In this paper, my major concern is with the arbitrary law-enforcement by the state in the name of promoting security, but in the process sacrificing the basic human rights of the people. The case study, which I will be using, is that of the Armed Forces Special Powers Act (1958), a law enforced in India to ensure peace and security in ‘disturbed areas’. The aim of this paper is to capture and explore the tension between guaranteeing fundamental freedoms and ensuring the security of citizens, and how this balance is often compromised by states leading to situations of crises. The paper will analyse the theoretical underpinnings of the debate, mainly focusing on the ‘role of the state’ and ‘liberty vs security’, through the social contract theory amongst others, but locating these within the framework of ‘human rights and justice’. This tension will be critically analysed through the lens of a ‘rights-based’ critique of the case study and extending it to propose a solution to this issue.
Political theory, Security dilemma, AFSPA, India
