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

## Report on Notification Regarding Disturbed Area under 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, pertaining to the declaration of certain areas in Arunachal Pradesh as “disturbed areas” under Section 3 of the Armed Forces Special Powers Act (AFSPA), 1958. The notification extends the disturbed area status for Tirap, Changlang, and Longding districts, and specific areas under the jurisdiction of Namsai and Mahadevpur police stations in the Namsai district of Arunachal Pradesh, bordering Assam, from April 1, 2022, to September 30, 2022. This report aims to inform affected industries and stakeholders about the implications of this notification. The key finding is the continuation of enhanced powers granted to armed forces in these regions for another six months. **2. Introduction:** This report provides an overview and analysis of the Ministry of Home Affairs notification S.O. 1551(E), dated April 1, 2022, regarding the declaration of specific areas in Arunachal Pradesh as "disturbed areas" under the Armed Forces Special Powers Act (AFSPA), 1958. The report is based solely on the information provided in the notification text. **3. Policy Overview:** * **Amendment:** This notification amends a previous declaration, S.O.4046(E) dated 01.10.2021. * **Core Objective(s):** The core objective, as inferred from the text, is to maintain law and order in the specified areas of Arunachal Pradesh, bordering Assam, by granting special powers to the armed forces under the AFSPA. **4. Background and Rationale:** The notification explicitly states that a “further review of the law and order situation” in the specified districts and police station areas of Arunachal Pradesh was undertaken. This implies that the initial declaration of these areas as disturbed, and the subsequent extension, is based on a continuing assessment that the law and order situation warrants the application of the AFSPA. The text suggests a need for continued enhanced security measures due to ongoing concerns related to maintaining peace and stability in these areas bordering Assam. **5. Key Provisions / Changes:** This notification constitutes an amendment to the prior notification S.O.4046(E) dated 01.10.2021, extending the "disturbed area" status. * **Specific Part Changed:** The notification extends the duration of the "disturbed area" declaration. * **New Rule/Provision:** The affected areas, namely Tirap, Changlang, and Longding districts in Arunachal Pradesh, and the areas falling within the jurisdiction of Namsai and Mahadevpur police stations in Namsai district of Arunachal Pradesh, bordering the State of Assam, continue to be declared as disturbed areas under Section 3 of the Armed Forces Special Powers Act, 1958 from 01.04.2022 to 30.09.2022. * **Effect of the Change:** The extension of the disturbed area status prolongs the applicability of the AFSPA in these regions, granting the armed forces additional powers, including the authority to search, seize, and arrest without warrant, and to use force, including deadly force, under certain circumstances. **6. Target Audience and Stakeholders:** Based on the text, the target audience and stakeholders directly affected by this notification include: * Residents of Tirap, Changlang, and Longding districts in Arunachal Pradesh. * Residents within the jurisdiction of Namsai and Mahadevpur police stations in the Namsai district of Arunachal Pradesh. * The Armed Forces operating in these areas. * Businesses and industries operating in these areas. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Ministry of Home Affairs is responsible for issuing the notification. The Armed Forces are responsible for implementing the provisions of the AFSPA in the declared disturbed areas. * **Timelines or procedures:** The notification specifies the period from April 1, 2022, to September 30, 2022, during which the declaration is in effect, unless withdrawn earlier. The text doesn't detail the procedure for implementation, but the implication is that the Armed Forces will continue to operate under the powers granted by the AFSPA within the specified areas. * **Implementation aspects related specifically to the changes:** The extension simply requires the armed forces to continue operating under the previously established guidelines of the AFSPA in the designated regions. There are no new implementation procedures introduced by *this* notification. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of extending the "disturbed area" status is to maintain or improve the law and order situation in the affected areas. The potential impact includes: * Continued enhanced security measures and presence of armed forces. * Potential impact on daily life, business activities, and freedom of movement for residents. * Possible implications for human rights and civil liberties, requiring careful monitoring and adherence to legal safeguards. **9. Conclusion:** The Ministry of Home Affairs notification S.O. 1551(E) extends the "disturbed area" status under the AFSPA, 1958, for specific regions in Arunachal Pradesh until September 30, 2022. This decision, based on a review of the law and order situation, prolongs the enhanced powers granted to the armed forces in these areas. This notification is significant as it directly impacts the lives and activities of residents and businesses within the designated regions, and it underscores the government's ongoing concern regarding security and stability in these areas bordering Assam. Affected industries should carefully consider the implications for their operations and ensure compliance with relevant regulations.

Key Entities Referenced