The Armed Forces Special Forces Act was enacted by Parliament in 1958 to deal with the Naga insurgency. It was intended to be a temporary provision,not later than 6 months. However the state has made it a permanent feature to suppress the legitimate grievances of the people. It must be remembered that violence from below cannot be suppressed by violence from above! It can only lead to a mass upsurge. Virtually the entire North-East,J&K and parts of Central India are under Army Rule.
The Constitution does not envisage any role for The Armed Forces in administration of law and order. It is entirely a state subject,to be managed by the state government.Once the Armed Forces start interfering in state administration,it will be very difficult to make them give up their domain. There have been incidents of rapes,murder,looting and mayhem by the Armed Forces in the name of maintaining peace! The AFSPA gives powers to the Army to search,arrest,interrogate and shoot any body without permission from anyone.
Unfortunately The Supreme Court has also failed in its constitutional obligations by upholding AFSPA! However of late The Judiciary has started interfering in matters of abuse of authority by the Army and ordering punishment and compensation to the victims.
It is high time that AFSPA is repealed!
The Constitution does not envisage any role for The Armed Forces in administration of law and order. It is entirely a state subject,to be managed by the state government.Once the Armed Forces start interfering in state administration,it will be very difficult to make them give up their domain. There have been incidents of rapes,murder,looting and mayhem by the Armed Forces in the name of maintaining peace! The AFSPA gives powers to the Army to search,arrest,interrogate and shoot any body without permission from anyone.
Unfortunately The Supreme Court has also failed in its constitutional obligations by upholding AFSPA! However of late The Judiciary has started interfering in matters of abuse of authority by the Army and ordering punishment and compensation to the victims.
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