- Seram Rojesh
|Photo: Kangla online|
Armed Forces Special Powers Act (AFSPA), 1958 was passed in the Parliament in 1958. AFSPA can be looked at not only as a problem for those people who live under this law, but as an aspect of neocolonialism, militaristic and undemocratic nature of the Indian State. It does not say that it is to counter the “armed rebellion” or that it is an ‘anti-terror law’. The Supreme Court said that it was required for the national interest and it was not due to the armed rebellion. The AFSPA has its roots from British colonial ordinance, called the Armed Forces (Special Powers) Ordinance promulgated in 1942 to assist in suppressing the "Quit India Movement". The AFSPA itself began as the Armed Forces (Assam and Manipur) Special Powers Ordinance, 1958 that came into force in May 1958, and was passed by Parliament in September. It has only six clauses. Clause 1 definesnehe edefined e the armed forces under the law including all the forces under Army, Nevy and Air forces. the name of the act. Clause 2 defines the armed forces are under the law including all the central forces including Army, Navy and Air forces. Clause 3 defines the power to declare disturbed area. The real law is the clause 4, 5 and 6. Clause 4 allows a non commission officer to shoot to dead on the basis of his suspicion, to destroy a property or any place, to arrest a person without arrest warrant. Clause 5 allows an arrested to person to be kept unlimited time and did not define numbers of days and time. Clause 6 says No prosecution suit or other legal proceeding shall be instituted, except with the previous sanction of the central Government in respect of anything done or purported to be done in exercise of the powers conferred by this Act. In short it is a colonial act.