Whereas the Central Government in exercise of the powers conferred by Section 3 of the Armed Forces (Special Powers) Act, 1958

## Report on Amendment to Declaration of Disturbed Areas in Nagaland under the Armed Forces Special Powers Act, 1958 **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Home Affairs on April 1, 2022, amending a previous declaration regarding "disturbed areas" in Nagaland under the Armed Forces Special Powers Act (AFSPA), 1958. The amendment partially supersedes Notification S.O. 5448(E) dated 30.12.2021, narrowing the scope of the "disturbed area" declaration. While the initial notification declared the entire state of Nagaland as a disturbed area, the amendment designates specific districts and areas within districts as disturbed. The report details these changes, identifies affected stakeholders, and infers potential implications of the amendment based solely on the provided text. **2. Introduction:** The purpose of this report is to provide an informative analysis of the Ministry of Home Affairs' Notification S.O. 1552(E), issued on April 1, 2022, which amends the declaration of "disturbed areas" in Nagaland under the Armed Forces Special Powers Act (AFSPA), 1958. This analysis is based exclusively on the information presented within the provided notification text. **3. Policy Overview:** * **Original Policy Being Amended:** Notification S.O. 5448(E) dated 30.12.2021, which declared the whole of the state of Nagaland as a disturbed area. * **Core Objective(s) as Inferred from the Provided Text:** To maintain law and order in areas deemed "disturbed" through the application of the Armed Forces Special Powers Act, 1958. This is inferred from the repeated reference to Section 3 of the AFSPA and the declaration of "disturbed areas". **4. Background and Rationale:** * **Reason for this Specific Amendment:** The notification states that a "further review of the law and order situation in the state of Nagaland has been undertaken." This suggests the amendment is based on an updated assessment of the security situation, leading to a more targeted approach rather than a blanket declaration. The amendment implies that the entire state no longer requires the stringent measures associated with a "disturbed area" designation under AFSPA. **5. Key Provisions / Changes:** This notification amends the original declaration of the entire state of Nagaland as a disturbed area. Specifically: * **Specific Part of Original Policy Being Changed:** The geographic scope of the "disturbed area" declaration. * **New Rule/Provision:** The notification now designates the following areas as "disturbed" under Section 3 of the AFSPA, 1958: Dimapur, Niuland, Chumoukedima, Mon, Kiphire, Noklak, Phek, Peren and Zunheboto districts in Nagaland and the areas in Nagaland falling within the jurisdiction of i Khuzama, Kohima North, Kohima South, Zubza and Kezocha police stations in Kohima District; ii Mangkolemba, MokokchungI, Longtho, Tuli, Longchem and Anaki C police stations in Mokokchung District; iii Yanglok police station in Longleng District; and iv Bhandari, Champang, Ralan and Sungro police stations in Wokha District. * **Difference/Effect of this Specific Change:** The amendment significantly narrows the geographic scope of the "disturbed area" declaration. The initial declaration covered the entire state of Nagaland, while the amendment limits this designation to specific districts and police station jurisdictions. This implies that the AFSPA will no longer be in effect across the state of Nagaland, only in the defined districts and specified areas. **6. Target Audience and Stakeholders:** Based on the provided text, the directly affected stakeholders include: * Residents of Dimapur, Niuland, Chumoukedima, Mon, Kiphire, Noklak, Phek, Peren and Zunheboto districts in Nagaland and the areas in Nagaland falling within the jurisdiction of i Khuzama, Kohima North, Kohima South, Zubza and Kezocha police stations in Kohima District; ii Mangkolemba, MokokchungI, Longtho, Tuli, Longchem and Anaki C police stations in Mokokchung District; iii Yanglok police station in Longleng District; and iv Bhandari, Champang, Ralan and Sungro police stations in Wokha District. * Security forces operating in the designated "disturbed areas". * The state government and administrative bodies responsible for maintaining law and order in Nagaland. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies mentioned:** The Ministry of Home Affairs is responsible for issuing the notification. The implementation and enforcement of the AFSPA within the designated areas likely fall under the purview of state law enforcement agencies in coordination with central security forces. * **Timelines or procedures specified:** The notification specifies a period of six months, with effect from 01.04.2022, for the "disturbed area" declaration, unless withdrawn earlier. This suggests that the situation will be reviewed again within six months. The procedure for this review is not specified in the provided text. * **Implementation aspects related specifically to the changes:** Implementation would involve clearly demarcating the revised "disturbed areas" for security forces and informing the public about the updated boundaries of the AFSPA's application. **8. Expected Outcomes / Impact of Changes:** * **Likely Intended Outcome of these Specific Changes:** The intended outcome is likely to balance security concerns with minimizing the impact of AFSPA on the general population. By narrowing the geographic scope, the government aims to focus resources on areas where the security situation is deemed most precarious, while allowing a greater degree of normalcy in other parts of the state. This could potentially lead to improved relations between security forces and the civilian population in areas no longer designated as "disturbed." However, it could also lead to increased security risks in the areas where AFSPA is no longer in effect. **9. Conclusion:** The Ministry of Home Affairs' Notification S.O. 1552(E) represents a significant amendment to the application of the Armed Forces Special Powers Act (AFSPA), 1958, in Nagaland. By partially superseding a previous notification that declared the entire state as a "disturbed area," this amendment narrows the scope of the designation to specific districts and areas within districts. This targeted approach suggests a shift towards a more nuanced understanding of the security situation in Nagaland and a desire to balance security concerns with the rights and well-being of the civilian population. The effectiveness of this change will depend on the continued monitoring of the security situation in the designated areas and the responsible implementation of AFSPA by security forces.

Key Entities Referenced