Just ten days after the Supreme Court of India ruled on September 17 to quash the criminal proceedings against 30 Army personnel involved in the Oting killings, the Union Government has once again declared most parts of Nagaland ‘disturbed’ under the Armed Forces (Special Powers) Act, 1958.
The Supreme Court’s ruling was based on technical grounds, stating that the case against the Army personnel can proceed if the Centre grants its sanction—a sanction that is unlikely to be given.
In April 2023, the Ministry of Home Affairs refused to grant the sanction needed for the criminal proceedings initiated by the Nagaland Police, following the findings of a Special Investigation Team.
The Armed Forces (Special Powers) Act, 1958, mandates the Centre’s sanction to prosecute army personnel for actions taken while on duty in “disturbed areas,” granting the army sweeping powers to search, arrest, and open fire if deemed necessary for “the maintenance of public order.” This law has been in effect in Naga-inhabited areas of Assam and Manipur since 1958 and was later extended to most parts of the Northeast in 1972 after the region’s reorganization.
How can a people live, grow, and thrive as a democracy when they are subjected to a draconian colonial-era military law like AFSPA for over 65 years? It is time to dismantle this oppressive framework and allow the Naga people the freedom to determine their own future.
According to the latest notification extending AFSPA, which occurs every six months ad infinitum, Mangkolemba, Mokokchung-I, Longtho, Tuli, Longchem, and Anaki ‘C’ police stations in Mokokchung District are designated as ‘disturbed’ areas under AFSPA.
To contextualize, this means that the Indian Army can intrude into your home if you live in Kumlong ward, but not if your house is in Aongza ward. Kumlong and Aongza are neighboring wards in Mokokchung town, with the former falling under PS-1 and the latter under PS-2.
That’s how absurd yet oppressive AFSPA is.