If Imphal were to drop state’s disturbed tag, New Delhi can put it back on

The Armed Forces Special Powers Act is an act of Parliament and, therefore, no state can pass a legislation to revoke it. But the Act can ap...

The Armed Forces Special Powers Act is an act of Parliament and, therefore, no state can pass a legislation to revoke it. But the Act can apply only to an area that’s declared as ‘‘Disturbed.’’ So can the Manipur Government on its own remove the label of a ‘‘Disturbed Area’’ and thereby strip the military forces stationed there of the AFSPA armour?

The answer is yes.

But there’s a rider: the Centre can step in.

For, Section 3 of the Act confers the power to declare an area disturbed on both the Centre and the state. Since the Okram Ibobi Singh Government last extended the Disturbed Area status for the whole of Manipur on May 28, 2004 for six months, it has the discretion to withdraw its own notification at any stage.

Story continues below this ad

But if the state Government does take recourse to that extreme step, it does not mean that Manipur will necessarily slip out of the purview of the AFSPA. The Centre has the option New Delhi can put back disturbed tag of immediately filling the void by issuing a notification under the same provision of the law.

Incidentally, when AFSPA was first passed by Parliament in 1958, the states alone were given the power to declare an area disturbed. It was only in 1972 that the law was amended to extend that discretion to the Centre as well. All the same, the AFSPA was applied only to parts of Manipur till 1980. The entire state was declared disturbed for the first time in September 1980.

The AFSPA can be declared if an area is considered ‘‘in such a disturbed or dangerous condition that the use of Armed Forces in aid of civil power is necessary.’’

When the Army is called in aid of civil power, no soldier can open fire without the permission of a magistrate. In a departure from this normal safeguard, the AFSPA says that when an area is declared disturbed, a soldier can ‘‘if he is of the opinion that it is necessary to do so … fire upon or otherwise use force, even to the causing of death.’’ He can also ‘‘arrest without warrant any person’’ or ‘‘enter and search without warrant any premises.’’

Story continues below this ad

Section 6 grants immunity to the armed forces by saying that no prosecution can be initiated ‘‘except with the previous sanction of the Central Government’’ for anything done by anybody. The only safeguard is Section 5 which says that any person ‘‘taken into custody under this Act shall be made over’’ to the police ‘‘with the least possible delay.’’

Charlie Kirk fatally shot at Utah Valley University

‘Blood was pouring from his neck’: Eyewitnesses recall Kirk shooting at Utah University

World6 hr ago

Charlie Kirk, co-founder of Turning Point USA, was shot and killed during a routine campus appearance at Utah Valley University. The shooter is still at large, and two individuals were briefly detained. Eyewitnesses described a chaotic scene as the crowd panicked. The attack has drawn comparisons to past political shootings, and authorities are investigating.

View all shorts

Live Blog