Evolution and objective of the Armed Forces (Special Powers) Act, 1958 (AFSPA)

The Armed Forces (Special Powers) Act, 1958 (AFSPA), remains one of the most debated legislations in India, balancing the imperatives of national security and the protection of fundamental rights. Enacted in response to insurgency in the North-East, the Act grants extraordinary powers to armed forces in areas declared “disturbed.” This article examines the historical evolution, legislative intent, and objectives of AFSPA while critically analysing its legal framework. It further explores judicial interpretations through landmark decisions, highlighting how courts have attempted to reconcile security needs with constitutional guarantees. The study reveals that while AFSPA was conceived as a temporary measure to restore public order, its prolonged application raises significant concerns regarding accountability, human rights, and the rule of law. The article concludes by emphasising the need for reforms that ensure both effective security measures and protection of civil liberties in a democratic framework.