ARMED FORCES TRIBUNALS

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In News

• The Union Defense Minister has stated that the Government has taken various steps to empower the Armed forces tribunal (AFT) to make the body more responsive.
• The Minister has also highlighted the need and significance of timely delivery of justice to military personnel, and veterans and their families.

 

Armed Forces Tribunal

• It is a statutory body under the Armed Forces Tribunal Act 2007.
• The main bench is located in New Delhi and 10 regional benches across the country.
  • Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur.
• Each Bench includes judicial members and Administrative members.
  • Judicial Members are to be retired High Court Judges.
  • Administrative Members are retired Members of the Armed Forces who have held the rank of Major General or equivalent or above for 3 years or more.
• Only a retired Supreme Court judge or a retired Chief Justice of the High Court can become the chairperson of the Tribunal.
• The Tribunal has the power to adjudicate disputes and complaints related to commission, appointments, enrolments and conditions of service concerning;
  • The Army Act, 1950
  • The Navy Act, 1957
  • The Air Force Act, 1950
• The Tribunal functions according to the Armed Forces Tribunal (Procedure) rules, 2008.
• All proceedings of the tribunal are in the English language.
• The Tribunal normally follows the procedure practiced in High Courts.

Armed Forces Special Powers Act (AFSPA)

• The Armed Forces Special Powers Ordinance of 1942 was enacted by the British colonial government on 15 August 1942 to suppress the Quit India Movement.
  • After Independence, the Ordinance was imposed by the Indian government to deal with the internal security situation which emerged due to the Partition of India.
• Article 355 of the Constitution of India confers power to the Central Government to protect every state from internal disturbance.
• Armed Forces Special Powers Act (AFSPA) was enacted by the Parliament in 1958.
• The Act provides special powers to the Indian Armed Forces to preserve public order in "disturbed areas". AFSPA is to be enacted only when a state, or part of it, is declared as a 'disturbed area'.
• According to the act, once an area is declared as 'disturbed', it remains under the category for a minimum of 6 months.
• In the late 1960s, it was 1st made applicable to the Naga Hills, then part of Assam.
  • One by one, it expanded to the parts of Assam, Nagaland, Manipur, and Arunachal Pradesh.
• In 1983, the law was extended to Punjab and Chandigarh, but it was withdrawn in 1997.
• In 1990, it was applied to Jammu and Kashmir.

 

Special Powers under AFSPA: According to the Armed Forces Special Powers Act (AFSPA), in an area that is announced as "disturbed", an officer of the armed forces has powers to:

• Arrest anyone without a warrant and may use force if needed for the arrest.
• If a person acts against law or order in the disturbed area, then army personnel are allowed to Fire after giving a warning or use other kinds of force even if it causes death.
• Enter and search any area or shelter to make arrests, they also have the power to destroy that area or shelter.
• Power to stop and search any vehicle or vessel.
• Any person arrested and taken into custody shall be handed over to the officer in charge of the nearest police station.
• Army officers have legal immunity for their actions. There can be no prosecution or any other legal proceeding against anyone acting under that law.
• The Government's Power to declare an area as a ‘disturbed area’ is not under judicial review.

 

Present Status

• The Act was amended in 1972 and the powers to declare an area as a “disturbed area” were granted to the Central government along with the States.
• For only Nagaland and Arunachal Pradesh, the Union Home Ministry issues a “disturbed area” notification to extend AFSPA.
• The notification for Manipur and Assam is issued by the State governments.
• Tripura revoked the Act in 2015 and Meghalaya revoked it in 2018.
• Jammu and Kashmir have had a separate Armed Forces (Special Powers) Act 1990.
• In 2016, the Supreme Court of India ended the immunity of the armed forces from prosecution under AFSPA.

 

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