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What legal requirement is necessary before prosecuting armed forces personnel under the Armed Forces (Special Powers) Act (AFSPA), 1958?
- a)Approval from the Supreme Court
- b)Permission from the state government
- c)Sanction from the Central Government
- d)Consent from local authorities
Correct answer is option 'C'. Can you explain this answer?
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What legal requirement is necessary before prosecuting armed forces pe...
Legal Requirement Under AFSPA
The Armed Forces (Special Powers) Act (AFSPA), 1958, is a controversial legislation in India that grants special powers to the armed forces in areas deemed "disturbed." One crucial aspect of this act is the legal requirement necessary for prosecuting armed forces personnel.
Sanction from the Central Government
- Before any prosecution of armed forces personnel under AFSPA can take place, it is mandatory to obtain prior sanction from the Central Government.
- This requirement is designed to protect armed forces personnel from frivolous lawsuits and ensure that only serious allegations are pursued.
Implications of the Requirement
- The need for Central Government sanction creates a barrier to legal accountability for armed forces personnel.
- This has led to debates regarding human rights and the impact of AFSPA on civilians in disturbed areas.
Context of the Act
- AFSPA was enacted to deal with insurgency and maintain public order in conflict zones.
- The act allows armed forces to use force, arrest without warrant, and conduct searches in areas designated as disturbed.
Conclusion
- In summary, the requirement of obtaining sanction from the Central Government before prosecuting armed forces personnel under AFSPA emphasizes the balance between national security and legal accountability.
- It reflects the complexities involved in addressing security challenges while safeguarding human rights.
The Armed Forces (Special Powers) Act (AFSPA), 1958, is a controversial legislation in India that grants special powers to the armed forces in areas deemed "disturbed." One crucial aspect of this act is the legal requirement necessary for prosecuting armed forces personnel.
Sanction from the Central Government
- Before any prosecution of armed forces personnel under AFSPA can take place, it is mandatory to obtain prior sanction from the Central Government.
- This requirement is designed to protect armed forces personnel from frivolous lawsuits and ensure that only serious allegations are pursued.
Implications of the Requirement
- The need for Central Government sanction creates a barrier to legal accountability for armed forces personnel.
- This has led to debates regarding human rights and the impact of AFSPA on civilians in disturbed areas.
Context of the Act
- AFSPA was enacted to deal with insurgency and maintain public order in conflict zones.
- The act allows armed forces to use force, arrest without warrant, and conduct searches in areas designated as disturbed.
Conclusion
- In summary, the requirement of obtaining sanction from the Central Government before prosecuting armed forces personnel under AFSPA emphasizes the balance between national security and legal accountability.
- It reflects the complexities involved in addressing security challenges while safeguarding human rights.
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What legal requirement is necessary before prosecuting armed forces pe...
Under the AFSPA, 1958, any prosecution of armed forces personnel requires prior sanction from the Central Government. This provision aims to protect military personnel from legal proceedings in regions designated as disturbed areas, ensuring that military operations are not hindered by civil litigation. Interestingly, AFSPA has been a topic of significant debate in India, with critics arguing that it grants excessive powers to the military and can lead to human rights violations.
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What legal requirement is necessary before prosecuting armed forces personnel under the Armed Forces (Special Powers) Act (AFSPA), 1958?a) Approval from the Supreme Courtb) Permission from the state governmentc) Sanction from the Central Governmentd) Consent from local authoritiesCorrect answer is option 'C'. Can you explain this answer?
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