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Armed Forces Special Powers Act: The Debate

Vivek Chadha (Editor) IDSA Monograph Series

The constitutional validity of the Armed Forces Special Provisions Act (AFSPA) has been upheld by the Supreme Court, but it remains controversial as it is considered anti-people. It has been enforced in Jammu and Kashmir and the North-east states of India to contain insurgency and extremism. What makes it controversial is that it gives the armed forces the licence to act with impunity and commit human rights violations without any accountability. The book examines the AFSPA in detail, covering its history, operation in Jammu and Kashmir. It presents a rights-based critique of AFSPA and scrutinises AFSPA in the light of humanitarian law. It argues that states are declared ‘disturbed’ for indefinite periods and the army is deployed for decades, as in Jammu and Kashmir. It views attempts by the armed forces to block efforts to investigate and punish the guilty even where clear cases of human rights violations have taken place.

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About the author

Vivek Chadha

Lt Col Vivek Chadha is presently at Army Headquarters, New Delhi. After graduating from the National Defence Academy, Pune, he was commissioned into the 8 Maratha Light Infantry during Operation Pawan (Sri Lanka). He has also served in Nagaland, Assam and Jammu and Kashmir. Lt Col Chadha’s previously published books are: Company Commander in Low Intensity Conflict: Principles, Preparation and Conduct (1997); The Book of Military Quotations (2001) and Soldiering (2003). He has also published a number of articles in periodicals like Infantry, Signalman, Infantry Plus and Pinnacle. Lt Col Chadha was awarded the United Service Institution of India, Center for Armed Forces Historical Research (USI-CAFHR), Maharana Pratap Chair for 2002-03. This book has arisen from research conducted during that period.

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Bibliographic information

Title Armed Forces Special Powers Act: The Debate
Author Vivek Chadha
Format Softcover
Date published: 10.09.2013
Edition 1st ed.
Publisher Lancers Books
Language: English
isbn 8170951291
length 127p., 23cm.