Provisions of AFSPA - Indian polity and Governance
Q. Consider the following statements related to AFSPA
1. The power to declare an area to be “disturbed” was conferred only upon the state government only
2. State government has authority to reprimand or prosecute those members of the armed forces that commit human rights violations against citizens of that state.
3. Declaration of “disturbed” status should be reviewed every six months.
Which of the above statements is/are incorrect?- Published on 05 May 15a. 1,2
b. 2,3
c. 1,3
d. All
ANSWER: 1,2
As originally enacted, the power to declare an area to be “disturbed” was conferred only upon the state government. In 1972 the AFSPA was amended to provide that same power concurrently to the central government. The state government has no authority to reprimand or prosecute those members of the armed forces that commit human rights violations against citizens of that state as this power is reserved for the central government. In November 1997 the Supreme Court of India ruled that a declaration of “disturbed” status should be reviewed every six months.
