AFSPA- Needs a Review?

Armed Forces Special Powers Act[AFSPA] is in the center stage of controversies once again.Omar Abdullah- Honourable Chief Minister of Jammu and Kashmir- has advocated for the revocation of this act from the three districts of the state.His proposal has got the mixed reactions from all the strata of the society.The Indian Army has strongly rejected this idea while many other sections of society have voiced positively.Those opposing it says that if this act is removed then it would act as a catalyst for the separatist forces present in Kashmir and aided by foreign powers and they can intensify their freedom propaganda.Those who want to see the end of this much debated act want to eliminate it on the grounds of Human Rights violation.
It is very important to know therefore the whereabouts of this controversial act.AFSPA was passed by the Indian Parliament in 1958.It was first applied to the North Eastern state of Assam and Manipur and was amended in 1972 to extend it to all the seven states of North East.In 1990 it was extended to Kashmir also.The Government has legitimized this act on the plea that it is required to stop the North East states from seceding from the Indian Union.The enactment of AFSPA has seen the innumerable incidents of arbitrary detention,torture,rape and looting by the security personnel.
AFSPA gives the armed forces wide powers to shoot,arrest and search all in the name of 'aiding civil power'. Under it,an army officer is entitled to fire upon or use force,even to the causing of the death, against any individual who is acting in contravention of the law in a 'disturbed area'. It is an absolute privilege of Central and State Government to declare an area "disturbed" which cant be challenged in a court.This provision has been widely criticized as it does not describe the circumstances under which an authority would be justified in making such a declaration.AFSPA also states that millitary must take an arrested person to the nearest police station with the least possible delay.But it is not clear that what time frame has been set in this 'least possible delay". This act also establishes that no legal action can be initiated against any army official acting under this act without the permission of the Central Government.All these sections have been widely condemned by the Human Rights Organizations who have been accusing the armed forces for the violation of human rights on a large scale in the name of establishing security.
AFSPA has been thrashed by the various sections of the society and they are demanding that this act be made unconstitutional.Various cases are pending before the Supereme Court of India which challenge the constitutionality of AFSPA.Various studies and researches say that AFSPA violates the Article 21-Right to Life and Article 22- Prevention against arbitrary arrest and detention.These articles are the Fundamental Rights given to every citizen of India by the Indian Constitution.
After facing the anger and resentment of the masses on a large scale the Union Home Ministry had formed the Justice Jeevan Reddy Committe in 2004 which recommended the complete repeal of AFSPA from the North East.The situation in Kashmir is on the boiling point since June,2010.Over 100 civilian deaths have been reported from their since then.The Iron Lady of Manipur- Irom Sharmila- has also been fasting since last 11 years in the protest.She is attracting the worldwide media attention now.
Situation is very sensitive now and the Central Government will have to take a very crucial decision keeping in view all the interests of all the concerned stakeholders.Peace and prosperity establishment should be the principle agenda of the authorities whatsoever decision the Government will take.