Armed Forces Special Powers Act in India

8058 Words Nov 28th, 2012 33 Pages
ARMED FORCES (SPECIAL POWERS) ACT, 1958

SOCIOLOGY

COURSE CODE: SS1103

COURSE INSTRUCTOR: Dr. ANJANA HAZARIKA

GROUP: B * ATUL DIWAKAR * JOANNA BARRETTO * SIDDHARTH AGARWAL * SAUMYA PRAKASH

------------------------------------------------- INDEX

1. INTRODUCTION

2. STATEMENT OF OBJECTS AND REASONS FOR THE ACT

3. THE ARMED FORCES (SPECIAL POWERS) ACT, 1958

a. THE ACT b. SPECIAL PROVISIONS UNDER THE ACT c. SECTIONS OF THE ACT 4. DEFENCES TO THE ACT a. INTRODUCTION b. NECESSITY c. LEGALITIES AT THE TACTICAL LEVEL d. OTHER ASPECTS e. LOOKING AHEAD 5. JEEVAN
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It then came to be known as the Armed Forces (Special Powers) Act, 1958. Today, the Act enforced in the seven North Eastern states of Assam, Manipur, Tripura, Meghalaya, Andhra Pradesh, Mizoram and Nagaland. Similarly, the Act was enforced in Jammu and Kashmir in 1990. This was done in order to prevent the violence which ensued, following the defeat of the leaders of the Muslim United Front (MUF) in the elections of 1987.

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THE ARMED FORCES (SPECIAL POWERS) ACT, 1958:

a. THE ACT:
The Parliament of India passed the Armed Forces Special Powers Act on September 11, 1958. The Act grants special powers to the armed forces in lieu of areas, which the Act classifies as “disturbed areas”. It extended to the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. Later it was also extended to the state of Jammu & Kashmir.
The Articles in the Constitution of India allows a State government to declare emergency in the following situations: * Failure of the administration and the local police to tackle local issues. * Return of (central) security forces leads to return of miscreants/erosion of the "peace dividend". * The scale of unrest or instability in the state is too large for local forces to handle.
Cases such as this bring forth the State government’s prerogative to call for the