Emergence of AFSPA 1958 in India’s North-East — Part 2

Revisiting the roots behind the promulgation of the Armed Forces Special Powers Act, 1958 in North-East India from a historical perspective

by Bhabani Sonowal

In the first part of this two-part series, the author explored the historical geopolitics behind India’s North-East states. In this final part, the author examines how the Armed Forces (Special Powers) Act (AFSPA) originated from the nation’s geopolitical conditions, which date back to colonial rule and have evolved in Independent India. The political will to control these areas and integrate them into a unified nation led to increased insurgency and subsequent violence in the region. – Editors

Naga Tribes, Nagaland [Photo: Mohamed Abdul Rasheed/Unsplash]

Violence erupted across Naga territory following the formation of the Federal Government of Nagaland, leaving the state administration unable to control the situation. Consequently, it requested central assistance to combat the insurgency. Due to the Central Government’s longstanding policy differences concerning the North-Eastern States, the Indian Army was deployed to suppress the rebellion and restore order in the region. In response, the then-President of India promulgated the Armed Forces (Assam and Manipur) Special Powers Ordinance on 22 May 1958, granting ‘special powers’ to the armed forces and providing them with a legal framework to operate in the disturbed areas of Assam and the Union Territory of Manipur.

Subsequently, a bill to replace the ordinance was introduced in Parliament on 18 August 1958. During the introduction of the Armed Forces Special Powers Bill, the then Home Minister, Sri G.B. Pant, argued that the bill would enable the armed forces to function effectively in situations marked by arson, looting, and dacoity. The bill faced considerable opposition, with several Members of Parliament arguing that granting sweeping powers to the armed forces would lead to the violation of fundamental rights. They contended that it would allow the Government to bypass constitutional safeguards and enable the armed forces to misuse their powers with impunity. Sri Laishram Achaw Singh, a Member of Parliament from Manipur, described the bill as a ‘lawless law’. Despite opposition leaders’ concerns about the applicability of Section 3 of the Act, the ruling party adeptly explained the clause to secure a majority in the House. The then Home Minister explained the clause ‘in aid of civil power’ under Section 3 as a “very simple measure” aimed at containing the “hostile Nagas” and assured that “no power is transferred from the executive authority”. The Minister of State for Home, Sri B.N. Datar, categorically stated that “civil authority is not abdicated at all, is not abrogated at all”.

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Dr. Bhabani Sonowal is an Assistant Professor at the School of Law, Bennett University (The Times Group) in India. She holds a Ph.D. from the Indian Institute of Technology, Kharagpur (2019) and an LL.M. from the PG Department of Law, Gauhati University, Assam (2014). Her research focuses on victims' rights, victimology, and criminal procedures.