The Armed Force Special Power Act was enacted in order to maintain first and foremost peace in "disturbed states of North-East India and the State of Jammu and Kashmir. This act empowers an officer of the armed forces, in an area that is declared as 'disturbed' to • Fire upon or use other kind of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order, after giving such due warning. • Destroy any arms dump, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence • To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest. • To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it. • Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons. • Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest. • Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review. • Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act. There has been several protests and campaigns to remove this Act, but in my view this Act should not be removed for the reason that it helps in maintaining peace and security of the nation against terrorism and other alien forces. Without this act, there will arise threat to National Security of India as the country is eyed constantly by other countries like Pakistan and China, creating constant turmoil in the neighboring states. With this act such turmoils can be removed and safe the country from being occupied by these enemy countries. What are your views? Do you think this Act is justified?
I totally agree with you and support this act. It should not be removed because because of this very act there is peace to a certain extent in the country. The act empowers the Armed force office of disturbed area to take certain actions in order to maintain the peace and tranquility of the area. Because of this very act undoubtedly many innocent people have been killed, suspecting them to be terrorist or anti-nationals but if these powers were not conferred upon them, Jammu and Kashmir would have been taken by Pakistan and Arunachal Pradesh by China. This acts in a ways protects the whole nation.
