AFSPA: The Armed Forces Special Powers Act

[A.V.]

Centre may amend AFSPA Army could lose cover

NEW DELHI: Notwithstanding opposition from the Army and faced with reports of fake encounters, the government is planning to go ahead with certain amendments in the Armed Forces Special Powers Act which includes handing over of an Army personnel in case of extra-judicial killings to the state authorities.

While of late, Army officials have been raising issues and even terming AFSPA as a 'holy book', government sources feel that there was a need to give a fresh look to the act and make it more humane.

A draft note has been circulated to the law and defence ministries for their comments as the UPA government continues to strive hard to fulfil the assurance made by Prime Minister Manmohan Singh in carrying out a thorough review of the AFSPA and making it more humane, the sources said.

Once an view is firmed up, the amendments would be listed before the Cabinet Committee on Security, they said.

The AFSPA gives the Army the powers to detain and, if the situation warrants, eliminate suspected terrorists when they are fighting insurgents without the fear of prosecution.

The Armed Forces (Special Powers) Act only in force in some areas in Kashmir and insurgency-affected states in the north east.

The Second Administrative Reforms Committee had suggested to the government replacing of the Act with an amended law which gives the centre the right to deploy the Army or para-military forces in situations involving national security.

According to the sources, the amendments also include handing over of Army personnel, who allegedly indulge in fake killings, to the local police authorities for prosecution.

The issue of amendments has been regularly been raised by Jammu and Kashmir chief minister Omar Abdullah with several senior Central leaders including the Prime Minister and home minister P Chidambaram.

Northern Army Commander Lt Gen B S Jaswal, in his recent interview to a news channel, had said, "I would like to say that the provisions of the Armed Forces Special Power Act are very pious to me and I think to the entire Indian Army.

"We have religious books, there are certain guidelines which are given there. But all the members of the religion do not follow it, they break it also. Does it imply that you remove the religious book or you remove this chap?"

Recently, Jammu and Kashmir Police had faced an uphill task while dealing with the Army when three youths were allegedly shot dead in a fake encounter.

Among the accused was an Army major. There have been demands for scrapping of the Act from some of the north eastern states especially Manipur where several civil rights activists have been blaming the Army for misusing it.


http://timesofindia.indiatimes.com/...Army-could-lose-cover/articleshow/6070552.cms

 

[A.V.]

so now they want to make it more humane aka the parliamentary laws that is so well followed by the more humane politicians ......why are the politicians messing with the army and the judiciary they have already spoilt the judiciary with corruption although it must function independently now its toes the line of the politicians more often ....god save the human race from the humane politicians

 

[Oracle]

This is not a wise judgement. Not all all. Draconian laws to an extent are needed to rein in extremists who challenge internal security and national sovereignty. Bring to book people indulging in fake encounters within a system of law, reforms laws if necessary. Messing with the Armed Forces Special Powers Act is not a welcome move.

 

[Oracle]

Armed Forces Special Powers Act

Armed Forces Special Powers Act covering North Eastern States of India *[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura]

THE ARMED FORCES (SPECIAL POWERS) ACT, 1958​

INTRODUCTION​

Violence became the way of life in north-eastern States of India. State administration became incapable to maintain its internal disturbance. Armed Forces (Assam and Manipur) Special Powers Ordinance was promulgated by the President on 22nd May of 1958. In which some special powers have been given to the members of the armed forces in disturbed areas in the State of Assam and Union Territory of Manipur. Later the Ordinance was replaced by the armed Forces Special Powers Bill.

STATEMENT OF OBJECTS AND REASONS​

An ordinance entitled the Armed forces (Assam and Manipur) Special Powers Ordinance, 1958, was promulgated by the President on the 22nd May, 1958. Section 3 of the Ordinance powers the Governor of Assam and the Chief Commissioner of Manipur to declare the whole or any part of Assam or the
Union territory of Manipur, as the case may be, to be a disturbed area. On such a declaration being made in the Official Gazette, any Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces may exercise, in the disturbed area, the
powers conferred by section 4 and 5 of the Ordinance. The Bill seeks to replace the Ordinance –See Gazette of India, 11-8-1958, Pt. II-Sec. 2, Ext. p.714 (No.26).

ACT 28 OF 1958
The Armed Forces (Special Powers) Bill was passed by both the Houses of Parliament and it received the assent of the President on 11th September, 1958. It came on the Statute Book as THE ARMED FORCES (SPECIAL POWERS) ACT, 1958 (28 of 1958).

LIST OF AMENDING ACTS
1. The State of Mizoram Act, 1986 (34 of 1986).
2. The State of Arunachal Pradesh Act, 1986 (69 of 1986).
3. The Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 1972 (7 of 1972).
4. The Armed Forces Special Powers (Extension to Union Territory of Tripura) Act, 1970.
5. The Repealing and Amending Act, 1960 (58 of 1960).

THE ARMED FORCES (SPECIAL POWERS) ACT, 1958​

(28 of 1958)​

[11th September, 1958]​

An Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the State of *[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].

Be it enacted by Parliament in Ninth Year of the republic of India as follows:-

1.Short title and extent – (1) This act may be called **[The armed Forces (Special Powers) Act, 1958].
***[(2)] It extends to the whole of the State of ****[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].

2. Definitions: In this Act, unless the context otherwise requires-
(a) "armed forces' means the military forces and the air forces operating as land forces, and includes other armed forces of the Union so operating;
(b) 'disturbed area' means an area which is for the time being declared by notification under section 3 to be a disturbed area';
(c) all other words and expressions used herein, but not defined and defined in the Air Force Act, 1950 (45 of 1950), or the army Act, 1950 (46 of 1950) shall have the meanings respectively to them in those Acts.

3.Powers to declare areas to be disturbed areas – If, in relation to any state or Union Territory to which this act extends, the Governor of that State or the administrator of that Union Territory or the Central Government, in either case, if of the opinion that the whole or any part of such State of Union
territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union Territory or the Central Government, as the case may be , may by notification in the Official Gazette, declare the whole or such part of such State or Union territory to be a disturbed area].
----------------------------------------------------------------------------------------------------------------
*Subs. By Act 69 of 1986,sec.43 for "Assam, Manipur, Megahalya, Mizoram, Nagaland and Tripura and the Union territory of Arunachal Pradesh" (w.e.f. 20.2.1987.)
**Subs by Act 7 of 1973, sec. 3 for 'the armed forces (Assam and Manipur) special Powers Act, 1958" (w.e.f 5.4.1972).
***Subs by Act 7 of 1972, sec. 4 (w.e.f 5.4.1972).
*****Subs by Act.69 of 1986,sec. 43 for 'Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union Territory of Arunachal Pradesh'(w.e.f 20.2.1987).

Sec 5]​

The Armed Forces (Special Powers) Act, 1958.​

COMMENTS​

(i) The Governor is empowered to declare any area of the State as "disturbed area'. It could not be arbitrary on ground of absence of legislative guidelines; Inderjit Barua v.State of Assam, AIR 1983
Del. 514.
(ii) Section 3 cannot be construed as conferring a power to issue a declaration without any time limit. There should be periodic review of the declaration before the expiry of six months; Naga People's Movement of Human Rights v. Union of India, AIR 1998 SC 431.

4. Special Powers of the armed forces – Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,-
(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or move persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances;
(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as a training camp for armed volunteers or utilized as a hide-out by armed gangs or absconders wanted for any offence;
(c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest;
(d) enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.

COMMENTS​

(i) Conferment of power on non-commissioned officers like a Havaldar cannot be said to be bad and unjustified : Inderjit Barua v .State of Assam, AIR, 1983 Del 514.
(ii) The armed forces must act in cooperation with the district administration and not as an Independent body. Armed Forces could work in harmony when they deployed in disturbed area: Luithukia v.Rishang Keishing, (1988) 2 Gau LR 159.

5.Arrested persons to be made over to the police –Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.

In case of arrest of any person, army authority is duty bound to handover to the officer-in-charge of the nearest police station with least possible delay: Horendi Gogoi v. Union of India, (1991) Gau CR 3081.

6. Protection to persons acting under Act – No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.

7. Repeal and Saving - [Repealed by Amending and Repealing Act, 1960 (58 of 1960),First Schedule, sec.2 (26.12.1960].

http://www.mha.nic.in/pdfs/armed_forces_special_powers_act1958.pdf

 

[Oracle]

Armed Forces Special Powers Act for the state of Jammu & Kashmir

The Gazette of India​

EXTRAORDINARY​

PART II-Section 1
PUBLISHED BY AUTHORITY
NEW DELHI, TUESDAY, SEPTEMBER 11, 1990/ BHADRA 2O, 1912

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 11th September, 1990/Bhadra 20, 1912 (Saka)​

The following Act of Parliament received the assent of the President on the 10th September 1990, and is hereby published for general information:

THE ARMED FORCES (JAMMU AND KASHMIR)​

SPECIAL POWERS ACT, 1990​

No. 21 OF 1990​

[10th September, 1990.]​

An Act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the State of Jammu and Kashmir.

BE it enacted by Parliament in the Forty-first Year of the Republic of India as follows:

1. Short title, extent and commencement. (1) This Act may be called the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 5th day of July, 1990.

2. Definitions. In this Act, unless the context otherwise requires,-
(a) "armed forces" means the military forces and the air forces operating as land forces and includes any other armed forces of the Union so operating
(b) "disturbed area" means an area which is for the time being declared by notification under section 3 to be a disturbed area;
(c) all other words and expressions 'used herein, but not defined and defined in the Air Force Act, 19501, or the Army Act, 19502, shall have the meanings respectively assigned to them in those Acts.

3. Power to declare areas to be disturbed areas. If, in relation to the State of Jammu and Kashmir, the Governor of that State or the Central Government, is of opinion that the whole or any part of the State is in such a disturbed and dangerous condition that the use of armed forces in aid of the civil power is necessary to prevent—

(a) activities involving terrorist acts directed towards overawing the Government as by law established or striking terror in the people or any section of the people or alienating any section of the people or
adversely affecting the harmony amongst different sections of the people;
(b) activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part
of the territory of India front the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution of India, the Governor of the State or the Central Government, may, by notification in the Official Gazette, declare the whole or any part of the State to be a disturbed area.
Explanation.- In this section, "terrorist act" has the same meaning as in Explanation to article 248 of the Constitution of India as applicable to the State of Jammu and Kashmir.

4.Special powers of the armed forces. Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,-

(a} if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of firearms, ammunition or explosive substances;

(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be
made, or any structure used as training camp for armed volunteers or utilized as a hide-out by armed gangs or absconders wanted for any offence;

(c) arrest, without warrant, any persons who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may
use such force as may be necessary to effect the arrest;

(d) enter and search, without warrant, any premises to make any such arrest as aforesaid or to recover any person believed to be wrongful restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawful kept in such premises, and may for that purpose use such force as may be necessary, and seize any such property, arms, ammunition or explosive substances;

(e) stop, search and seize any vehicle or vessel reasonably suspected to be carrying any person who is a proclaimed offender, or any persons who has committed a non-cognizable offence, or against
whom a reasonable suspicion exists that he has committed or is about to commit a non-cognizable offence, or any person who is carrying any arms, ammunition or explosive substance believed to be
unlawfully held by him, and may, for that purpose, use such force as may be necessary to effect such stoppage, search or seizure, as the case may be.

5. Power of search to include powers to break open locks, etc. Every person making a search under this Act shall have the power to break open the lock of any door, almirah, safe, box, cupboard, drawer,
package or other thing, if the key thereof is withheld.

6. Arrested persons and seized property to be made over to the police. Any person arrested and taken into custody under this Act and every property, arms, ammunition or explosive substance or any vehicle or vessel seized under this Act, shall be made over to the officer-incharge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest, or as the case may be, occasioning the seizure of such property, arms, ammunition or explosive substance or any vehicle or vessel, as the case may be.

7. Protection of persons acting in good faith under this Act. No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any
person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.

8. Repeal and saving. (1) The Armed Forces (Jammu and Kashmir) Special Powers Ordinance, 19903, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

V.S. RAMA DEVI,​

Secy. to the Govt. of India​

-----​

CORRIGENDA​

In the Constitution (Sixty-sixth Amendment) Act, 1990 as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 7th June, 1990 (Issue No.32),-

At page 1, in second line from the bottom, for "Regulation, 1963 (Andhra Pradesh Regulation 2 of" read "Regulation, 1970 (Andhra Pradesh Regulation 1 of".
At page 2, in line 7, for "(Bihar Act 8 of 1985)" reads "(Bihar Act 8 of 1885)".
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1 45 of 1950
2 46 of 1990
3 3 of 1990

EXTRAORDINARY

THE​

JAMMU & KASHMIR GOVERNMENT GAZETTE​

Vol. 103] Srinagar, Fri., the 6th July, 90/15th Asa., 1912. [No.14-1
PART I-B​

Jammu and Kashmir Government – Notifications.​

"¦"¦.​

GOVERNMENT OF JAMMU AND KASHMIR,​

CIVIL SECRETARIAT – HOME DEPARTMENT.​

SRO NO. SW 4​

Dated 6-7, 1990​

In exercise of the powers conferred under section 3 of the Armed Forces (Jammu and Kashmir) Special Powers Ordinance, 1990, the Governor of Jammu and Kashmir hereby notifies the areas given in the
Schedule to this notification as Disturbed Areas.

(Sd.)"¦"¦"¦."¦"¦"¦"¦"¦"¦"¦"¦.​

Additional Chief Secretary (Home),​

Jammu and Kashmir Government.​

"¦"¦.​

SCHEDULE​

1. Areas falling within 20 Kms. of the Line of Control in the Districts of Rajouri and Poonch.
2. Districts of Anangtnag, Baramulla, Badgam, Kupwara, Pulwama and Srinagar.

(Sd.)"¦"¦"¦."¦"¦"¦"¦"¦"¦"¦"¦.​

Additional Chief Secretary (Home),​

Jammu and Kashmir Government.​

Government of Jammu and Kashmir​

Civil Secretariat Home Department​

NOTIFICATION
SRINAGAR, THE 10TH AUSUGT, 2001

SRO 351: Whereas the Governor is of the opinion that the State is in such a disturbed condition that the use of Armed Forces in the aid of civil power is necessary to prevent the activities involving terrorists acts
directed towards striking terror in the people;

Now, therefore, in exercise of the powers conferred by section 3 of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990, the Governor hereby declares the districts of Jammu, Kathu, Udhampur,
Poonch, Rajouri and Doda to be disturbed areas in addition to districts, Srinagar, Budgam, Anantnag, Pulwama, Baramulla and Kupwara which stand already so declared.

By order of the Governor

Principal Secretary to Government​

Home Department​

NO:Home-219/97-ISA

dated 10.8.2001​

.

Copy for information to:-
1. Chief Secretary, J&K, Srinagar.
2. Secretary, Ministry of Home Affairs, Govt. of India, New Delhi.
3. Secretary, Ministry of Defence, Govt. of India, New Delhi.
4. Joint Secretary (K-I), MHA (Deptt. of J&K Affairs), New Delhi.
5. Principal Secretary to HE the Governor.
6. Principal Secretary to Hon'ble Chief Minister.
7. Commr/Secretary, Law.
8. Director General Police, Srinagar.
9. Director General, BSF, New Delhi.
10. Director General, ITBP, New Delhi.
11. Director General, CRPF, New Delhi.
12. GOC, XVI Corps C/o 56 APO
13. GOC, XV Corps C/o 56 APO
14. GOC, XIV Corps C/o 56 APO
15. Divisional Commissioner, Jammu.
16. Director Information, J&K, Srinagar.
17. All District Magistrates of Jammu Division.
18. All District Superintendents of Police, Jammu Division.
19. Pvt. Secretary to Hon'ble MOS(Home)

http://www.mha.nic.in/pdfs/Armed forces _J&K_ Spl. powers act, 1990.pdf

 

[ajtr]

I think GOI is moving ahead in diluting the AFSPA by introducing the some amendments to it with some checks and balances to take care of its gross violations instead of completely taking it off from the militancy affected areas.

Centre may amend AFSPA, Army could lose cover​

NEW DELHI: Notwithstanding opposition from the Army and faced with reports of fake encounters, the government is planning to go ahead with certain amendments in the Armed Forces Special Powers Act which includes handing over of an Army personnel in case of extra-judicial killings to the state authorities.

While of late, Army officials have been raising issues and even terming AFSPA as a 'holy book', government sources feel that there was a need to give a fresh look to the act and make it more humane.

A draft note has been circulated to the law and defence ministries for their comments as the UPA government continues to strive hard to fulfil the assurance made by Prime Minister Manmohan Singh in carrying out a thorough review of the AFSPA and making it more humane, the sources said.

Once an view is firmed up, the amendments would be listed before the Cabinet Committee on Security, they said.

The AFSPA gives the Army the powers to detain and, if the situation warrants, eliminate suspected terrorists when they are fighting insurgents without the fear of prosecution.

The Armed Forces (Special Powers) Act only in force in some areas in Kashmir and insurgency-affected states in the north east.

The Second Administrative Reforms Committee had suggested to the government replacing of the Act with an amended law which gives the centre the right to deploy the Army or para-military forces in situations involving national security.

According to the sources, the amendments also include handing over of Army personnel, who allegedly indulge in fake killings, to the local police authorities for prosecution.

The issue of amendments has been regularly been raised by Jammu and Kashmir chief minister Omar Abdullah with several senior Central leaders including the Prime Minister and home minister P Chidambaram.

Northern Army Commander Lt Gen B S Jaswal, in his recent interview to a news channel, had said, "I would like to say that the provisions of the Armed Forces Special Power Act are very pious to me and I think to the entire Indian Army.

"We have religious books, there are certain guidelines which are given there. But all the members of the religion do not follow it, they break it also. Does it imply that you remove the religious book or you remove this chap?"

Recently, Jammu and Kashmir Police had faced an uphill task while dealing with the Army when three youths were allegedly shot dead in a fake encounter.

Among the accused was an Army major. There have been demands for scrapping of the Act from some of the north eastern states especially Manipur where several civil rights activists have been blaming the Army for misusing it.

 

[Sabir]

Friends please share your opinion whether AFSPA is suitable in handling situation in troubled areas while maintaining our image. Do you think there is an alternative???

Mod...you can add a poll if you think suitable....

Regards,

 

[anoop_mig25]

no i donot think so when nothing remains is favourtie of our policy makers to show secqurity persons as villians

 

[Rama]

AfSpa is vital without it army will sit tight and let hell break loose the tndian arm forces will not be able to function effectively

 

[Daredevil]

I don't think AFSPA should be tinkered with be it completely repealing or diluting. AFSPA is very important for Army to maintain peace, for counter-insurgency and check-mating cross-border infiltrations. If AFSPA is repealed or diluted, we will see even more violence than before and also put lives of security personnel in danger. As long as erring security forces are punished for human rights violations there is no problem with AFSPA.

 

[keshtopatel]

I have voted no, its rediculous to even suggest the alternative - its AFSPA or nothing, as the top brass has said. These soldiers try to keep us safe from trouble makers, but what would happen if they are not safe, and rendered helpless, just because of vote bank politcs of some.

 

[Sabir]

Alternative of AFSPA does not mean removing or diluting AFSPA. But attempting a more flexible system judging the troubled areas individually. As an example- the separatist groups in many parts of the north-east have been reduced to extortion gang while leaders hiding and leading lavish life in foreign countries with the money collected by cadres. In Kashmir separatists are acting as double edged sword- infiltrating armed insurgents in one hand and instigating civilians for stone pelting in other. So it is important to evaluate where to loosen the knot and where to tighten. Ultimate objective is to bring peace.

 

[Kunal Biswas]

AfSpa is vital without it army will sit tight and let hell break loose the tndian arm forces will not be able to function effectively

What is our Image:
Parts of J&K people hate IA, But they do admit they cannot live without IA..

AFSPA give us the power to detain suspected terrorist living within community with the help of police..
No one likes fully-armed soldiers and officers at door steps to question u, This is some thing people don't like and local police..

The ACT also give us the power to detain HI-LEVEL criminals in J&k without much political interference..
The ACT is a deadly BLOW to Terror supporters and tangos themselves..

 

[Sabir]

Mods...appropriate options in the poll should be

a) yes b) No c)Provisions to be diluted d) More flexible system according to situation

'not sure' people can stay away from voting...

 

[keshtopatel]

Breaking news.......


NEW DELHI: No consensus was reached on the dilution of Armed Forces Special Powers Act (AFSPA) in Jammu and Kashmir to control violence in the Valley at the all party meet chaired by Prime Minister Manmohan Singh in New Delhi.

 

[Sabir]

What is our Image:
Parts of J&K people hate IA, But they do admit they cannot live without IA..

AFSPA give us the power to detain suspected terrorist living within community with the help of police..
No one likes fully-armed soldiers and officers at door steps to question u, This is some thing people don't like and local police..

The ACT also give us the power to detain HI-LEVEL criminals in J&k without much political interference..
The ACT is a deadly BLOW to Terror supporters and tangos themselves..

Sir, It is effective to take on the armed groups as they can simply gunned down (with or without AFSPA). But the main problem is to prevent the separatist leaders from instigating common people and discourage civilians from come on to street joining the streets. The leaders are using their detention as a tool to instigate people.

 

[keshtopatel]

For whom is the Indian soldier fighting the battle in Kashmir?

Whose man is that soldier fighting in Kashmir? : India : Tarun Vijay : TOI Blogs

 

[Tshering22]

AFSPA should be repealed only for those who deserve it.. not a bunch a fundamentalist, violent crowd who tries to secede to an enemy country what is considered an integral part of India. Forget repealing AFSPA or even diluting it, I am of the opinion that the Armed forces are too soft on separatist scumbags due to pressure from the weak and pathetic central government. Give the military its full power and see how separatism is crushed out of the valley in next 60 days forever.

 

[sayareakd]

if you are wondering what the Arm forces act means here is the act.

Armed Forces (Special Powers) Act, 1958

after going through the act, IMHO it is necessity to have such laws in force in trouble areas.

 

[dr0ne]

Sabir,

The opposition against the AFSPA is based on the propaganda generated by Pakistani proxies and fifth columnist jhollawallas. For instance, In J&K the protests are taking place only in urban areas and mainly in downtown Srinagar. There is *NO* army deployed in these regions. So what difference is it going to make if we dilute/repeal the act ? The majority of people arrested are under Public Safety Act by J&K state police and CRPF troops which is directly under the control of State government.
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