REFORMING THE ARMED FORCES (SPECIAL POWERS) ACT, 1958: A LEGAL AND HUMAN RIGHTS PERSPECTIVE IN LIGHT OF RECENT MANIPUR PROTESTS

AUTHOR – CHINTAN JAIN* & MS. SAUMYA SHUKLA**

* STUDENT AT UWSL, KARNAVATI UNIVERSITY, GANDHINAGAR, GUJARAT

** ASSISTANT PROFESSOR AT UWSL, KARNAVATI UNIVERSITY, GANDHINAGAR, GUJARAT

BEST CITATION – CHINTAN JAIN & MS. SAUMYA SHUKLA, REFORMING THE ARMED FORCES (SPECIAL POWERS) ACT, 1958: A LEGAL AND HUMAN RIGHTS PERSPECTIVE IN LIGHT OF RECENT MANIPUR PROTESTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 591-601, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research article critically evaluates the Armed Forces (Special Powers) Act, 1958 (AFSPA), with particular reference to its implementation in Manipur. While originally designed as a counter-insurgency law, AFSPA has drawn criticism for enabling systemic human rights abuses, militarization of civilian spaces, and erosion of constitutional protections. The 2024 Manipur protests serve as a critical backdrop, reflecting deep-rooted discontent and civil resistance against prolonged military rule. This paper examines the legal and constitutional framework of AFSPA, judicial interpretations, and the demands for reform. Drawing from domestic jurisprudence, international human rights instruments, and recommendations by expert committees, the study proposes targeted amendments and accountability mechanisms. A phased withdrawal strategy, combined with enhanced judicial oversight, is argued to be more feasible than complete repeal, striking a necessary balance between internal security and democratic governance.

Keywords: AFSPA, Manipur Protests, Human Rights, Constitutional Law, Security Laws, Judicial Oversight, Military Immunity, Legal Reform