In News:

The Union Ministry of Home Affairs (MHA) is reviewing the scope of the Armed Forces (Special Powers) Act, 1958 (AFSPA) in the Northeast, especially in light of ongoing ethnic violence in Manipur and security reviews in Nagaland, Arunachal Pradesh, and Assam.

What is AFSPA?

• AFSPA (1958) empowers the armed forces to maintain public order in ‘disturbed areas’.
• It authorizes armed forces to:
  • Use force or open fire after due warning.
  • Arrest without a warrant.
  • Conduct searches without a warrant.
  • Enjoy legal immunity from prosecution without prior sanction of the Central Government.

Declaration of Disturbed Area

• A region is declared ‘disturbed’ through a notification in the Official Gazette.
• The declaration can be made by:
  • Governor of a State, or
  • Central Government.
• Duration: Notifications are valid for 6 months, reviewed periodically for extension or withdrawal.

AFSPA in Manipur: Recent Developments

• AFSPA was withdrawn from all valley police stations between April 2022–April 2023 due to improved law and order.
• However, after ethnic violence erupted on May 3, 2023, the Act was reimposed in 6 police stations across 5 districts (mostly in valley areas) as of November 14, 2024.
• At a review meeting on March 20, 2025, the Indian Army proposed re-imposition of AFSPA in 12 more police station limits in Manipur Valley for operational efficiency.
• President’s Rule has been in force in Manipur since February 13, 2025.
• The final decision on AFSPA expansion in Manipur will be taken by the MHA.

Status in Other Northeastern States

• The MHA held a multi-agency review on March 19, 2025, regarding AFSPA coverage in Nagaland, Arunachal Pradesh, Assam, and Manipur.
• Current Authority to Notify Disturbed Areas:
  • MHA: Nagaland and Arunachal Pradesh.
  • State Governments: Manipur and Assam.
• Possible De-Notification: One district in Assam may be removed from AFSPA coverage based on the latest review.

Legal and Administrative Background

• AFSPA came into force in Manipur in 1981.
• Manipur attained Statehood in 1972, earlier being a Union Territory.
• The Imphal Municipality area has remained outside AFSPA since 2004.
• The most recent “disturbed area” notification for hill districts in Manipur was issued on September 26, 2024.

States Under AFSPA (as of February 2025)

• Manipur
• Nagaland
• Arunachal Pradesh
• Assam
• Jammu and Kashmir