Introduction
The Armed Forces (Special Powers) Act (AFSPA), enacted in 1958, is one of India’s most controversial laws, conferring sweeping powers on the armed forces in areas declared "disturbed" by the government. While intended to address insurgency and maintain public order, its implementation has led to the militarization of Indigenous territories, the labeling of Indigenous people as terrorists, and widespread allegations of extrajudicial killings and violence against rights defenders.
Militarization Under AFSPA: The Legal Framework
AFSPA grants armed forces the authority to:
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Fire upon or use force, even to the extent of causing death, against individuals acting against law and order in disturbed areas.
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Arrest without warrant anyone suspected of committing cognizable offenses.
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Enter and search premises without consent.
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Enjoy immunity from prosecution for actions taken under the Act, unless sanctioned by the central government.
These powers are exercised in regions with significant Indigenous populations, notably in Northeast India (Arunachal Pradesh, Assam, Manipur, Nagaland) and Jammu and Kashmir.
Labeling and Criminalization of Indigenous Peoples
The militarization of Indigenous territories has often been accompanied by the labeling of Indigenous communities and their leaders as "terrorists," "militants," or "separatists." This criminalization serves to delegitimize Indigenous resistance and advocacy for rights, autonomy, and self-determination. Rights defenders and activists are frequently accused of supporting insurgency, making them targets for surveillance, arbitrary detention, and violence.
Extrajudicial Killings and Human Rights Violations
Reports and documented incidents reveal a pattern of extrajudicial killings-often referred to as "encounters"-in which security forces kill civilians alleged to be militants or terrorists, frequently without due process. For example:
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In December 2021, Indian security forces killed 13 unarmed Indigenous civilians in Mon District, Nagaland, mistaking them for insurgents. The incident sparked outrage and highlighted the risks faced by Indigenous communities under AFSPA.
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From 2017 to August 2021, over 6,000 such "encounters" were recorded in India, many involving Indigenous people in militarized regions.
These acts are often justified by authorities as necessary for national security, but critics argue they amount to systematic human rights abuses, including arbitrary killings, disappearances, and torture.
Impact on Indigenous Rights Defenders
Indigenous rights defenders-those advocating for land, cultural, and political rights-are particularly vulnerable. They are frequently:
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Subjected to arbitrary arrests and fabricated charges.
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Vilified as threats to national security.
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Victims of violence, intimidation, and even assassination.
The climate of fear and impunity created by AFSPA undermines democratic participation, silences dissent, and erodes trust between Indigenous communities and the state.
Broader Consequences of Militarization
The militarization of Indigenous territories under AFSPA has far-reaching consequences:
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Suppression of legitimate political movements for self-determination and autonomy.
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Disruption of traditional livelihoods and displacement due to military operations and land occupation.
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Psychological trauma and social fragmentation within Indigenous communities.
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Obstacles to justice, as legal immunity for armed forces makes accountability rare.
Conclusion
The use of AFSPA in Indigenous territories exemplifies the dangers of conflating security with militarization. By labeling Indigenous people as terrorists and granting security forces extraordinary powers with near-total impunity, the Act has facilitated extrajudicial killings and widespread violence against Indigenous rights defenders. Addressing these issues requires not only legal reform but also a fundamental shift toward recognizing and respecting the rights, dignity, and aspirations of Indigenous peoples.
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