AFSPA and Indian Armed Forces

MAJ Kavish Aggarwala

doi:10.36948/ijfmr.2025.v07i02.39232

AFSPA and Indian Armed Forces

Author(s)	Mr. MAJ Kavish Aggarwala
Country	India
Abstract	Indian armed forces personnel may belong to different communities, regions, services, regiments, units, ranks, age groups, and different periods of the post-independence history of India. But what is common to all of them is the feeling of patriotism and the display of the highest level of valour on the battlefield. Symbolizing the ethos and values such as devotion to duty, esprit de corps, honesty, honour, non-discrimination, and spirit of selfless sacrifice, they lived up to the motto: “One for all and all for one”. In some states, the enjoyment of human rights by members of the armed forces is disproportionately restricted by the constitution or by law. For instance, in many countries, armed forces personnel are not allowed to fully exercise their rights to freedom of speech and freedom of assembly. As a consequence, armed forces personnel are hindered from speaking for themselves or voicing concern about cases of human rights violations. As the closed nature of military institutions can exacerbate this situation, it is important for governments to ensure that human rights are protected in the barracks. This study outlines certain human rights violations and restrictions imposed on army personnel and draws attention to the need of the hour to reconsider the laws applicable to the army in light of their service. In this study, various laws and their applicability pertaining to the laws related to the Indian Armed Forces, such as the Armed Forces Special Powers Act (AFSPA), UAPA, POTA, etc. are being dealt in extenso, keeping human rights of the Armed Forces as the cynosure of the study. This paper also examines the role of the two organs of the State, i.e. Legislature and the Judiciary in safeguarding the human rights of the Indian Armed Forces, as the Courts should be conscious of the fact that they are the last bastion of hope for the people. It is the trust and confidence of the people in the fearless, flawless administration of justice and safeguarding the rights of every citizen which is of supreme importance for the survival of democracy and the progress of the nation.
Keywords	AFSPA, POTA, Constitution of India, Human Rights, Insurgency, and Indian Armed Forces.
Published In	Volume 7, Issue 2, March-April 2025
Published On	2025-03-16
DOI	https://doi.org/10.36948/ijfmr.2025.v07i02.39232
Short DOI	https://doi.org/g882jh

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AFSPA and Indian Armed Forces

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