·The Hindu·15 marks·250–350 wordsPolityDefence

The phased withdrawal of AFSPA from the Northeast is both a security imperative and a human rights necessity. Critically examine.

In this answer
  1. Withdrawal as a security imperative
  2. Withdrawal as a human rights necessity
  3. A critical caveat

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

  1. 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)
  2. 2PIB, "Government reduces disturbed areas under AFSPA in Nagaland, Assam and Manipur" (2022)first phased reduction of disturbed areas
  3. 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)
  4. 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
  5. 5The Hindu, "No AFSPA in most of Northeast from 2027" (12 June 2026)Home Minister's announcement of near-complete withdrawal by 2027
  6. 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
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