Critical evaluation of armed forces (special powers) act, 1958: Sovereignty first

India is often identified by the power of its people, a democracy in a rather developed form- “by the people, of the people, for the people”. We, however, seldom appreciate the irony that lies in the use of sovereignty to achieve democracy. The answer really lies in the act of balancing the use of power to instate fairness and egalitarianism. One such legislation, that time and again questions the abuse of power to instate peace, is the Armed Forces (Special Powers) Act, 1958 (AFSPA). Having been initially introduced in the Seven Sister States, it was extended to Jammu and Kashmir in July 1990. This alleged draconian law has faced criticism for the uninhibited and arbitrary powers bestowed by it to the armed forces. Armed forces being given the power to rightfully shoot, based on a mere suspicion. This has given rise to animosity amongst the citizens, arising out of fear of rampant shootings for the sake of “maintenance of public order”. With absolute immunity provided under Section 6 of the Act, no lawful legal proceeding can be brought against any member of the armed force acting under AFSPA, without the prior permission of Central Government of India. This provision acting as a shield for the perpetrators of heinous crimes is another lacuna present in the Act. Precisely quoted by the famous British politician, Lord Acton, “Power corrupts, Absolute power corrupts absolutely”. The abundance of subjectivity and lack of restraint has made AFSPA a perpetrator of violence and abuse. However, the question really is, can such absolute power be allowed to violate all fundamental rights guaranteed to the citizens by our Constitution; Can humanity be allowed to suffer without oversight? As India transforms into a superpower, it will have to strive towards balancing the use of powers. We are a Sovereign Republic and the protection of our independence is foremost, nevertheless, with a conscientious damage to humanity. India is a Sovereign, Socialist, Secular, Democratic Republic. The suppression of the rights of its citizens at the behest of an impactful yet questionably tyrannical law like AFSPA, ought to be re-evaluated.