Armed Forces Special Powers Act: The Debate

The constitutional validity of the Armed Forces Special Provisions Act (AFSPA) has been upheld by the Supreme Court, but it remains controversial as it is considered anti-people. It has been enforced in Jammu and Kashmir and the North-east states of India to contain insurgency and extremism. What makes it controversial is that it gives the armed forces the licence to act with impunity and commit human rights violations without any accountability. The book examines the AFSPA in detail, covering its history, operation in Jammu and Kashmir. It presents a rights-based critique of AFSPA and scrutinises AFSPA in the light of humanitarian law. It argues that states are declared ‘disturbed’ for indefinite periods and the army is deployed for decades, as in Jammu and Kashmir. It views attempts by the armed forces to block efforts to investigate and punish the guilty even where clear cases of human rights violations have taken place.