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