Theme: Armed Forces (Special Powers) Act

No, it does not apply to all the North Eastern States. AFSPA, is not applicable in the states of Sikkim, Meghalaya and Tripura. Certain areas of Arunachal Pradesh and Imphal, Manipur are also not covered under the law.

The Armed Forces Tribunal has been made for the trial of persons in the Armed Forces, which may include persons from the Army, Navy or Airforce. The Tribunal looks into disputes and complaints with respect to appointments, conditions of service, disciplinary proceedings etc. The main branch of the Tribunal is in New Delhi but it has regional branches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur. The tribunals follow the normal procedure as practiced in the High Courts of India and all the proceedings are in English. Persons who are not in the armed forces cannot approach this Tribunal as this is only meant for the armed forces and their trial.

Jammu and Kashmir is divided into three divisions i.e. Jammu (10 districts), Kashmir Valley (10 districts) and Ladakh (2 districts). AFSPA applies only to the division of Kashmir Valley.

The AFSPA gives too much power to the Armed Forces, even to extent of killing someone only on the grounds of suspicion. This has been seen as opposed to the right to life as granted by the Constitution of India.

One can get bail depending upon the nature of the crime. The court will decide whether a person can be granted bail or not. Unlike in normal cases, under AFSPA the police can detain a person for a longer duration. The normal rule of producing a person before a magistrate within 24 hours does not apply in the case of AFSPA.

Yes, women can be booked under AFSPA.

Under this law the armed forces do not bother the civilians unless there are some grave situations. One can freely go to Kashmir as a tourist.

AFSPA can be revoked when the situation in a disturbed area turns to normal. The government has done that in many areas, such as in the state of Tripura in 2015 and from Punjab and Chandigarh in 1997.

Yes, as of now AFSPA is applicable in states where there are armed rebel groups and which become disturbed due to activities of these groups.

The State Governments can suggest whether the situation in the state demands implementation of AFSPA or not. However, the Governor or the Central Government can either accept or reject such a suggestion.