The Armed Forces (Special Powers) Act (AFSPA), often labeled a “draconian law” by critics, has been a contentious piece of legislation in India since its enactment in 1958. Originally introduced to address insurgency in the Naga Hills, it grants extraordinary powers to the armed forces in areas declared as “disturbed,” including the authority to arrest without a warrant, use lethal force, and search premises, all while providing legal immunity to personnel unless sanctioned by the central government. In Manipur, a state in Northeast India with a long history of ethnic tensions and insurgent activity, AFSPA has been repeatedly activated, lifted, and reimposed over decades, reflecting the region’s complex security challenges.
As of recent developments, AFSPA was reimposed in specific areas of Manipur in November 2024, following a period of escalating violence. The Union Ministry of Home Affairs declared six police station areas across five districts—Sekmai and Lamsang (Imphal West), Lamlai (Imphal East), Jiribam (Jiribam), Leimakhong (Kangpokpi), and Moirang (Bishnupur)—as “disturbed areas” under the Act. This decision came in response to a volatile situation marked by ethnic clashes between the Meitei and Kuki-Zo communities, which have claimed over 230 lives since May 2023, alongside insurgent attacks, including a notable incident in Jiribam where 11 militants were killed in a gunfight with security forces. The reimposition, effective until March 31, 2025, reversed a partial withdrawal of AFSPA from these areas in April 2022, when the security situation had briefly improved.
Critics, including human rights activists and local groups, argue that AFSPA’s broad powers foster a culture of impunity, leading to documented cases of extrajudicial killings, disappearances, and other abuses in Manipur. Historical incidents like the 2000 Malom Massacre, where 10 civilians were killed by Assam Rifles, and the 2004 killing of Thangjam Manorama, which sparked widespread protests, have fueled demands for its repeal. Figures like Irom Sharmila, who fasted for 16 years against the Act, have become symbols of resistance. Reports, such as those from the Supreme Court noting over 1,500 alleged fake encounters between 1979 and 2012, underscore these concerns.
Conversely, proponents, including security forces and some government officials, contend that AFSPA is essential for maintaining order in conflict zones like Manipur, where insurgent groups remain active and ethnic violence persists. The recent reimposition aligns with calls from some quarters, such as Kuki MLAs in November 2024, to extend AFSPA statewide to recover looted arms and curb violence. The Act’s legal backing was upheld by the Supreme Court in 1998, though a 2016 ruling clarified that immunity is not absolute and excesses must be investigated.
The reactivation of AFSPA in Manipur reflects a recurring cycle: violence prompts its enforcement, which in turn deepens local alienation, often intensifying the very unrest it aims to suppress. While the government has reduced its scope in parts of Northeast India over time—lifting it entirely in Tripura (2015) and Meghalaya (2018)—Manipur’s persistent instability keeps the “draconian law” in play, reigniting debates over security versus human rights as of April 2, 2025.
By BHARAT GLOBAL TIME
