Amnesty calls for repeal of AFSPA again

8 November 2013

Amnesty International's latest report on AFSPA's calling for its repeal drawing upon the Verma Committee and the Hedge Commission

The Armed Forces Special Powers Act: Time For A Renewed Debate in India on Human Rights and National Security

For decades, The Armed Forces (Special Powers) Act (AFSPA) has enabled serious human rights violations to be committed by soldiers in Jammu & Kashmir (J&K) and parts of northeast India, and shielded those responsible. Attempts to challenge the AFSPA have been met with weak responses from authorities, and little apparent commitment to tackle impunity.

In 2013, two high-level official committees released damning reports1 highly critical of the way the AFSPA facilitated sexual violence and extrajudicial executions. The reports of the Justice Verma Committee and the Justice Hegde Commission supported calls made to authorities by the UN2 and Indian bodies3 to address the abuses committed under the AFSPA and end the effective impunity enjoyed by security forces.

These two reports have renewed debates on the special powers granted to security forces in India and their impact on human rights. This briefing examines recent developments and outlines the ongoing rights violations being committed in areas where the AFSPA is in force. Amnesty International India urges the Government of India to repeal the Armed Forces Special Powers Acts, 1958 and 1990.

The Armed Forces Special Powers Act

The Armed Forces (Special Powers) Act, 1958, and a virtually identical law, the Armed Forces (J&K) Special Powers Act, 1990, have been in force since 1958 in parts of Northeast India, and since 1990 in J&K. The laws provide sweeping powers to soldiers, including the power to shoot to kill in certain situations and to arrest people without warrants. They also provide virtual immunity from prosecution by requiring prior permission from the Central Government before security personnel can be prosecuted. This permission is almost never given. The law has facilitated grave human rights violations, including

Download the full report here - PDF ( 264 KB)