Armed Forces (Special Powers) Act, 1958 has been in place in the Jammu and Kashmir and certain regions in the North East for decades. The Act has been misused from time to time, resulting in harming civilians’ lives. The controversy surrounding the Act generally viewed as draconian law has been doing the rounds in academic and political circles for long. Army excesses under the garb of AFSPA have been noted vociferously by several commissions of inquiry. However, the immunity provided by the AFSPA has prevented prosecution of the erring security personnel. The Act has legal status. But is it morally and ethical okay to bestow such sweeping powers onto the army when its misuse has been a common knowledge? This paper argues that the problem in disturbed areas, especially in the North East region, requires going beyond empowering the army to protect the territory. It requires a different imagination of what India is – or ought to be.
AFSPA, Security Personnel, Governance, Moral Obligation
