AFSPA in Northeast India: Latest Extension, Key Provisions and Internal Security Challenges

Why in News?

The Ministry of Home Affairs has extended the Armed Forces (Special Powers) Act, 1958 (AFSPA) in specified areas of Manipur, Nagaland and Arunachal Pradesh for another six months from October 1, 2026. The extension follows a review of the law-and-order situation in the three northeastern states.

What is AFSPA?

• The Armed Forces (Special Powers) Act, 1958 provides certain special powers to the armed forces when deployed in an area declared a “disturbed area.”
• Under Section 3, the Central Government or the competent State Government can declare an area as disturbed when the situation makes the use of armed forces necessary for maintaining public order.
• Once AFSPA is applicable, armed forces personnel receive specified operational powers, including powers relating to arrest, search and use of force, subject to the conditions prescribed under the Act.
• The Act also provides legal protection for certain actions taken in the exercise of powers under the Act, with prosecution-related safeguards under Section 7.

Why is AFSPA Important for Internal Security?

• The Northeast has historically faced challenges related to insurgency, armed groups, inter-community tensions, difficult terrain and international borders.
• AFSPA provides the armed forces with an operational framework for assisting civil authorities in areas where the security situation is considered sufficiently disturbed.

Why is AFSPA Important for Northeast India?

The Northeast is strategically significant because of its:

• International borders with China, Myanmar, Bangladesh and Bhutan 
• Difficult mountainous and forested terrain 
• History of insurgency and armed groups 
• Ethnic and inter-community tensions 
• Connectivity with Southeast Asia under the Act East Policy 

In such areas, the armed forces may be deployed in support of civil administration when ordinary policing capabilities are considered insufficient to deal with the security situation.

AFSPA: Security vs Accountability

AFSPA creates a difficult policy balance between operational effectiveness and civilian accountability.

• Security Perspective: Supporters of the legislation argue that armed forces operating in insurgency-affected areas require adequate legal and operational powers to respond quickly to armed threats.
• Accountability Perspective: Critics have raised concerns about the possibility of excessive use of force, alleged human-rights violations and difficulties in ensuring accountability.

Therefore, the key governance challenge is to ensure that security personnel have adequate operational capability while mechanisms for investigation, oversight and accountability remain effective.

Key Issues Associated with AFSPA

1. Human Rights Concerns

The extraordinary powers available to security personnel have generated concerns regarding alleged excessive use of force, custodial deaths, disappearances and accountability.

These concerns have contributed to demands for stronger safeguards and greater transparency.

2. Accountability

Critics have particularly focused on the legal protection available to personnel operating under AFSPA.

The challenge is to ensure that legitimate counter-insurgency operations can continue while credible allegations of abuse are investigated effectively.

3. Prolonged Application

Repeated extensions raise an important policy question: whether extraordinary security legislation should remain applicable for extended periods or whether its geographical scope should be progressively reduced as the security situation improves.

4. Trust Deficit

Long-term military deployment can affect relations between security forces and local communities. Consequently, counter-insurgency measures need to be accompanied by political dialogue, development, institution-building and confidence-building measures.

Way Forward

• A sustainable approach to AFSPA should combine security requirements with democratic accountability.
• Periodic and evidence-based reviews can help determine whether an area continues to meet the conditions for a disturbed-area declaration. Where the security situation improves, the geographical scope of AFSPA can be reduced in a calibrated manner.
• At the same time, strengthening local policing, intelligence capabilities, border management, political dialogue and development infrastructure can reduce dependence on extraordinary security provisions.
• The objective should be to create conditions in which normal civil administration and policing can progressively assume the primary responsibility for internal security.

Important Points

• AFSPA: Armed Forces (Special Powers) Act, 1958.
• Section 3: Deals with declaration of an area as a disturbed area.
• Section 4: Provides specified special powers to armed forces personnel in disturbed areas.
• Section 7: Provides safeguards relating to prosecution/legal proceedings against persons acting under the Act.
• AFSPA is not applicable uniformly across the entire Northeast; its geographical application is determined through notifications.
• The present extension in the three states is for six months from October 1, 2026, unless withdrawn earlier.

Frequently Asked Questions