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Consider the following statements with reference to Armed Forces (Special Powers) Act
(AFSPA)
1. It can be enacted only when a state or a part of it is declared ‘disturbed’.
2. Armed forces have an absolute immunity for acts done under AFSPA.
3. Currently, it is applicable on Jammu & Kashmir and all states of Northeast.
Q. Which of the statements given above is/are correct?
  • a)
    Only 1
  • b)
    1 and 2
  • c)
    Only 2
  • d)
    1,2 and 3
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Consider the following statements with reference to Armed Forces (Spec...
The Armed Forces (Special Powers) Act was enacted in 1958 to bring under control what thegovernment of India considered ‘disturbed’ areas.According to The Disturbed Areas (Special Courts) Act, 1976 once declared ‘disturbed’, the area has to maintain status quo for a minimum of 3 months.In most cases, for example during elections, when the local police may be stretched too thin tosimultaneously handle day-to-day tasks, the central government obliges by sending in the BSF and the CRPF. Such cases do not come under the purview of AFSPA. AFSPA is confined tobe enacted only when a state, or part of it, is declared a 'disturbed area'. Continuedunrest, like in the cases of militancy and insurgency, and especially when borders arethreatened, are situations where AFSPA is resorted to.
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Most Upvoted Answer
Consider the following statements with reference to Armed Forces (Spec...

Explanation:

Statement 1: It can be enacted only when a state or a part of it is declared ‘disturbed’.
- This statement is correct. AFSPA is a law that grants special powers to the armed forces in 'disturbed areas'. The act defines a 'disturbed area' as an area where the use of armed forces is necessary to maintain public order.

Statement 2: Armed forces have an absolute immunity for acts done under AFSPA.
- This statement is incorrect. While AFSPA does provide certain legal protections to the armed forces for their actions in disturbed areas, it does not grant them absolute immunity. The armed forces are still subject to the rule of law and can be held accountable for any excesses or violations of human rights.

Statement 3: Currently, it is applicable on Jammu & Kashmir and all states of Northeast.
- This statement is incorrect. AFSPA is currently in force in Jammu & Kashmir and in several states of the Northeast region, but not in all states of the Northeast. It is up to the central government to decide when and where to enforce AFSPA based on the prevailing security situation.

Therefore, the correct answer is:
a) Only 1
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Consider the following statements with reference to Armed Forces (Special Powers) Act(AFSPA)1. It can be enacted only when a state or a part of it is declared ‘disturbed’.2. Armed forces have an absolute immunity for acts done under AFSPA.3. Currently, it is applicable on Jammu & Kashmir and all states of Northeast.Q. Which of the statements given above is/are correct?a)Only 1b)1 and 2c)Only 2d)1,2 and 3Correct answer is option 'A'. Can you explain this answer?
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