Reconciling AFSPA with the Legal Spheres

The present paper analyses and examines the Armed Forces Special Powers Act (AFSPA) in respect of legal aspects. It first discusses it in terms of domestic law, international humanitarian law (IHL) and human rights law. Given India’s obligations under international human rights instruments going beyond domestic law is necessary in any such discussion. Ensuring complementarity between the Act in its application in armed conflicts and IHL, would contribute towards making the Act more ‘humane’. The second part discusses the Act from security perspectives. In doing so, it reaffirms that respect for human rights and humanitarian law in countering insurgency is of strategic import. In conclusion,it makes some recommendations for the military which will enable it ensure that AFSPA and the IHL complement each other.

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