Hauntings of AFSPA

Once again, the government of India has extended the controversial Armed Forces (Special Powers) Act (AFSPA) to nine districts and 21 police station areas in five other districts of Nagaland for another six months. The same was announced for certain areas of Arunachal Pradesh -- Tirap, Changlang and Longding districts, and three police stations in Namsai district – and Manipur, particularly hill districts that are inhabited by tribal communities. It was not surprising and surprising at the same time. Not surprising because this has been the norm for the people of these areas since the enactment of the law in 1958, which gives security forces the power to fire upon or use force even to the extent of causing death against any person who is acting in contravention of any law or order. It also gives armed forces the power to conduct search operations anywhere and make arrests without any prior warrant on mere suspicion. India has repealed many outdated colonial-era laws over the years, thanks to increased human rights awareness and progress, but not AFSPA despite widespread protests amid allegations of fake encounters, extra-judicial killings and human rights violations. For instance, this draconian law came under severe scrutiny following the brutal killing of several innocent civilians in a botched ambush at Oting village of Nagaland in 2021, triggering renewed demand to repeal it, but the centre didn’t budge an inch, and there was no criminal accountability for the Indian Army personnel involved in the killing. Justice denied, AFSPA remains. Today, civil society organisations, civil rights activists, and intellectuals are no longer demanding the repeal of the law with the same fervour as they once did. It reflects the erosion of public trust in institutions and the justice delivery system. It's a story of hope lost.

The extension of the AFSPA was also surprising, as it should have been revoked if violence is the criterion for imposing the regime. When was the last time you heard about a fatal clash between Indian army personnel and insurgency group cadres in Naga-inhabited areas, such as Nagaland, Manipur, and Arunachal Pradesh? With ceasefire in place with most Naga political groups, conflict has been nearly non-existent for years now, and yet India continues to consider the areas as “disturbed”. But the consequences of impunity are far-reaching. It undermines human rights, erodes public trust, creates fear psychosis, and erodes the rule of law. It’s time for the centre to revoke this repressive law that has created much distrust besides hardship and allow the people to experience the benefits of choosing peace over violence.