·The Hindu·15 marks·250–350 wordsPolityDefence

"AFSPA's continued renewal reflects failure of political resolution rather than security necessity." Discuss.

In this answer
  1. Evidence of political, not security, failure
  2. Where security necessity is genuine

Section 3 of the Armed Forces (Special Powers) Act, 1958 allows a "disturbed area" to be notified whenever armed forces are needed to aid the civil power, without fixing any measurable test or sunset date [2]. On 25 September 2026 the Centre again extended the Act for six months in Manipur, nine Nagaland districts, and three Arunachal districts plus Namsai-area police stations [1]. Six-monthly renewal since 1958 suggests a political vacuum as much as a security threat.

Evidence of political, not security, failure

  • No independent check: renewal is an executive notification needing neither parliamentary approval nor a published security review, unlike President's Rule [1][2].
  • Permanence by default: Tirap, Changlang and Longding remain notified decades on [1], while removal came only where politics succeeded — Tripura (2015) and Meghalaya (2018) [3].
  • Ignored remedy: the Justice Jeevan Reddy Committee (2005) urged repeal, shifting the powers into a new Chapter VI-A of the UAPA, 1967, so the Northeast is not singled out; the recommendation stayed "under consideration" [4].
  • Accountability untouched: Section 6's sanction requirement lets the same Centre that deploys forces decide on their prosecution [2].

Where security necessity is genuine

  • Soldiers lack ordinary police powers; without statutory cover, arrest and search in insurgency operations are themselves unlawful [2].
  • Manipur's record cuts both ways: police-station areas were freed in 2022 [3], but ethnic violence followed and President's Rule became necessary in February 2025 [6] — withdrawal without political settlement invited relapse.
  • Arunachal's notified belt hugs the Assam border, where insurgent spillover persists [1].
  • Immunity is not absolute: the Supreme Court (2012) required a "reasonable nexus" between the act and duty, so private crimes are outside protection [5].

AFSPA must therefore be judged on two scales — territory covered and rights inside it. India has shrunk the map through phased withdrawal [3]; it has not reformed Section 6. The way forward is to complete political processes such as the Naga talks, strengthen State police capacity, and adopt Jeevan Reddy's route of an all-India statutory framework with time-bound, reasoned notifications — converting a permanent emergency into a genuinely exceptional one consistent with Article 21.

Sources

  1. 1Akashvani News (Prasar Bharati) — Centre extends AFSPA in disturbed areas of Manipur, Nagaland and Arunachal for another 6 months25 September 2026 six-month extension; area-wise coverage in Manipur, Nagaland and Arunachal (including Namsai police stations bordering Assam)
  2. 2The Armed Forces (Special Powers) Act, 1958 — India CodeSection 3 disturbed-area declaration and open-ended standard; powers of arrest/search/use of force; Section 6 previous sanction of the Central Government
  3. 3PIB — Government reduces disturbed areas under AFSPA in Nagaland, Assam and Manipur after decades (2022)phased-withdrawal committee accepted; police-station areas excluded in Manipur from 1 April 2022; complete removal in Tripura (2015) and Meghalaya (2018)
  4. 4PIB — Repeal of AFSPA (MHA reply on Jeevan Reddy Committee)Committee recommended repeal and insertion of Chapter VI-A in the UAPA, 1967; recommendations left under consideration
  5. 5PRS Legislative Research — Is prior sanction always required to prosecute army officers under AFSPA?Supreme Court (2012) "reasonable nexus" test limiting immunity to acts done in exercise of the Act's powers
  6. 6PIB — Statutory resolution approving imposition of President's Rule in Manipur (Rajya Sabha)President's Rule in Manipur following ethnic violence and breakdown of government
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