AFSPA extended in Nagaland for 6 more months even as MHA panel mulls 'repeal' option

Despite the vociferous demand for the withdrawal of the Armed Forces Special Powers Act, the Ministry of Home Affairs extended the application of this law in Nagaland for a period of 6 more months. In a Gazette notification dated Thursday, the MHA argued that the use of Armed Forces in aid of civil power is necessary as the whole of Nagaland is in a "disturbed and dangerous" condition. On December 20, the Nagaland Assembly had unanimously adopted a resolution urging the Centre to repeal AFSPA from the state following the uproar on the killing of civilians in Oting.

AFSPA repeal demand

Enacted on September 11, 1958, to bring the situation under control in conflict-hit areas, AFSPA was initially implemented in the Northeast followed by Punjab. This law empowers the Armed Forces personnel to use force even to the extent of causing death, destroy structures used as hideouts, training camps, or from where attacks are likely to be launched and arrest anyone without a warrant. In Jammu and Kashmir, a separate law- Armed Forces (Jammu and Kashmir) Special Powers Act has been in place since July 5, 1990. 

On December 23, Union Home Minister Amit Shah chaired a key meeting which was attended by Nagaland CM Neiphiu Rio, Nagaland Deputy CM Y Patton, NPFLP leader TR Zeliang and Assam CM Himanta Biswa Sarma. They decided that a committee headed by MHA Additional Secretary N-E will be formed to look into the possibility of withdrawing AFSPA from Nagaland. This panel will submit its report within 45 days and a decision on repealing the aforesaid law shall be taken based on its recommendations. 

Moreover, they reaffirmed that the Army personnel involved in the killings of civilians in Oting will be suspended with immediate effect. Moreover, the state government announced that it will provide government jobs to the next of the kin of the deceased persons and impressed upon Shah to immediately replace the Assam Rifles unit in Mon district. In a statement issued on December 26, the Nagaland delegation thanked the Union Home Minister and the Centre for "positively responding" to the voice of the people. 

The Nagaland civilian killing

On the evening of December 4, 6 coal mine labourers were killed in an ambush by security forces while they were returning to the Oting village of the Mon district in Nagaland. Subsequently, there was a backlash from angry locals leading to the death of 8 more civilians as well as one security personnel. Maintaining that the security forces was carried out based on "credible intelligence inputs" on the likely movement of insurgents, the Indian Army expressed regret on the incident and its aftermath and assured that appropriate action will be taken after a Court of Inquiry concludes its investigation.