The Armed forces special powers act is completing its 50th year today. The act was passed by the parliament of India in 1958 and it has been a subject of criticisms from the human rights organizations.
The Act gives immunity to the personnel of armed forces to fire or use other kind of force even if it results in death. it also gives the power to arrest without even having a warrant if the officer has a reasonable doubt that a person has committed certain offenses.
The powers of army officers do not end here, the act gives the power to an officer to enter and search any premise in order to make any arrest. Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government’s judgment on why an area is found to be disturbed subject to judicial review.
The act was severely criticized and there were continuous demands to repeal this act. The most infamous incident to repeal the act happened when a group of Manipuri ladies protested naked in front of the Assam Rifles headquarters at Kangla Fort in Imphal on July 15, 2004. After that Manupur Government withdrew the act from some of the constituencies in August 2004 in spite of the Central government not favouring withdrawal of the act
Photo Courtesy : The Hindu
The Act gives immunity to the personnel of armed forces to fire or use other kind of force even if it results in death. it also gives the power to arrest without even having a warrant if the officer has a reasonable doubt that a person has committed certain offenses.
The powers of army officers do not end here, the act gives the power to an officer to enter and search any premise in order to make any arrest. Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government’s judgment on why an area is found to be disturbed subject to judicial review.
The act was severely criticized and there were continuous demands to repeal this act. The most infamous incident to repeal the act happened when a group of Manipuri ladies protested naked in front of the Assam Rifles headquarters at Kangla Fort in Imphal on July 15, 2004. After that Manupur Government withdrew the act from some of the constituencies in August 2004 in spite of the Central government not favouring withdrawal of the act
Photo Courtesy : The Hindu
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