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When the government of India recently declared the entire state of Nagaland as a “disturbed area” for a period of six more months, till December end, it might have caught the attention of many human rights activists and well-wishers, but for most people of the state who have not experienced life outside the ambit of this draconian law, it was just another piece of news. To put it plainly, the state has been under the coverage of the Armed Forces (Special Powers) Act (AFSPA) 1958 since the attainment of statehood- for almost six decades now. This Act gives the armed forces in a “disturbed area” the power to “fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order” if they deem it necessary for maintenance of public order. It also gives the army the power to prohibit assembly of five or more persons, arrest any person and enter or search any premises without warrant on suspicion. Regardless of how horrible it is and may sound to people from developed countries or other Indian states, citizens of Nagaland and a few neighbouring states like Assam, Manipur (except Imphal Municipal area) and parts of Arunachal Pradesh have been living under this controversial Act for decades. What is even more painful is the fact that nobody knows when it will be repealed.
This controversial Act might have been considered necessary at a certain point of time but any law that undermines human rights and values cannot stand the test of time. There are hundreds of instances and cases of alleged fake encounters and extra-judicial killings listed for hearing, indicating that the impunity being granted to the armed forces can be misused. In a landmark ruling in 2016, the Supreme Court of India ended the immunity of the armed forces from prosecution under AFSPA, on the principle that everybody is equal in the eyes of the law. It was an insightful ruling and a much-needed one because excessive use of force by anyone or organisation will lead to proliferation of hatred and mistrust instead of peace. Innocent civilians living under the coverage of this draconian law have suffered enough and only those who have experienced atrocities will know what it’s actually like to live in fear. This constant fear needs to be replaced by sense of “security”. For this, the Act, which is an offshoot of the Armed Forces Special Powers Ordinance of 1942 promulgated by the British in 1942 to suppress the Quit India Movement, should be replaced with a more humane one that holds the security forces more accountable for their actions, if not revoked altogether.
The Centre had repealed AFSPA in some states in the past, indicating that it continues to monitor the situation in regions where the law is still in force, but to this day, there is no respite for lakhs of people who have been dreaming to live in peace without the fear of being falsely implicated in some incidents. The improvement in law and order situation in the Northeast region is visible over the past decade. It is high time the government of India repeal this controversial law or at least humanise it. Only then will we see the transformation these so called “disturbed areas” have gone through over the years.