Lok Sabha Question No. 2292 (UNSTARRED), answered on 2016-11-29
Subject: Extension of AFSPA
Ministry: HOME AFFAIRS
Asked by: SUNIL BALIRAM GAIKWAD, GAJANAN CHANDRAKANT KIRTIKAR, VIJAY KUMAR S.R., SUDHEER GUPTA, KUNWAR HARIBANSH SINGH, ASHOK SHANKARRAO CHAVAN, T. RADHAKRISHNAN, BIDYUT BARAN MAHATO

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2292.

TO BE ANSWERED ON THE 29 TH    NOVEMBER, 2016/ AGRAHAYANA 8, 1938 (SAKA)

## EXTENSION OF AFSPA

2292.

DR. SUNIL BALIRAM GAIKWAD:

SHRI GAJANAN KIRTIKAR:

SHRI S.R. VIJAYAKUMAR:

SHRI SUDHEER GUPTA:

KUNWAR HARIBANSH SINGH:

SHRI ASHOK SHANKARRAO CHAVAN:

SHRI T. RADHAKRISHNAN:

SHRI BIDYUT BARAN MAHATO:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  States  and  regions  in  the  country  where  the  Armed  Forces (Special Powers) Act (AFSPA) is operational;

(b)  whether  the  Armed  Forces  (Special  Powers)  Act  (AFSPA)  has  been extended by six months in the State of Assam and the 20 KM wide belt of Meghalaya bordering the State recently and if so, the details thereof and the reasons therefor;

(c)  whether  the  State  Government  of  Assam  has  recently  suggested  to the  Union  Government to prepare a roadmap to withdraw armed forces from civilian conflict management in the northeast and replace them with trained local police;

(d)  if  so,  the  details  thereof  and  the  response  of  the  Union  Government thereto; and

(e) the measures taken/being taken by the Government to check human rights violations by armed forces in the said region of the country?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU)

(a) to (e): Armed Forces Special Powers Act (AFSPA) is currently operational in:

- (i): Assam;
- (ii): Nagaland;

(iii):  The State of Manipur excluding Imphal Municipal Area;

(iv): Tirap,  Changlang and  Longding  districts  in  Arunachal  Pradesh  and the areas falling within the jurisdiction of the 16 police stations/police out post  in  the  districts  of  the  Arunachal  Pradesh  bordering  the  State  of Assam;

(v): 20 km wide belt bordering Assam in the State of Meghalaya;

(vi): Entire State of J&K except the districts of Kargil and Leh (Ladakh).

AFSPA has been extended by six months in the State of Assam and 20 Km  wide  belt  of Meghalaya  bordering  the  State of  Assam  vide Notification S.O. 3382(E), dated 4.11.2016 as the law and order situation in the State of Assam has continued to be a matter of concern due to violent incidents and activities by insurgent groups.

## L.S.US.Q.NO.2292 FOR 29.11.2016

## L.S.US.Q.NO.2292 FOR 29.11.2016

The  state  Govt.  of  Assam  has  not  suggested  any  such proposal to replace armed forces with trained local police.

A mechanism is already in place for preventing misuse of powers under the Armed Forces (Special  Powers)  Act.  Guidelines  containing  'Do's  &Don't's' for the Armed Forces deployed in Counter Insurgency Operations have been issued  as  per  the  directions  of  Supreme  Court  in  the  matter  of  Naga People's  Movement  of  Human  Rights  versus  Union  of  India.    Violation  of these  guidelines  by  members  of  the  Armed  Forces  make  them  liable  for prosecution  under  the  Army  Act  and  the  respective  Acts  of  the  Central Armed Police Forces.  The Human Rights Cell established at various levels of Army and the Central Armed Police Forces regularly monitor complaints on  human  rights  violations,  by  the  members  of  the  Armed  Forces.    The troops  are  sensitized  at  regular  intervals  regarding  the  importance  of upholding Human Rights.

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