Entire UT of J&K disturbed area, AFSPA to continue

Arun Joshi
Tribune News Service
Jammu, November 2

The entire Union Territory of Jammu and Kashmir is a “disturbed area”, and it has also inherited the Armed Forces Special Powers Act (AFSPA) from the erstwhile state to strengthen forces’ mandate to take proactive steps against asymmetric terrorist threats.

On October 31 when J&K became a UT, it did not revoke the Disturbed Area Act nor did it abolish the AFSPA. Therefore, both the anti-terror laws continue in the new dispensation, official sources in the government told The Tribune.

Since the AFSPA was a Central Act and protected by Parliament, there was no need for the fresh notification, highly placed sources said. The power to notify the “disturbed areas rested with the state government. Now with UT replacing the state, these powers automatically get transferred to the Centre”.

Since the Disturbed Area Act that enables the AFSPA to come into effect in the notified areas is in suspended animation, the Centre may notify it afresh. However, as of now, the UT of J&K is a disturbed area as the AFSPA cannot come into force if the disturbed area tag is removed officially.

There will be no changes in the anti-terror laws that were first introduced in Jammu and Kashmir nearly 30 years ago, and the armed forces will have the shield of immunity to any act of omission and commission in the newly set up UT of J&K as before.

The AFSPA was invoked in the erstwhile state of J&K, excluding Ladakh, in two phases – first on July 5, 1990, by then Governor Girish Chandra Saxena. The whole of Kashmir Valley and the 20-km radius from the Line of Control in the twin border districts of Jammu region were brought under this law.

Normal police laws were found inadequate in fighting Pakistan-sponsored terrorism that had wrecked the whole public order and created situations in running the system of governance had become near-impossible.

In August 1990, it was extended to the entire Jammu region as well.