ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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AFSPA: The Misuse of Power

The misuse of the Armed Forces (Special Powers) Act suggests that it deserves to be completely rewritten or scrapped. 

Justice (Retd) Madan B Lokur writes:

Why do people believe that the Armed Forces (Special Powers) Act, 1958 or AFSPA is a draconian legislation? A constitution bench of the Supreme Court dealt with its constitutional validity and, in 1997, held that the law is constitutionally valid and does not suffer from the vice of arbitrariness (Naga People’s Movement of Human Rights v Union of India, 1997). In theory, the decision is undoubtedly correct but not on the grounds of implementation.

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Updated On : 6th Jan, 2022


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