Nagaland declared as ‘disturbed area’ for 6 more months

• The entire Nagaland has been declared as “disturbed area” for six more months, till June- end, under the controversial AFSPA. The decision to continue the declaration of Nagaland as “disturbed area” has been taken as killings, loot and extortion have been going in various parts of the state which necessitated the action for the convenience of the security forces operating there.
• The AFSPA has been in force in Nagaland for several decades. It has not been withdrawn even after a framework agreement was signed in August 2015 between the Naga insurgent group NSCN-IM and the government. The framework agreement came after over 80 rounds of negotiations spanning 18 years with the first breakthrough in 1997 when the ceasefire agreement was sealed after decades of insurgency in Nagaland.

About AFSPA

• AFSPA, enacted in 1958, gives powers to the army and state and central police forces to shoot to kill, search houses and destroy any property that is “likely” to be used by insurgents in areas declared as “disturbed” by the home ministry. Security forces can “arrest without warrant” a person, who has committed or even “about to commit a cognizable offence” even on “reasonable suspicion”. It also protects them from legal processes for actions taken under the act.

States are under AFSPA

• It is in force in Assam, Jammu and Kashmir, Nagaland, Manipur (except the Imphal municipal area). In Arunachal Pradesh, only the Tirap, Changlang and Longding districts plus a 20-km belt bordering Assam come under its purview. And in Meghalaya AFSPA is confined to a 20-km area bordering Assam.

‘Disturbed’ areas

• The state or central government considers those areas as ‘disturbed’ “by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities.”
• Section (3) of the AFSPA empowers the governor of the state or Union territory to issue an official notification in The Gazette of India, following which the Centre has the authority to send in armed forces for civilian aid. Once declared ‘disturbed’, the region has to maintain status quo for a minimum of three months, according to The Disturbed Areas (Special Courts) Act, 1976.
• The state governments can suggest whether the act is required to be enforced or not. But under Section (3) of the act, their opinion can be overruled by the governor.

By: Vishal