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September 10, 2025

The Armed Forces (Special Powers) Act in Nagaland: Constitutional, Legal, and Human Rights Perspectives

Puntos clave

AFSPA has facilitated ongoing state violence and human rights abuses in Nagaland, eroding democratic values.
Key findings include the act's incompatibility with constitutional rights and the perpetuation of trauma among locals.
The analysis relies on judicial rulings, reports, and narratives that underscore the act's detrimental effects on civil societies.
Future implications call for a reevaluation of AFSPA and demand a transition towards a rights-based approach in conflict zones.

Resumen

The Armed Forces (Special Powers) Act (AFSPA), enacted in 1958 as a temporary security measure to counter insurgency in India’s Northeast, has remained in force in Nagaland for over six decades, raising profound constitutional, legal, and human rights concerns. This paper critically examines the legal foundations of AFSPA, its compatibility with fundamental rights under the Indian Constitution, and its compliance with international human rights obligations. Drawing on judicial pronouncements, government reports, and personal testimonies, the study argues that AFSPA institutionalizes impunity, erodes democratic accountability, and perpetuates intergenerational trauma among the Naga population. The analysis explores how the partial withdrawal of AFSPA in 2022 and its subsequent re-extension in 2025 reflect an ambivalent state policy oscillating between peacebuilding rhetoric and militarized governance. Personal narratives illustrate the lived experiences of violence, fear, and civil resistance under prolonged military presence. The study concludes that AFSPA has outlived its original mandate and now functions more as a political instrument than a security necessity. It calls for a rights-based approach to internal security grounded in constitutional values, transitional justice, and institutional accountability. The findings contribute to broader debates on federalism, state violence, and the challenges of democratization in conflict-prone regions.

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