Author(s): Mayong Tikhak, Dr. Rumi Dhar and Sonia Nath

Abstract: The Constitutionality of the Armed Forces Special Power Act, 1958 has been debated for decades. Human rights laws are seen to be violated by the severe provisions of the Act. Still, the Act remains in force in a number of Northeastern states since it designated the area as a disturbed area. The Act was implemented to eliminate the insurgency problems in Northeastern states and restore peace in the region. A region may be designated as a "Disturbed area" by the Central Government in accordance with Section 3 of the Act if it is in such a hazardous or disturbed state that the use of military troops to support civil authority is required.Three districts in Arunachal Pradesh—Tirap, Changlang, and Longding—have been designated as disturbed areas because of the effect of the Naga insurgency. However, the military forces are given unprecedented latitude to conduct operations and typically abuse this provision when an area is designated as disturbed. The phrase "disturbed area" has a negative effect on the region's social and economic development, particularly in the tourism sector, as well as the unhindered conduct of daily life. Neither an industrial business nor a higher education institution is located in the area since it is seen unfavorably by the public due to the Act's classification of it as a disturbed area.In this paper, the authors will critically analyses the impact of the title “disturbed area” and other provisions of the Act which effects the social and economic growth. The authors will study by using partly doctrinal and partly empirical methods to find out the outcomes and sum up with the suggestion and conclusion.

Pages: 80-84 | Views: 769 | Downloads: 414

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