Administrative Reforms Commission for repealing Armed Forces (Special Powers) Act

The Administrative Reforms Commission in its report submitted to Prime Minister Manmohan Singh yesterday has recommended repealing of the controversial Armed Forces (Special Powers) Act (AFSPA).

New Delhi, June 26 : The Administrative Reforms Commission in its report submitted to Prime Minister Manmohan Singh yesterday has recommended repealing of the controversial Armed Forces (Special Powers) Act (AFSPA).

In its 342-page report on 'Public Order', the Commission recommended replacing AFSPA with a new law that would also enable the Central government to deploy paramilitary forces and the army.

The Second Administrative Reforms Commission Chairman, M Veerappa Moily, said: "Without amending the Constitution, we considered that a law should be enacted to empower Indian government to deploy its forces and even direct such forces in case of major public order problems which may lead to the breakdown of the constitutional machinery".

Moily, however, said conditions to use the law should be strict, and the enforcement should be temporary.

"However, such deployment should take place only if the State concerned fails to act on the direction issued by the Indian government under the Article 256 of the Indian Constitution. Also deployment should be only for a temporary period not exceeding three months, which could be extended to another three months after authorisation by the Parliament," he said.

Considering that the armed forces should not be deployed for longer than required, the Commission in its fifth report has suggested repealing the AFSPA.

Moily said: "Armed forces should be there, but they cannot be there for a longer period than required because then the very purpose would be defeated. Therefore, we ultimately came to the conclusion that it has to be examined to repeal the Act".

The AFSPA gives the army powers to detain and kill suspected rebels when they are fighting insurgents, without fear of prosecution. The Armed Forces (Special Powers) Act only applies to some areas in Kashmir and insurgency-affected states in North Eastern India.

Critics say the Army misuses the Act.

ANI