LEGAL AND ETHICAL CHALLENGES OF COUNTERINSURGENCY OPERATIONS: EVALUATING AFSPA’S ROLE IN MANIPUR
AUTHORS – HIJAM ROSHAN SINGH1 & DR. S. JAMES2
1 PHD RESEARCH SCHOLAR, DEPARTMENT OF DEFENCE & STRATEGIC STUDIES, MANIPUR INTRANATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA
2 PROFESSOR, DEPARTMENT OF DEFENCE & STRATEGIC STUDIES, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR-795140, INDIA
BEST CITATION – HIJAM ROSHAN SINGH & DR. S. JAMES, LEGAL AND ETHICAL CHALLENGES OF COUNTERINSURGENCY OPERATIONS: EVALUATING AFSPA’S ROLE IN MANIPUR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 743-748, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The Armed Forces (Special Powers) Act (AFSPA) has remained a contentious legal instrument in India, particularly in insurgency-affected regions like Manipur. While the Act provides sweeping powers to the armed forces for maintaining public order, it has raised serious concerns regarding human rights violations, legal accountability, and ethical governance. This paper examines the constitutional validity, legal framework, and ethical dilemmas surrounding AFSPA in Manipur, analyzing its impact on rule of law, civilian rights, and counterinsurgency efficacy.1 By exploring judicial interpretations, case studies, and international legal perspectives, the study highlights the complex interplay between national security imperatives and fundamental rights. The findings suggest that a balanced approach, incorporating accountability mechanisms and human rights safeguards, is necessary for effective counterinsurgency strategies without compromising democratic principles. This research critically evaluates how AFSPA’s provisions create a framework that often prioritizes state security over civil liberties, leading to a culture of impunity among armed personnel. Through an analysis of contemporary case studies and legal precedents, the study highlights the tensions between constitutional protections and the extraordinary measures enacted in the name of national security. Additionally, it examines the implications of these dynamics on local communities, the judicial system, and the broader pursuit of peace and stability in the region. Ultimately, this evaluation seeks to contribute to the ongoing discourse on necessary reforms to ensure that counterinsurgency efforts respect fundamental rights while effectively addressing security challenges.
Keywords: AFSPA, Counterinsurgency, Human Rights, Legal Framework, Rule of Law, National Security.