The Government of India enacted the Armed Forces Special Powers Act (AFSPA) in 1958 as a measure to empower her armed forces in their war to militarily quell the Naga political aspiration. The AFSPA, which since 1972 is operational in the entire Northeast, is actually a legacy of the British colonial legislation, the Armed Forces Special Powers Ordinance (1942), which extended to the whole of British India in their effort to suppress the ‘Quit India Movement.’ Ironically, the very people who fought against colonial rule and non-violently secured India’s independence resorted to the very same instruments of force, used by their colonizers, as their response to the question of self-determination.
First introduced in the form of an ordinance in 1958, twelve days after the budget session of the parliament was over, the matter came up again during the monsoon session of parliament for ratification. The then deputy chairman of Rajya Sabha PN Sapru, pointed out that was no need for such urgency. Several Members of Parliament opposed the act on the ground that it would lead to violations of Fundamental Rights and that it would circumvent the Indian Constitution by effectively imposing an Emergency, without actually declaring one. However, after discussions of three hours in the Lok Sabha and four hours in the Rajya Sabha, the Parliament approved and passed the AFSPA with retrospective effect from May 22 1958.
The rationale in justification of the Armed Forces Special Powers Bill, 1958 is reflected in the opening remarks of the parliamentary debate on the Bill by the then Minister of Home Affairs, GB Pant when he said: ‘They (the Naga hostiles) are indulging in arson, murder, loot, dacoity, etc. So, it has become necessary to adopt effective measures for the protection of the people in those areas. In order to enable the armed forces to handle the situation effectively, wherever such problems arise hereafter, it has been considered necessary to introduce this Bill.’ The underpinning rationale under this statement has now justified the extension of the AFSPA in different parts of the sub-continent.
Human experience has shown that political conflicts cannot be addressed through military means; it requires political understanding and means. The Middle-East crisis serve as a reminder that military means have only complicated the situation and ensured that the political conflict has only been prolonged at the cost of much human life. Similarly, the military victory in Sri Lanka over the Tamil Tigers has not meant that the Tamil aspiration has been resolved; rather it has only polarized positions further. Military means has only undermined political processes and therefore the government of India would do best by honoring the Justice Jeevan Reddy Committee suggestion to repeal the AFSPA. The call for repeal of the AFSPA is a basic call for the restoration and respect of human rights and not “for narrow political gains.”
