Army Control of a Disturbed Area

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When it appears to the government that a dangerous situation has developed in a certain area of the country and it requires the armed forces to take control of that area, such an area is declared as a disturbed area. The provisions of AFSPA apply in such disturbed areas.

To declare an area as a ‘disturbed area’ there must exist a grave situation of law and order on the basis of which the Governor/Administrator can form an opinion that the area is in such a disturbed or dangerous condition that the use of armed forces is necessary.

Such a declaration has to be for a limited duration and there should be a periodical review of the declaration before the expiry of six months.

The government has to do this declaration through a notification in the Official Gazette, which is a periodical publication which contains public or legal notices.

Example: The Government of India declared Jammu and Kashmir as a disturbed area in 1990. It was declared a disturbed area because of the rise in insurgency and militancy during that time.

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