Supreme Court: Army Cannot Use Excessive Force in AFSPA Areas

During counter-insurgency operations in disturbed areas declared disturbed under the Armed Forces (Special Powers) Act (AFSPA) , 1958. The Supreme Court of India has ruled that army and paramilitary forces cannot use excessive and retaliatory force.

Supreme Court
  • The decision was given by SC bench of Justice Madan B. Lokur and Justice Uday Umesh Lalit on the plea filed by the Extra Judicial Execution Victim Families Association (EEVFAM) .
  • In the plea EEVFAM had required a SIT probe into the killing of 1,528 persons by the Manipur Police and security forces since 1978.
  • No one can act with impunity, particularly when there is a loss of an innocent life.

Supreme Court Ruling

  • The armed forces of the Union or Manipur Police is not permissible for The use of excessive force or retaliatory force.
  • Criminal courts have the jurisdiction over cases of alleged excesses by security forces.
  • It were included under blanket of immunity provided by AFSPA.
  • In counter-insurgency operations armed forces should refrain from resorting to excessive fire power.
  • When state uses such retaliatory force leading to death of people, it is referred to as an extra-judicial execution or extra-judicial killing.
  • It is called administrative liquidation.

About AFSPA:

  • Armed Forces (Special Powers) Acts is collective name of several acts passed by Indian parliament:
  • For providing special powers to the Indian Armed Forces.
  • To provide army officers and jawans legal immunity for their actions in disturbed areas.

Examrace Team at Jul 11, 2016