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Policy Paper

The Armed Forces Special Powers Act (AFSPA): Legal impunity to kill

Author:

Saqib Wani

London school of Economics and Political Science, GB
About Saqib
Master of Public Administration, Class of 2022, The London School of Economics and Political Science
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Abstract

There are laws and legal mechanisms which facilitate abuse inherently and have been misused to dehumanize and conduct gross human rights violations in the name of the state and for the national interest. A deeper look reveals how instead of serving the national interest, such draconian laws have been a primary cause of alienation and discontent amongst the populations they apply to. Facilitating a state of exception within the state itself, such laws have taken from the populations of such “disturbed areas”, their basic rights to life and liberty and thereby reducing them as subservient to the whims of human judgment with little to no recourse to justice from the law itself. This paper is an attempt to analyze the Armed Forces Special Powers Act (AFSPA) and provides evidence on how it has been misused countless times and recommends its repeal and modification to ensure justice is not massacred by the law itself.
How to Cite: Wani, S., 2022. The Armed Forces Special Powers Act (AFSPA): Legal impunity to kill. The Public Sphere: Journal of Public Policy, 10(1).
Published on 20 Apr 2022.
Peer Reviewed

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