The Armed Forces (Special Powers) Act (AFSPA), 1958 grants special powers to the armed forces in “disturbed areas” to maintain public order and national security.
Objectives of the Armed Forces (Special Powers) Act, 1958:
- Maintain Public Order- Empowers armed forces to restore peace and stability in disturbed areas with internal security threats.
- Counter Insurgency- Facilitates operations against insurgency, terrorism, and activities threatening national integrity.
Scope of the Act:
- Special Powers- Grants armed forces authority to arrest, search, and use force (including lethal) in disturbed areas without warrants.
- Applicable Areas- Applies to regions declared as “disturbed” by the central or state government, primarily in Northeast India and Jammu & Kashmir.
Currently, the Armed Forces (Special Powers) Act (AFSPA) is fully or partially applicable in the following states:
- Nagaland: Applicable in most districts, though some areas have seen partial withdrawal.
- Assam: Applicable in select districts and areas, not the entire state.
- Manipur: Applicable in most of the state, except for the Imphal municipal area.
- Arunachal Pradesh: Applicable only in specific districts and areas bordering Assam.
Additionally, AFSPA remains in force in Jammu and Kashmir under a separate act.
It has been completely withdrawn from Tripura, Meghalaya, and Mizoram.
The 1960 Indus Waters Treaty, mediated by the World Bank, was a rare example of sustained India-Pakistan cooperation. Its suspension by India marks a major strategic shift, linking water diplomacy with national security.
Implications of Suspension:
- Linking Water with National Security-
- India’s move reflects a shift from cooperative water sharing to a coercive strategic tool in response to cross-border terrorism.
- Aligns with the doctrine: “blood and water cannot flow together.”
- Enhanced Control over Western Rivers-
- Suspension grants India greater control over Indus, Jhelum, and Chenab rivers—previously earmarked for Pakistan’s unrestricted use.
- Opens doors for increased hydropower generation and flood control in Jammu & Kashmir.
- Diminished Pakistani Leverage-
- Pakistan, being the lower riparian and highly dependent (80% of water) on the Indus system, faces significant agricultural and urban water stress.
- Loss of guaranteed water flow weakens Pakistan’s bargaining power and heightens internal vulnerabilities.
- Geopolitical Recalibration
- Signals India’s intent to recalibrate the 1960 framework in light of climate change, national interest, and security threats.
- Enhances India’s negotiating position for a possible treaty renegotiation or regional water realignment.
- Legal and Diplomatic Repercussions
- While the IWT has no exit clause, unilateral suspension may be seen as violating international norms.
- Potential global criticism could impact India’s image as a rules-based actor, especially with the World Bank’s involvement.
- Limited Short-Term Impact
- India lacks sufficient infrastructure to fully utilize or divert Western rivers, limiting immediate strategic gain.
- Suspension is largely symbolic unless backed by large-scale hydrological investments.
