Question

Which state had been declared as a 'disturbed' area under the Armed Forces Act, in June 2019?
1. Nagaland
2. Tripura
3. Assam
4. Mizoram

Answer 1

Correct Answer - Option 1 : Nagaland

The correct answer is Nagaland.

• Union Ministry of Home Affairs (MHA) has extended the Armed Forces (Special power Act) (AFSPA) 1958 in Nagaland for six months, in June 2019.
  • Armed Forces Special Powers Act (AFSPA), 1958 is an act of the Parliament of India that grant special powers to the Indian Armed Forces the power to maintain public order in "disturbed areas".
  • According to The Disturbed Areas (Special Courts) Act, 1976 once declared 'disturbed', the area has to maintain the status quo for a minimum of 3 months.

• AFSPA :
  • AFSPA gives armed forces the power to maintain public order in “disturbed areas”.
  • They have the authority to prohibit a gathering of five or more persons in an area, can use force, or even open fire after giving due warning if they feel a person is in contravention of the law.
  • If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms.
  • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
    • An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
    • A suitable notification would have to be made in the Official Gazette. As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.
• This act has been a controversial one, with human rights groups opposing it as being aggressive. Manipur’s Irom Sharmila has been one of its staunchest opponents, going on a hunger strike in November 2000 and continuing her vigil till August 2016. Her trigger was an incident in the town of Malom in Manipur, where ten people were killed waiting at a bus stop.
• The 5th report of the Second Administrative Reforms Commission on public order has also recommended the repeal of the AFSPA.