Last Update: May 22, 2023, 22:58 IST
Assam CM Himanta Biswa Sarma. (File photo: PTI)
Speaking at the Commandants’ Conference, Sarma said, “We are aiming to completely withdraw AFSPA from Assam by the end of 2023.”
Assam Chief Minister Himanta Biswa Sarma on Monday announced that he is aiming to completely withdraw the controversial Armed Forces (Special Powers) Act (AFSPA) from the state by the end of this year.
Speaking at the Commandants’ Conference, Sarma said, “We are aiming to completely withdraw AFSPA from Assam by the end of 2023. AFSPA can be withdrawn from the entire state by November.”
“It will facilitate replacement of CAPFs by Assam Police battalions. Though the presence of CAPFs is required by law,” he said.
As of now, eight districts in Assam come under the AFSPA Act of 1958. In this, security forces can conduct operations without any warrant and arrest anyone. The act also gives security forces immunity from arrest and prosecution if they shoot someone.
Extension of the Armed Forces (Special Powers) Act, 1958 (AFSPA) for six months from October 1 with continuation of ‘disturbed area’ tag for Tinsukia, Dibrugarh, Charaideo, Sivasagar, Jorhat, Golaghat, Karbi Anglong and Dima Hasao districts was given. With Lakhipur sub-division of Cachar in Barak Valley.
The government had withdrawn the controversial law from West Karbi Anglong district as the situation there had improved significantly.
Sarma had said in October last year that his government was considering revoking AFSPA from two more places in the state.
What is AFSPA?
Promulgated by the British, the law was enacted in 1942 in response to the Quit India Movement. Prime Minister Jawaharlal Nehru decided to retain the Act after independence. In 1958, AFSPA was notified as an Act.
A note on AFSPA on the website of the Union Home Ministry says that its enactment in 1958 was necessitated because of the law and order situation in the northeastern states, where state governments and local authorities were found “incompetent” to deal with disturbances in the region.
Under AFSPA, the armed forces are defined as any military contingent and “air forces acting as land forces, and also include other armed forces of the Union”. more info here
Under AFSPA the prescribed officer can arrest without warrant any person in relation to a cognizable offense or even on a “reasonable suspicion … that he has committed or is about to commit a cognizable offence”. The act allows such officers to “use such force as may be necessary to effect an arrest”.
AFSPA allows officers – on the basis of “opinion that it is necessary so to do” – to “destroy” any structure or shelter from which armed attacks are committed or are likely to be committed or attempted to be committed Is.
The armed forces are also allowed to “enter and search any premises without permission”. Section 6 of the Act provides immunity from prosecution for actions taken by security forces in “disturbed areas”.
“No prosecution, suit or other legal proceedings shall, except with the previous sanction of the Central Government, be instituted against any person in respect of anything which is done or to be done in the exercise of the powers conferred by this Act.”
