International Legal Ramifications Of AFSPA In Nagaland: A Cross-Border Perspective

Nipun Gandhi, Indian Law Institute, Delhi

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ABSTRACT

The Armed Forces (Special Powers) Act (AFSPA), 19581, stands as an uncompromising shield for India’s sovereignty, confronting insurgency and foreign-backed threats with resolute authority. Far from being a draconian imposition, AFSPA is the backbone of national defence in volatile regions like Nagaland, where domestic uprisings and extraterritorial conspiracies threaten to dismantle the fabric of India’s unity. Empowered by Article 3552 of the Indian Constitution, AFSPA arms the state with extraordinary powers to declare “disturbed areas” and deploy the military to enforce order, neutralize insurgencies, and crush secessionist ambitions. This paper boldly defends AFSPA’s constitutionality and necessity, dismantling criticism that prioritizes idealism over national survival. Under utilitarian principles, the Act delivers unmatched efficacy, reducing insurgency-related incidents and enabling governance and development in territories once gripped by chaos. Through a Kantian lens, AFSPA emerges as a moral imperative of a duty to safeguard the greater good, even in the face of challenging ethical debates. AFSPA’s critics must confront the hard truth without its decisive measures, India’s borders would be vulnerable to insurgent and militant groups and their foreign patrons. While acknowledging the need for reforms, this research unapologetically underscores AFSPA’s indispensable role in securing India’s sovereignty and crushing the forces that dare to challenge its authority.