International Journal For Multidisciplinary Research

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The Armed Forces (Special Powers) Act in Nagaland: Constitutional, Legal, and Human Rights Perspectives

Author(s) Imtimatsung
Country India
Abstract The Armed Forces (Special Powers) Act (AFSPA), enacted in 1958 as a temporary security measure to counter insurgency in India’s Northeast, has remained in force in Nagaland for over six decades, raising profound constitutional, legal, and human rights concerns. This paper critically examines the legal foundations of AFSPA, its compatibility with fundamental rights under the Indian Constitution, and its compliance with international human rights obligations. Drawing on judicial pronouncements, government reports, and personal testimonies, the study argues that AFSPA institutionalizes impunity, erodes democratic accountability, and perpetuates intergenerational trauma among the Naga population. The analysis explores how the partial withdrawal of AFSPA in 2022 and its subsequent re-extension in 2025 reflect an ambivalent state policy oscillating between peacebuilding rhetoric and militarized governance. Personal narratives illustrate the lived experiences of violence, fear, and civil resistance under prolonged military presence. The study concludes that AFSPA has outlived its original mandate and now functions more as a political instrument than a security necessity. It calls for a rights-based approach to internal security grounded in constitutional values, transitional justice, and institutional accountability. The findings contribute to broader debates on federalism, state violence, and the challenges of democratization in conflict-prone regions.
Keywords AFSPA, Constitutional Law, Human Rights, Militarisation, Nagaland
Published In Volume 7, Issue 4, July-August 2025
Published On 2025-07-27
DOI https://doi.org/10.36948/ijfmr.2025.v07i04.52312
Short DOI https://doi.org/g9whw4
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