UPSC Mains 2015 GS3 Q17 — Internal Security
Human rights activists constantly highlight the view that the Armed Forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human rights abuses by the security forces. What sections of AFSPA are opposed by the activists ? Critically evaluate the requirement with reference to the view held by the Apex Court. (Answer in 200 words)
Question Decoded — examiner's intent
- Directive verbs
- Critically evaluate
- Scope keywords
- AFSPA, 1958draconian acthuman rights abusessections of AFSPA are opposedview held by the Apex Court
- Implicit sub-parts
- Identification of specific contentious sections (Sec 3, 4, 6) and why they are labeled draconian.
- The operational necessity/justification for AFSPA in 'disturbed areas' from a national security perspective.
- Analysis of the Supreme Court's stance in the Naga People's Movement for Human Rights v. Union of India case and the Extra Judicial Execution Victim Families Association case.
- Assessment of the Jeevan Reddy Committee recommendations as a bridge between security and rights.
- Common pitfalls
- Vague criticism of the act without citing specific sections like Section 4 (power to shoot to kill) or Section 6 (immunity from prosecution).
- Failing to mention the 2016 SC judgment which clarified that there is no absolute immunity even under AFSPA.
- Writing a purely emotional or one-sided human rights critique without acknowledging the 'security requirement' dimension mentioned in the prompt.
- Neglecting the procedural safeguards mandated by the Supreme Court (the 'Dos and Don'ts').
- Dimensions required
- Legal-ConstitutionalNational SecurityHuman Rights/EthicalJudicial/Jurisprudential
- Marks allocation hint
Spend approximately 40-50 words identifying Sections 3, 4, and 6 to satisfy the first part. Devote the bulk (110-120 words) to the critical evaluation, ensuring a balanced view between security needs and the Supreme Court's 'restraint' doctrine. Use the remaining 30-40 words for a forward-looking conclusion mentioning the phased withdrawal or committee recommendations.
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