What is AFSPA?

The Armed Forces (Special Powers) Act (AFSPA), 1958 is a parliamentary law that grants extraordinary powers to the Indian armed forces in regions classified as "disturbed areas." It was enacted on 11 September 1958 to deal with the Naga insurgency in the then composite state of Assam and was later extended to other northeastern states and Jammu & Kashmir.

Under AFSPA, the Central Government or the Governor of a State can declare any area as a "disturbed area" under Section 3 of the Act. Once declared, armed forces personnel receive sweeping legal protections and operational authority under Section 4, including the power to use lethal force after due warning.

The Act has been one of India's most controversial security legislations, drawing criticism from human rights organisations, civil society, and committees like the Justice B.P. Jeevan Reddy Committee (2005), which recommended its repeal. However, the government rejected this recommendation, citing security imperatives.

Key Features

# Feature Details
1 Enacted 11 September 1958; separate Act for J&K passed in 1990
2 Disturbed Area Declaration Section 3 empowers Centre/Governor to notify any area as "disturbed"
3 Power to Use Force Section 4(a) — fire upon or use force, even to the causing of death, after due warning
4 Arrest Without Warrant Section 4(c) — arrest any person without warrant on reasonable suspicion
5 Search Without Warrant Section 4(d) — enter and search any premises without warrant
6 Legal Immunity Section 6 — no prosecution or legal proceedings without prior Central Government sanction
7 Applicability Currently applicable in parts of Manipur, Nagaland, Arunachal Pradesh, Assam, and J&K
8 Review Committees Justice Jeevan Reddy Committee (2005) recommended repeal; SC in Extra Judicial Execution Victim Families Association v. Union of India (2016) held that armed forces cannot use excessive force

Current Status / Latest Data

  • As of March 2026, AFSPA is in force in parts of Manipur (entire state except Imphal Municipal area), Nagaland (9 districts including Dimapur, Mon, Kiphire), Arunachal Pradesh (select districts), Assam (select districts), and the UT of Jammu & Kashmir.
  • In September 2025, the government extended AFSPA for six months (October 2025 to March 2026) in parts of Manipur, Nagaland, and Arunachal Pradesh.
  • In March 2026, Nagaland was again declared "disturbed" for six more months from 1 April 2026.
  • AFSPA has been fully withdrawn from Tripura (2015), Meghalaya (2018), and Mizoram (1980s).

UPSC Exam Corner

Prelims: Key Facts

  • AFSPA was enacted in 1958 under Article 355 (duty of Union to protect states)
  • Section 3 — declaration of disturbed area; Section 4 — special powers to armed forces
  • Section 6 — legal immunity requiring Central Government sanction for prosecution
  • Justice B.P. Jeevan Reddy Committee (2005) recommended repeal of AFSPA
  • AFSPA does not apply to Tripura, Meghalaya, or Mizoram currently

Mains: Probable Themes

  1. Balancing national security with human rights — is AFSPA still necessary?
  2. Federalism and Centre-State relations in disturbed area declarations
  3. Evaluate the recommendations of the Jeevan Reddy Committee
  4. Impact of AFSPA on civil liberties in the Northeast and J&K
  5. Role of judiciary in checking excesses under AFSPA (Extra Judicial Execution case, 2016)

Sources: PIB — AFSPA Extension, AFSPA Wikipedia, Drishti IAS — AFSPA, PMF IAS — AFSPA