The killings reveal the special powers of Indian security forces, Reuters said

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© Reuters. PHOTO PHOTO: An Indian soldier is on guard duty when smoke escapes from the wreckage of an Indian Air Force helicopter after crashing on 27 February 2019 in the Budgam district of Kashmir. REUTERS / Danish Ismail
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NEW DELHI (Reuters) – The top ministers in India’s two border states on Monday called for the removal of a law that gives armed forces special powers to act in some northeastern regions affected by the uprising.
The push to repeal the 1958 Armed Forces (Special Powers) Act, known as the AFSPA, saw Indian security forces kill 13 civilians on Saturday in Nagaland in a case of apparent identity.
WHAT IS AFSPA?
Established by the Indian parliament in 1958, the AFSPA was originally set up to support armed forces trying to maintain order anywhere in the northeastern states of Assam and Manipur, which were initially designated as “mixed areas”.
In the late 1980s, the law was extended to seven northeastern states. AFSPA continues to operate in four states, including Nagaland, according to the Interior Ministry.
A similar law is in place in the conflict-torn northern region of Jammu and Kashmir, where there has been an armed uprising against New Delhi since the 1990s.
WHAT IS AFSPA?
When government authorities declare any part to be a “mixed area,” the AFSPA allows armed force personnel above a certain level to use force after giving due notice “even to the point of causing death”.
The law allows staff to make arrests, including on reasonable suspicion, and enter and search any premises without both orders.
It contains a provision for the destruction of structures where armed attacks are or may be carried out or which may be used by potential offenders.
The AFSPA also supports workers in its jurisdiction, stating that “no charges, lawsuits or other legal proceedings will be instituted, except for the previous sentence imposed by the central government.”
WHY IS THE LAW CONTROVERSY?
For many years, human rights activists and groups have said that the AFSPA has caused human rights violations, allowing members of the armed forces to act with impunity.
“The law has been at the center of concerns about human rights violations in the region, such as arbitrary killings, torture, cruel, inhuman or degrading treatment and forced disappearances,” the Hong Kong-based Asian Human Rights Commission said in 2011.
In a 2008 report, the human rights group Human Rights Watch said that the AFSPA violates the provisions of international human rights law, including the right to life, the right to protection from arbitrary detention and detention.
Indian authorities have said the law is necessary to help sustain the armed insurgency.
WHO WAS AGAINST THE LAW?
Persistent campaigns against AFSPA have been carried out in North East India, including a 16-year hunger strike in Manipur bordering Nagaland by human rights activist Irom Sharmila.
Sharmila began protesting in 2000 after Manipur security forces killed 10 civilians.
On Monday, Nagaland and nearby Meghalaya chief ministers called for the abolition of the AFSPA.
“Today the whole world is criticizing the AFSPA and now the Nagaland government wants to withdraw the AFSPA,” said Naghaland Prime Minister Neiphiu Rio.
In a tweet, Meghalaya’s chief minister Conrad Sangma said: “The AFSPA must be repealed.”
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