Pros And Cons Of The AFSPA

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Sections 4(b) of the AFSPA which gives armed forces licence to destroy any hideouts or shelter from which attack are made or likely made is in clear violation of the Indian Constitution. In many times Supreme Court of India in a judgement after judgement that absconding by itself is not conclusive either of guilt or of a guilty conscience. In this case the presumption of innocence against the one who is absconded is not respected. It is clear that in the eyes of Indian armed forces every place whether it is church or market or school or college can be looked upon with suspicion from where armed attacks can be made. It is very routine activities in Manipur to destroy the anything which is suspicion to them. Section 4(d) of the AFSPA allows the armed forced to ‘recover (…) any arms, ammunition or explosive substances believed to be unlawfully kept in such premises and may for that purpose use such force as may be necessary’. Meanwhile, Section 4(b) further provides that, if a member of the armed forces is ‘of the opinion that it is necessary to do so’, he may: ‘destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as a training camp for armed volunteers or utilised as a hide-out by armed gangs or…show more content…
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a

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