NEW DELHI (Reuters), – The chief ministers of the two Indian border states called on Monday for the withdrawal from a law that grants special rights to the armed forces in order to exercise their powers in northeastern insurgent regions.

After 13 innocent civilians were killed by Indian security forces in Nagaland, Saturday’s alleged case of mistaken identity, the AFSPA was repealed.

What is the AFSPA?

In 1958, the Indian parliament passed the AFSPA. It was first created in support of armed forces who were trying to keep order in areas of northeastern Assam and Manipur.

The law had been expanded to seven Northeastern states by the end of the 1980s. According to the home ministry, the AFSPA is still in operation in four states including Nagaland.

Similar laws are also in effect in Jammu and Kashmir’s disputed north region, which has seen an insurgency against New Delhi since the 1990s.

What does the AFSPA include?

Once any area is declared “disturbed”, the AFSPA allows armed forces personnel of a particular rank to use force, provided they are given prior warning and “even to the causing death”.

It allows personnel to arrest on reasonable suspicion and go into any place and search for evidence – without a warrant.

It also includes provisions to eliminate structures where armed attacks have been made or are expected to be made.

The AFSPA provides protection for personnel who act under its jurisdiction. It states that no prosecution, suit, or other legal proceeding may be initiated, except with prior approval from the central government.

WHY IS THE LAW CONTROVERSIAL

Human rights groups and activists have claimed for years that the AFSPA led to violations of human rights, but allowed members of the armed force to continue to act with impunity.

According to the Hong Kong-based Asian Human Rights Commission, “The Act is at the center of concern about violations of human rights in the region, including arbitrary killings and torture, cruel and inhumane treatment, and enforced disappearances.”

Human Rights Watch reported in 2008 that the AFSPA is in breach of international human rights laws, including the right for life and protection from arbitrary arrests or detentions.

Indian officials maintain that law must be followed to stop insurrections.

WHO HAS BEEN OBSERVING THE LAW?

Sustained protests against the AFSPA were held in India’s northeast. This included a 16-year old hunger strike led by Irom Sharmila (a Manipur-based human rights activist).

Sharmila’s protest began in 2000, after 10 innocent civilians were massacred in Manipur.

Monday’s call by the chief ministers in Nagaland and Meghalaya for the abolition or modification of the AFSPA was made by the Chief Ministers of Nagaland.

Nagaland Chief Minister Neiphiu RIO stated that AFSPA is being criticized by the entire world and that the Nagaland government now wants it to be canceled.

Conrad Sangma (Meghalaya Chief Minister) tweeted, “AFSPA should not be repealed.”