Published Paper Details:

The Armed Forces Special Protection Act (AFSPA) is a law that seeks to protect national security in situations of foreign disturbance. This legitimizes the presence of the military in places where the civil administration can inform as troubled areas. Though the objective of the act is to secure peace and order in disturbed areas, however it poses grave concerns to the human rights of the people living in those areas. In many instances, it is reported that the cases of human rights abuse have committed by the forces with impunity. As stated above, the aim of the AFSPA is to bring peace and stability to the disturbed areas, contrary to this basic objective, there are allegations that the Army uses excessive force while implementing it. Human surveys and the Commission formed by the Government of India have defined and argued that this law has not accomplished its objective of curbing military and rebellion and restoring normality in the affected areas. It is further suggested that the use of armed forces should be restricted in democracy, and the continued presence of the army that indicate the government's inability to address this issue through a democratic and constitutional method. Even the north-eastern areas have been identified as disturbed, while hostilities have not been reported for decades and no casualties have been reported. In view of this current scenario, the current study analyzes the position of AFSPA in the North-Eastern State and its consequences for the security of the State. This research also discusses the historical context of the AFSPA clamping in the north-eastern states and human problems since its inception. Finally, it argues that ways and means in which the interest and rights of the people of north-east to be protected under the constitutional mechanisms.