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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 4, ISSUE 3 (2022)
The armed forces special powers act (AFSPA): A contextual analysis
Authors
Shivangi Basu, Rajshree Dewal, Lakshna Bhagat, Myra Yadav, S Bongai Panja, Chawngthanpuii
Abstract
The prevailing imposition of the Armed Forces Special Powers Act (AFSPA) continues to be one of the most controversial issues in India’s political and policy landscape both historically and contemporarily. The draconian nature of the Act and visible injustices orchestrated under it including gross human rights violations have been one of the long-standing questions pertaining to India’s internal security policies and the state’s approach towards insurgent movements. The AFSPA debate has been rekindled more recently following the Oting killings in Nagaland. In this context, this research paper primarily attempts to explore the convoluted dynamics surrounding policies such as AFSPA. The paper is composed of six research questions forming the focus of this research study. Firstly, it seeks to link the use of AFSPA to the totalitarian tendencies of the majoritarian state which has largely alienated alternative perspectives and demands. Secondly, it tries to identify the reasons why the use of AFSPA has largely been evident in the North-East regions of India. Thirdly, it entails an exploration of how the minimal engagement of civil society actors and locals in policy decisions around AFSPA has served to compound the problem. Fourthly, it explores whether the absence of AFSPA in the areas where it is currently imposed will restore normalcy or amplify threats to law and order in those regions. Fifthly, it draws a comparative analysis aiming to draw parallels between the Kadyrovites of Chechnya and the use of AFSPA in India. Sixthly, it positions AFSPA in the theoretical debate between human rights and national security. Lastly, it concludes on the note that AFSPA reforms with an emphasis on better safeguards for human rights need to be proposed as the way forward.
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Pages:22-28
How to cite this article:
Shivangi Basu, Rajshree Dewal, Lakshna Bhagat, Myra Yadav, S Bongai Panja, Chawngthanpuii "The armed forces special powers act (AFSPA): A contextual analysis". International Journal of Law, Policy and Social Review, Vol 4, Issue 3, 2022, Pages 22-28
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