Extension of Armed Forces (Special Powers) Act, 1958 (AFSPA)

What is AFSPA?

• Legality: Armed Forces (Special Powers) Act), 1958
• It confers special powers on the armed forces in areas declared as “disturbed areas”.
• The objective is to enable the armed forces to operate in aid of civil power in areas facing serious security disturbances.
• Under Section 4, authorised personnel can:  
• Use force, including lethal force in specified circumstances, after due warning.
• Act against violations of orders prohibiting assembly of five or more persons or carrying weapons/firearms.
• Arrest without warrant in specified circumstances.
• Search premises without warrant and seize certain articles.
• Destroy arms dumps, fortified positions or structures used as shelters by armed groups, subject to the Act.
• The arrested person must be handed over to the nearest police station with the least possible delay.
• What is a “disturbed area” and who has the power to declare it?
  
• Area disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.
• Under Section 3, an area can be declared “disturbed” when the Governor, Administrator of a Union Territory or Central Government is of the opinion that the area is in such a disturbed or dangerous condition that the use of armed forces in aid of civil power is necessary.
• Origin of AFSPA
  
• Enacted in 1958 against the backdrop of armed insurgency in the Northeast.
• It was initially enacted as the Armed Forces (Assam and Manipur) Special Powers Act, 1958 and subsequently extended/amended in its present territorial form.
• The Act's original statutory extent covered the Northeast, although its application has subsequently been geographically reduced in several States.
• AFSPA was:
  
• Removed from Tripura in 2015
• Withdrawn from Meghalaya in 2018
• Reduced in several areas of Assam, Nagaland and Manipur as security conditions improved.
• Current Position:
  
• Manipur
  
• From 1 October 2026, the entire State remains under the “disturbed area” declaration except areas under 13 police stations across five districts. 
• The declaration is for six months unless withdrawn earlier.
• This is significant because the geographical footprint had previously been reduced in phases, particularly in parts of the Imphal Valley, before the security situation deteriorated again.
• Nagaland: AFSPA has been extended from 1 October 2026 in:
• Arunachal Pradesh: It continues in Tirap, Changlang, and Longding and areas under Namsai, Mahadevpur and Chowkham police stations in Namsai district.
    

Why is the AFSPA being continued? 

• Persistent insurgent networks: Armed groups and unresolved political issues continue to affect security in parts of the Northeast.
• Difficult border geography: Porous international borders and difficult terrain complicate surveillance and policing.
• Limited policing capacity in remote areas: Difficult terrain and conflict conditions can constrain conventional policing.
• Unresolved political settlements: The Naga political issue remains an important component of the security environment.
• Ethnic conflict: The Manipur crisis demonstrated how large-scale ethnic violence can exceed the capacity of conventional policing alone.

Conclusion:

The long-term objective of internal security policy should be normalisation, not indefinite exceptionalism. A sustainable counter-insurgency strategy must combine calibrated security deployment with accountable policing, political dialogue, development and restoration of civilian institutions.