Armed Forces Special Powers Act in India

Only available on StudyMode
  • Download(s) : 1652
  • Published : December 9, 2012
Open Document
Text Preview
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 REDDY COMMISSION
6. NON- STATE REACTIONS TO THE ACT AND COMMENTRY
7. NON- GOVENRMENTAL ORGANIZATIONS ANALYSIS OF THE ACT
8. SOCIAL IMPACTS OF THE ACT
a. IROM SHARMILA- IRON LADY OF MANIPUR
b. WOMEN’S MOVEMENTS IN MANIPUR- EMERGENCE OF THE MEIRA PAIBIS 9. CONCLUSION
10. BIBLIOGRAPHY

-------------------------------------------------
INTRODUCTION

The primary purpose of the Armed Forces (Special Powers) Act [which will from now on be referred to as ‘Act’] of 1958 is to defend the country from external aggression. The Act has been enforced in the regions of Jammu and Kashmir and in the North East of India in order to maintain internal security in these states. The Act has been termed as the one of the more draconian legislations the Indian Parliament has passed. Of late, there have been numerous social movements that ask for the repeal of this Act. However, the Government continues to maintain that the act is necessary in order to prevent the North East states from seceding from the Indian Union. In this research paper, we will focus on the enactment of this act in the North East. We will give a brief background on the Act and its provisions. We will then talk about the various arguments that have been given in favor of the Act, followed by international reactions to the act. In the latter part of our paper, we will discuss about the Jeevan Reddy commission and the social implications of the Act. In our conclusion, we will state in brief our opinions on the Act.

-------------------------------------------------
HISTORY OF THE ACT

The inhabitants of the Naga Hills had come together under the banner of the Naga National Council (NNC). They inspired for a common homeland and self-governance. The Naga leaders were against Indian rule over them once the British left. Hence, the Hydari Agreement was signed between the NNC and the British administration. Under this agreement, Nagaland was granted protected status for a period of ten years beginning from the date of departure of the British from India. At the end of ten years, it would up to the Naga leaders to decide whether they wanted to be a part of the Union or not. However, shortly after the British left, independent India proclaimed that the Naga territory was a part of the Indian Union. The NNC then proclaimed Nagaland’s independence. As a result, the Indian leaders retaliated and began arresting Naga leaders. This led to an armed struggle between the Indian leaders and those of Naga, resulting in large casualties on both sides. On 22nd May, 1958, Dr. Rajendra Prasad, the then president of India, promulgated an ordinance known as the Armed Forces (Assam and Manipur) Special Powers Act. This was done in response to the growing unrest in these areas. Section 3 of the Ordinance powers the Governor of Assam and the Chief Commissioner of Manipur to declare the whole or any part of Assam or the Union territory of Manipur, as the case may be, to be a disturbed area. On such a declaration being made in the Official Gazette, any Commissioned Officer, Warrant Officer, non-commissioned officer or any other person of equivalent rank in the armed forces may exercise, in the disturbed...
tracking img