internal conflicts. By dissecting the legal provisions, the paper scrutinizes the constitutional challenges posed by AFSPA, especially in the context of individual liberties safeguarded under the Indian Constitution. Furthermore, it critically examines AFSPA's compatibility with international human rights standards, scrutinizing its impact on the global image of India's human rights record.
The analysis extends beyond legalities, probing the societal implications of AFSPA. Through firsthand testimonies and real-life narratives, the study humanizes the discourse, bringing to light the stories of individuals and communities affected by the act. This human-centric approach provides a poignant understanding of the social fabric torn apart by the sweeping powers vested in the armed forces.
Additionally, the paper explores the complex interplay of civil-military relations under AFSPA. It dissects the power dynamics between civilian governance and military authority, analysing the tensions and suspicions that characterize this relationship. By examining how AFSPA influences public trust, electoral participation, and political discourse, the study evaluates the erosion of democratic ideals in regions subjected to this legislation.
Ultimately, this critical analysis serves as a clarion call for informed policy reforms. It advocates for a balanced approach that respects both national security imperatives and individual liberties. The paper proposes stringent oversight mechanisms, transparency, and accountability to mitigate potential human rights abuses. Moreover, it emphasizes the importance of engaging in international dialogues to align AFSPA with global human rights standards, safeguarding India's reputation on the global stage.
In essence, this paper offers a nuanced and thought-provoking critique of AFSPA, presenting a comprehensive view that transcends legalities and delves into the profound societal impact. Through rigorous analysis and empathetic understanding, it advocates for a future where security coexists harmoniously with fundamental human rights, fostering a more just and equitable society.
Keywords: AFSPA, Human rights, Security
