The phased withdrawal of AFSPA from the Northeast is both a security imperative and a human rights necessity. Critically examine.
In this answer
The Armed Forces (Special Powers) Act, 1958 lets a government declare a "disturbed area" under Section 3 and arms the forces with powers of arrest, search and lethal force under Section 4 [1]. Its calibrated rollback since 2022 rests on twin logics — a normalised security landscape and the restoration of citizens' rights — though the process remains incomplete and reversible.
Withdrawal as a security imperative
- Falling insurgency: disturbed areas were reduced in Nagaland, Assam and Manipur in 2022 [2] and again in 2023, after full withdrawal from Tripura (2015) and Meghalaya (2018) [3].
- Negotiated settlements have replaced coercion; the June 2026 Centre–Assam–Nagaland tripartite MoU on oil and gas in the disputed border belt marks a shift from conflict management to development [4], with near-complete rollback promised by 2027 [5].
- Population-centric security: consent of local communities is a force multiplier on a frontier abutting five countries, and station-level demarcation returns primacy to the state police.
Withdrawal as a human rights necessity
- Section 6 bars prosecution without prior Central sanction, creating a structural accountability gap [1].
- In EEVFAM v. Union of India (2016) the Supreme Court rejected blanket immunity and ordered inquiry into alleged fake encounters in Manipur [6].
- The Jeevan Reddy Committee (2005) recommended repeal; Irom Sharmila's 16-year fast reflected the alienation the Act generated.
A critical caveat
- Rollback is an executive notification, not statutory repeal — it can be reversed, as Manipur's ethnic violence shows.
- Sustaining it demands police modernisation and intelligence capacity, plus redressal of past grievances; otherwise withdrawal is procedural, not transformative.
Thus the two rationales converge rather than compete: security gains make withdrawal feasible, while rights concerns make it necessary. The way forward lies in pairing rollback with capacity-building, time-bound accountability for pending cases and continued peace accords — anchoring Northeast policy in the constitutional promise of dignity and equal protection.
Sources
- 1The Armed Forces (Special Powers) Act, 1958 — India Code (Act 28 of 1958)Sections 3, 4 and 6 (disturbed-area declaration, powers, immunity from prosecution)
- 2PIB, "Government reduces disturbed areas under AFSPA in Nagaland, Assam and Manipur" (2022)first phased reduction of disturbed areas
- 3PIB, "Government again decides to reduce disturbed areas in Nagaland, Assam and Manipur under AFSPA" (2023)further 2023 reduction; full withdrawal from Tripura (2015) and Meghalaya (2018)
- 4Akashvani News, "Centre and Govts of Assam, Nagaland ink MoU for exploration and production of crude oil and natural gas"June 2026 tripartite MoU on the disputed Assam–Nagaland belt
- 5The Hindu, "No AFSPA in most of Northeast from 2027" (12 June 2026)Home Minister's announcement of near-complete withdrawal by 2027
- 6Supreme Court of India — Extra-Judicial Execution Victim Families Association (EEVFAM) v. Union of India (2016)no blanket immunity; inquiry into alleged encounter deaths in Manipur