The controversial Armed Forces (Special Powers) Act (AFSPA) of 1958 grants sweeping authority to the Indian armed forces has been extended again in Nagaland.
It is disturbing that the Indian government periodically reminds us that our homes are in a "disturbed area," where our rights can be compromised on mere suspicion and our lives cut short without repercussions for perpetrators. The controversial Armed Forces (Special Powers) Act (AFSPA) of 1958 grants sweeping authority to the Indian armed forces in these areas, allowing them to enter, search, and arrest without a warrant on suspicion. Security forces can also fire upon or use force, even to the causing of death, against any person who is acting in contravention of any law or order if they deem such extreme action is necessary to maintain public order. And on top of this, no prosecution, suit, or other legal proceeding can be initiated against armed personnel for actions taken under this law without the prior sanction of the Central government. The denial of justice for the victims of the 2021 Oting killings is a stark reminder of the cruelty and inhumane elements of this draconian law. The Nagaland Police constituted a Special Investigation Team (SIT) to probe the incident. The SIT subsequently filed a charge sheet against 30 personnel of the 21st Para Special Forces allegedly involved in the botched ambush that led to the death of more than a dozen civilians, citing breaches of standard operating procedures. However, the accused in the tragic ambush escaped accountability after the Supreme Court stayed the criminal proceedings against them, with the Central government denying the mandatory prosecution sanction. Justice denied—this is AFSPA.
It is unfortunate that the Indian government has refused to scrap this colonial-era law or replace it with an alternative that ensures accountability. Last week, the Ministry of Home Affairs extended AFSPA for another six months across designated districts and specific police station areas in Nagaland, Manipur, and Arunachal Pradesh. While the geographical scope of the law remains unchanged, changes in the way people see the government are palpable. Unlike in the past, no civil society organisations or civil rights activists have demanded its repeal this time. This silence, however, should not be mistaken for acceptance; rather, it signals a gradual erosion of public trust in the government, its institutions, and the justice delivery system. The Central government cannot afford to further diminish the already fragile trust among the Nagas. The long-anticipated settlement of the decades-long Naga political issue also remains elusive, partly due to a lack of trust and honesty among negotiators—an aspect that cannot be undermined. The Indian government should revoke AFSPA, based on the current law and order situation, not on past conditions.