In the North East of India, the army can open fire on a gathering of five or more people if they feel the need, and can do so without fear of prosecution.
The extraordinary powers are the result of the Armed Forces (Special Powers) Act, 1958 (AFSPA). Initially justified as a temporary means to contain an insurgency in the Naga hills of Assam, the act later extended to other areas of the North East. It gives special powers, liberties and impunity to Indian armed forces posted to ‘disturbed areas’. Arrest and search warrants are not required for any operation; army officers can fire upon and use lethal force on an unlawful assembly of five or more people or for the illegal possession of firearms; and no army personnel are prosecuted, unless sanctioned by the Indian Government. It gives the armed forces powers to arrest on insubstantial pretexts, conduct warrantless searches and shoot to kill without the fear of being held accountable.
Since it came into force, disturbing reports have emerged from the region. Soldiers allegedly raped and murdered Thangjam Manorama Devi during interrogation by paramilitary group the Assam Rifles; women were raped during ‘Operation Birdie’ in 1997-98; the Assam Rifles used women as human shields; a 13-year-old girl was gang-raped by five soldiers; and 14 women were raped in 1988. Moreover, AFSPA has caused human rights violations including enforced disappearances, faking an encounter with a criminal, and extrajudicial killings.
