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Licence to Kill

The Armed Forces Special Powers Act (AFSPA) in India is a constitutional abomination that should have been repealed a long time ago.

By Sajad Jatoi | February 2022

The killings of 14 civilians at the hands of Indian armed forces in Mon district of Nagaland in early December has sparked outrage in India over the draconian use of the Armed Forces Special Powers Act 1958 (AFSPA). Along with the civil society, the chief ministers of Nagaland, Manipur and Meghalaya have become vocal against the repressive AFSPA and have been calling for its repeal. Talking to media on December 6, the chief minister of Nagaland and the senior leader of National Democratic People’s Party Neiphiu Rio said that he had urged the Union government to remove the AFSPA as it is “a black spot on the image of the country”.

Commonly referred to as the licence to kill, the AFSPA legislation has been opposed since its enactment, because the Act gives security forces extraordinary powers to use in counter-insurgency operations, not to exclude the power to detain, arrest, and kill insurgents challenging the state writ. It enables the security personnel to kill civilians at first sight even by opening fire, particularly on those who are perceived to possess any kind of weapons or are involved in contravening the law. Thanks to the tyrannous AFSPA move, it also allows the Indian security forces to destroy and damage property and search homes without a warrant, that too on the basis of mere “reasonable suspension” and without recourse to justice.

The law is applicable in areas which have been declared ‘Disturbed’ under Section 3 of the AFSPA by either Central government or Governor of the concerned State, or the administrator of Union Territory. The term ‘disturbed area’ refers to those regions struggling with law and order issues.

Tracing its origin back to colonial times, the AFSPA was enacted by the British government in 1942 in order to suppress the Quit India Movement. However, after the independence of the subcontinent from British rule, the then Indian government decided to retain the notorious law, keeping in view the so-called ‘disturbed conditions’ in the country’s north-eastern areas. After about a decade of India’s independence, the Indian Parliament passed the AFSPA Bill in September 1958, incorporating the infamous Act in its Constitution.

The Act has remained in force in a number of Indian States and Union Territories from time to time. For instance, it was enforced in Punjab in 1983 to suppress the emerging Khalistan Movement, but the Act was revoked in the late 90s. In addition to that, it also remained effective in the Meghalaya state until it was removed on April 1, 2018, making Meghalaya the last state to repeal it. The Act is currently operational in Assam, Nagaland, the Indian-occupied Jammu and Kashmir (since 1990), and Manipur (excluding Imphal municipal area) as well as in parts of Arunachal Pradesh.


The Act, rightly dubbed as a draconian law, is a constitutional abomination that should have been repealed a long time ago, since it violates basic human rights, giving sweeping powers to armed forces which they have abused on several occasions. Since the enactment of the AFSPA, Indian security personnel have tortured and killed innocent people with impunity and have injured and even raped women without ever being tried for those heinous crimes. In 2000, for example, security forces killed about 10 unarmed civilians in Nagaland’s Mon district. That incident prompted human rights activist Irom Chanu Sharmila to go on a hunger strike which she continued for almost 16 years. Numerous similar incidents have also taken place, particularly in the Indian-occupied Kashmir.

Since its imposition, the AFSPA legislation has been a bone of contention in India since it clearly violates the fundamental rights to life and liberty. These rights are entrenched in international laws such as the Universal Declaration of Basic Human Rights and the International Covenant on Civil and Political Rights. Interestingly, India is a signatory to both conventions. However, sadly enough, the central government has not disposed of the AFSPA yet. It sticks with it hoping that it will keep India united. To this effect, the successive Indian governments have termed the Act “Necessary Evil” to establish a bond between the states and the centre. On the other hand, Conard K Sangma, the Chief Minister of the State of Meghalaya, believes the AFSPA has been counterproductive and will lead to dire consequences.

Michael Safi in his article to The Guardian (11 November 2018) quoted Babloo Loitongbam, a human rights activist, as “it has created a category of Indian citizens who are killable people, rape-able women... We have a concrete record of at least 1,528 extrajudicial executions of civilians over the space of 33 years. And this is just the tip of the iceberg.”

Under the AFSPA, the military personnel cannot be tried in civilian courts unless the Centre approves such a trial and up to now not a single Indian soldier has been put behind bars for human rights violations.

Many people believe that the AFSPA has been used by certain elements to settle private scores. Hence, it is time the Indian government paid heed to the demands of the masses and revoked this brutal and repressive law. Headed by a former Supreme Court Judge Justice Jeevan Reddy, a five-member committee had made a strong recommendation in its report in 2005 for the immediate repeal of the AFSPA. The Indian government should honour this recommendation to do away with this lethal legislation.

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