By Srijan Sharma

The recent announcement by Union Home Minister Amit Shah regarding the potential removal of the Armed Forces (Special Powers) Act, (AFSPA) in Jammu & Kashmir is noteworthy. The government claims that it shows their broader vision for the region and aligns with the Prime Minister's vision of a "Naya Kashmir." With the Lok Sabha elections drawing near, attention is shifting towards Jammu & Kashmir, especially since the Union Territory is poised for elections in September. Following the repeal of Article 370, the government appears to be addressing AFSPA, a matter of critical concern in the region. From a security and strategic perspective, removing the AFSPA could undermine Pakistan's psychological operations in the area, paving the way for comprehensive development. However, it is crucial for the government to consider the broader implications of such a move.

The History

The Armed Forces (Special Powers) Act traces back to colonial times, specifically to the Armed Forces Special Powers Ordinance of 1942. This ordinance was introduced by the British colonial government on August 15, 1942, to quell the Quit India Movement with an operation named Zero Hour. The essence of the ordinance lingered post-independence, leading to the introduction of four distinct ordinances aimed at addressing the turmoil during the partition in 1947. These ordinances were tailored for Bengal, Assam, East Bengal, and the United Provinces, each designated as disturbed areas requiring special attention from the armed forces.

Following partition, India faced significant challenges, particularly in the Northeast, where Naga insurgencies led to widespread unrest. In response to the escalating situation and the potential for it to affect other regions, the Indian Parliament enacted the Armed Forces (Assam and Manipur) Special Powers Ordinance on May 22, 1958, which came into effect on September 11, 1958.

Initially designed to manage insurgencies in the Northeast, the application of AFSPA expanded over time to Punjab and Jammu & Kashmir (J&K), regions that experienced heightened militancy. The 1990s, in particular, marked a turbulent period in J&K, characterised by the exodus of Kashmiri Pandits, a spike in terrorism, and increasing radicalisation.

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