In a First Assam Extends AFSPA Orders on Its Own

Assam Government extended the term of Armed Forces (Special Powers) Act (AFSPA) , 1958 declaring entire state “Disturbed Area” for six months under Section 3 of AFSP Act. First time a state government has extended AFSPA and Disturbed Area provision on its own.

States under AFSPA
  • In AFSPA provisions are usually extended by the Centre.
  • The law and order situation in Assam continues to be concerning due to violent incidents

Background

  • Assam categorizes as “disturbed area” under provisions of AFSPA for nearly 27 years
  • Invoked by centre in November 1990, after ethnic insurgencies broke out in 1980s followed by violence by ULFA (United Liberation Front of Asom) .

What is Armed Forces (Special Powers) Act (AFSPA) ?

Enacted in 1958 to bring disturbed areas under army control by empowering both state and central government to declare areas as disturbed

  • Section (3) empowers governor of State and UT to issue official notification in Gazette of India, providing authority to center to send armed forces for civilian aid. Once declared disturbed, the region has to maintain status quo for a minimum of three months.
  • Gives special powers to army and state and central police forces to shoot to kill, search houses, and destroy any property used by insurgents in disturbed areas.
  • Provides army personnel with safeguards against malicious, vindictive and frivolous prosecution.
  • AFSA has been enforced in 6 states viz. Assam, Nagaland, Arunachal Pradesh (only the Tirap, Changlang and Longding districts plus 20-km belt bordering Assam) , Manipur (except Imphal municipal area) , Meghalaya (confined to 20-km belt bordering Assam) and Jammu and Kashmir

What is United Liberation Front of Asom?

Separatist outfit operating in Assam, North East India seeking to establish a sovereign Assam with an armed struggle

  • Banned by government in 1990 as a terrorist organisation
  • Founded on 7 April 1979 at Rang Ghar, a historic structure dating to the Ahom kingdom (1228 - 1826) and began operations in 1990.
  • On 3 September 2011, a tripartite agreement for Suspension of Operations (SoO) against ULFA was signed between the Indian government, the Assam government, and the ULFA

Assam: Steps Taken So Far

  • 1974: Indira-Mujib Accord sought the demarcation of the land boundary between India and Bangladesh.
  • 1983: IMDT (Illegal Migrants, Determination by Tribunal) Act 1983 described the procedures to detect illegal immigrants (from Bangladesh) and expel them from Assam. This Act of the Parliament was struck down by the Supreme Court in 2005.
  • 1985: Assam Accord signed between Government of India and the leaders of the Assam Movement ended the Assam Agitation allowing forming of a political party and government in state of Assam
  • 2014: India Bangladesh Land Swap Agreement enabling exchange of 162 adversely held enclaves under landmark land boundary agreement (LBA) .

Examrace Team at Aug 22, 2021