Rohit Singh Mer asked: Do the CAPFs operating in disturbed areas of the Northeast also have the protection of AFSPA like the army?

Vivek Chadha replies: The Armed Forces (Special Powers) Act, 1958 (or AFSPA) is the one that relates to the Northeastern part of the country. The Act within its provisions allows for areas to be declared as disturbed. It is only after such a declaration that forces are given the mandate to operate along with powers prescribed under the Act. This includes searches, arrests and raiding suspected locations.

In Northeast India, the central police oganisations like the Central Reserve Police Force (CRPF) as well as the Assam Rifles, which in contrast is a paramilitary force, do come under the purview of AFSPA. However, it must be borne in mind that this is only when an area is declared disturbed. The same Central Armed Police Force (CAPF) or the Para Military Force (PMF) will not have the support of AFSPA in areas that are not deemed as disturbed. In such a case, laws such as the Criminal Procedure Code (CrPC) and Assam Rifles Act, 2006 will continue to remain the supporting legal provision.

Posted on January 25, 2021

Views expressed are of the expert and do not necessarily reflect the views of the Manohar Parrikar IDSA or the Government of India.