Centre bestows on itself powers to declare any area in J&K 'disturbed' under AFSPA

New Delhi: The central government has bestowed on itself the authority to declare any area in the newly-created Union Territories (UTs) of Jammu and Kashmir, and Ladakh as "disturbed" under the controversial AFSPA, which gives sweeping powers to security forces to act against any suspect.

Till the bifurcation of the erstwhile state of Jammu and Kashmir on Thursday, the state government through district magistrates were empowered to declare a particular district or police station area "disturbed" under the AFSPA, in which security forces can detain, search and even fire any suspect without warrant and gives immunity to the soldiers for such acts.

According to a government notification, administration of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 (21 of 1990) in both the Union Territories is now vested with the Department of Jammu, Kashmir and Ladakh Affairs under the Ministry of Home Affairs (MHA).

The AFSPA is imposed in areas where armed forces are required to operate in aid to civil authorities. For the AFSPA to become valid, an area, however, needs to be declared "disturbed" either by the central or the state government under the Act.

The AFSPA has applied to the erstwhile state since 1990. However, Leh and Kargil areas under the new UT of Ladakh were never declared as disturbed.

With the bifurcation of the state, the police and law and order of both the UTs would be managed by the MHA through the respective Lieutenant Governors of the two UTs.

The nomenclature of the MHA wing, Department of Jammu and Kashmir Affairs (Jammu tatha Kashmir Vibhag), has also been changed to Department of Jammu, Kashmir and Ladakh Affairs (Jammu, Kashmir aur Ladakh Vibhag) with the bifurcation of the state and creation of the two UTs.