1) Who of the following can declare application of AFSPA in a disturbed area?
1) Judiciary (Supreme Court and High Courts only).
2) State Governments
3) Central Government
a. 3
b. 2, 3
c. 1, 3
d. All of the above
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Answer
Explanation
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ANSWER: 2, 3
Explanation:
- Section (3) of the AFSPA Act empowers the governor of the state or Union territory to issue an official notification on The Gazette of India, following which the centre has the authority to send in armed forces for civilian aid. It is still unclear whether the governor has to prompt the centre to send in the army or whether the centre on its own sends in troops.
- 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, as in Tripura’s case, can suggest whether the Act is required to be enforced or not. But under Section (3) of the Act, their opinion can still be overruled by the governor or the centre.
- Judiciary cannot declare AFSPA
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2) Which of the following states/UTs were under Armed Forces (Special Powers) Act (AFSPA) at some or the other point since independence?
1) Tripura
2) Chandigarh
3) Sikkim
a. 2, 3
b. 1, 2
c. 1, 3
d. All of the above
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Answer
Explanation
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ANSWER: 1, 2
Explanation:
- The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control what the government of India considered ‘disturbed’ areas.
- Assam, Nagaland, Manipur (except the Imphal municipal area), Arunachal Pradesh (only the Tirap, Changlang and Longding districts plus a 20-km belt bordering Assam), Meghalaya (confined to a 20-km belt bordering Assam) and Jammu and Kashmir are under AFSPA.
- The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983 passed in 1983 and applicable to Punjab and Chandigarh was withdrawn in 1997, roughly 14 years after it came to force.
- While the Punjab government withdrew its Disturbed Areas Act (DAA) in 2008, it continued in Chandigarh till September 2012 when the Punjab and Haryana high court struck it down.
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3) Which of the following statements is / are correct?
1. Only center can declare particular area as disturbed area under AFSPA.
2. The decision of the government to declare a particular area ‘disturbed’ cannot be challenged in a court of law.
a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above
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Answer
Explanation
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ANSWER: Only 2
Explanation:
Center or state can declare particular area as disturbed area under AFSPA.
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4) Which Indian state has recently revoked AFSPA?
a. Manipur
b. Meghalaya
c. Arunachal Pradesh
d. Tripura
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Answer
Explanation
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ANSWER: Tripura
Explanation:
Tripura Government Revoked Controversial AFSPA After 18 Years.
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5) 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?
a. 1,2
b. 2,3
c. 1,3
d. All
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Answer
Explanation
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ANSWER: 1,2
Explanation:
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.
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