Shopian Fake Encounter and the AFSPA debate: A dilemma of National Security vs Human Rights
- Mukul Bharadwaj

- Mar 8, 2023
- 2 min read
The Shopian fake encounter case has been widely condemned by human rights organizations and activists, who have criticized the Indian Army for violating human rights and undermining the rule of law. The case has also highlighted the need for greater transparency and accountability in the armed forces, particularly in conflict zones where the AFSPA is in effect.
The Armed Forces Special Powers Act (AFSPA) is a controversial law that grants special powers to the Indian armed forces in certain regions designated as "disturbed areas". Under the AFSPA, the armed forces are given broad powers to arrest, search, and use force, without the need for a warrant or judicial oversight. The law has been in force in parts of Jammu and Kashmir and Northeast India for several decades, and has been the subject of intense debate and controversy.
It has been argued that AFSPA is necessary to maintain law and order in regions affected by insurgency and militancy. The law provides necessary protection to armed forces personnel who are operating in difficult and dangerous conditions, and helps to deter violence and protect civilians.
Critics, however, argue that the AFSPA is a draconian law that violates human rights and encourages impunity. They argue that the broad powers granted to the armed forces under the law have led to widespread abuses, including extrajudicial killings, torture, and disappearances. Critics also argue that the law has had a detrimental impact on civil liberties, and has fueled resentment and mistrust towards the armed forces among local populations. The question of whether or not the AFSPA should be abolished is a complex one, with no easy answers. Some argue that the law should be repealed, as it violates basic human rights and undermines the rule of law. They argue that the government should instead focus on addressing the root causes of insurgency and militancy, and work to win the hearts and minds of local populations. Others argue that the AFSPA is necessary to maintain law and order in regions affected by insurgency and militancy. They argue that the law provides necessary protection to armed forces personnel who are operating in difficult and dangerous conditions, and helps to deter violence and protect civilians.




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