AFSPA and Manipur
Context:
Over the past 19 months of ethnic unrest in Manipur, the state government’s response has been limited to superficial rhetoric, blaming external forces, enforcing internet bans, and making vague promises of dialogue.
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- The Centre’s attempts to bring the warring communities to the negotiation table have also lacked credibility.
- In response to renewed violence, the Union Home Ministry has reinstated the Disturbed Area status under the Armed Forces Special Powers Act (AFSPA) in six police station areas of the state.
- Although the area affected by the Act is relatively small, the move risks exacerbating the deep-seated mistrust among the state’s population, given the longstanding opposition to AFSPA in Manipur and the Northeast.
Current Conflict in Manipur
The ongoing conflict in Manipur, which began on May 3, 2023, has escalated into severe ethnic violence primarily between the Meitei and Kuki communities. The unrest was triggered by a Manipur High Court directive to consider granting Scheduled Tribe status to the Meitei community, leading to protests by Kuki groups who feared marginalisation. As a result, violent clashes erupted, causing over 75 deaths and displacing more than 35,000 people, with significant destruction of property, including homes and religious sites. The situation has prompted the deployment of military forces and the imposition of curfews and shoot-at-sight orders by the state government to restore order. Tensions have been exacerbated by historical grievances and competition over land rights, further complicating the conflict dynamics in the region.
About AFSPA:
The Armed Forces (Special Powers) Act (AFSPA) is a controversial law enacted by the Indian Parliament in 1958. It grants special powers to the armed forces and paramilitary forces in areas classified as “disturbed.”
Key Features of AFSPA:
- Special Powers: AFSPA empowers armed forces to:
- Shoot to kill if they believe it is necessary for maintaining public order.
- Arrest individuals without a warrant based on reasonable suspicion of committing a cognisable offence.
- Enter and search premises without a warrant.
- Prohibit gatherings of five or more people in designated areas.
- Disturbed Areas: The Act can be invoked in regions declared as “disturbed” by the Central Government or the Governor of the respective state. This designation allows for the deployment of armed forces to assist civil authorities in maintaining law and order.
- Legal Immunity: Security personnel operating under AFSPA are granted legal immunity for actions taken during operations, making it difficult to prosecute them for alleged human rights violations.
- Geographical Scope: Currently, AFSPA is in effect in parts of Assam, Manipur, Nagaland, and Arunachal Pradesh, as well as in Jammu and Kashmir.
Controversies and Criticisms:
- Human Rights Violations: Critics argue that AFSPA has led to widespread human rights abuses, including extrajudicial killings, enforced disappearances, and torture.
- Public Sentiment: The law has faced significant opposition from civil society groups, activists, and local populations who argue that it fosters a culture of impunity among security forces.
- Calls for Repeal: Various committees, including the Jeevan Reddy Committee in 2005, have recommended repealing AFSPA or amending it to ensure greater accountability for security forces.
- The Second Administrative Reforms Commission later endorsed these recommendations.
- Supreme Court Rulings: The Supreme Court of India has upheld the constitutionality of AFSPA but emphasised that its application should be limited and subject to regular reviews.
AFSPA in Manipur
- AFSPA was first introduced in Manipur in 1958 in the Naga-dominated districts of Senapati, Tamenglong, and Ukhrul.
- During the 1960s, it was extended to the Kuki-Zomi-majority Churachandpur district, and by 1979, it covered the rest of the state when insurgent activity emerged in the Meitei-dominated Imphal Valley.
- The sweeping powers granted under AFSPA have made it deeply unpopular, with notable opposition such as activist Irom Sharmila’s 16-year hunger strike beginning in 2000.
Once among the most prosperous states in the Northeast, Manipur now lags in most socioeconomic indicators. To address the ongoing crisis, the Centre and state government must tackle the underlying political and administrative shortcomings rather than rely on blunt measures like reinstating AFSPA.
