Home India Ministry of Home Affairs Whereas the Central Government is of the opinion that the ar...
Date: 2021-12-30 Category: Extra Ordinary State: Union Government Country: India

Whereas the Central Government is of the opinion that the area comprising the whole of the State of Nagaland

Issued by Ministry of Home Affairs · Not Applicable

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Executive Summary & Key Takeaways

## Policy Analysis Report: Declaration of Nagaland as a Disturbed Area under the Armed Forces Special Powers Act, 1958 **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Home Affairs, Government of India, declaring the entire State of Nagaland as a disturbed area for a period of six months, effective from December 30, 2021. This declaration is made under Section 3 of the Armed Forces Special Powers Act (AFSPA), 1958, and allows the use of armed forces in aid of civil power. The core purpose is to address a perceived disturbed and dangerous condition within the state. This report provides an overview of the policy, its background, key provisions, target audience, implementation aspects, and expected outcomes based solely on the provided notification text. **2. Introduction:** This report aims to provide a concise and informative analysis of the Ministry of Home Affairs notification declaring the State of Nagaland as a disturbed area under the Armed Forces Special Powers Act (AFSPA), 1958. The analysis is based exclusively on the provided text of the notification. **3. Policy Overview:** This is a *new* declaration of a disturbed area, not an amendment. * **Core Objective(s):** To enable the use of armed forces in aid of civil power in Nagaland due to a perceived "disturbed and dangerous condition" within the state. **4. Background and Rationale:** * **Problem/Issue Addressed:** The notification indicates that the Central Government perceives the "whole of the State of Nagaland" to be in a "disturbed and dangerous condition." This suggests a situation where public order is threatened, and the civil authorities require the assistance of the armed forces to maintain peace and security. **5. Key Provisions:** * The Central Government, exercising powers conferred by Section 3 of the Armed Forces Special Powers Act, 1958, declares the "whole of the State of Nagaland to be disturbed area." * The declaration is effective for a period of "six months with effect from 30th December, 2021." * The declaration is "for the purpose of the said Act" (Armed Forces Special Powers Act, 1958), implying that the provisions of the AFSPA will be applicable in Nagaland during this period. * The use of armed forces in aid of the civil power is deemed "necessary." **6. Target Audience and Stakeholders:** * **Directly Affected:** The population of the State of Nagaland is directly affected by this declaration as it subjects them to the provisions of the AFSPA. * **Other Stakeholders:** The Armed Forces of India, the Government of Nagaland, civil administration, law enforcement agencies, human rights organizations, and any other individuals or groups operating within Nagaland are also stakeholders. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Home Affairs, Central Government, is the issuing authority. The Armed Forces of India and the Government of Nagaland are implicitly responsible for implementing the provisions of the AFSPA within the declared disturbed area. * **Timelines:** The declaration is effective for six months starting December 30, 2021. * **Procedures:** The AFSPA, 1958, outlines the procedures and powers granted to the armed forces in a disturbed area. This notification triggers the activation of those procedures within Nagaland. **8. Expected Outcomes / Impact of Changes:** * **Likely Intended Outcomes:** The intended outcome is likely to restore and maintain public order in Nagaland by empowering the armed forces to take necessary actions, as defined by the AFSPA, to control the disturbed situation. * **Potential Impact:** The implementation of AFSPA could lead to increased security presence, stricter enforcement measures, and potentially, restrictions on certain fundamental rights. The notification intends to improve security, but may also raise concerns regarding human rights and civil liberties. **9. Conclusion:** The Ministry of Home Affairs notification declaring Nagaland as a disturbed area under the AFSPA, 1958, is a significant policy decision with implications for the security and civil liberties of the state's residents. The declaration, valid for six months from December 30, 2021, allows for the deployment of armed forces in aid of civil power to address the perceived "disturbed and dangerous condition." This report highlights the core objective, rationale, key provisions, target audience, implementation aspects, and potential impact of this policy decision based solely on the provided notification text. This declaration warrants close attention from all stakeholders.

Key Entities Referenced

Nagaland: A state in India declared as a disturbed area. Armed Forces Special Powers Act, 1958: A law enacted in 1958, under which the Central Government declares Nagaland as a disturbed area. Piyush Goyal: Additional Secretary who signed the notification.
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रजजस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एxलx.x-GअID.-E3xx0x1 22021-232250 CG-DL-E-30122021-232250 ऄसाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 5042] नई ददल्ली, बहृ स्ट्प जतवार, ददसम्ब र 30, 2021/पौष 9, 1943 No. 5042] NEW DELHI, THURSDAY, DECEMBER 30, 2021/PAUSA 9, 1943 गहृ मत्रं ालय ऄजधसचू ना नई ददल् ली, 30 ददसम्बर, 2021 का.अ. 5448(ऄ).—यत:, केंद्रीय सरकार का यह मत ह ै दक सम्पूणण नागालैंड राज्य की सीमा के भीतर अने वाला क्षेत्र ऐसी ऄिांत और खतरनाक जस्ट्थजत में ह ै जजससे वहां नागररक प्रिासन की सहायता के जलए सिस्त्र बलों का प्रयोग करना अवश्यक ह।ै 2. ऄतः, ऄब, सिस्त्र बल (जविेष िजियां) ऄजधजनयम, 1958 (1958 की संख्या 28) की धारा 3 द्वारा प्रदत्त िजियों का प्रयोग करते हुए, केंद्रीय सरकार एतद्द्वारा, उि ऄजधजनयम के प्रयोजन के जलए, सम्पूणण नागालैंड राज्य को 30 ददसम्बर, 2021 से छः माह की ऄवजध तक ‘ऄिांत क्षेत्र’ घोजषत करती ह।ै [फा. स.ं 7/10/2003-एन.ई.I] जपयूष गोयल, ऄपर सजचव 7644 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 30th December, 2021 S.O. 5448(E).—Whereas the Central Government is of the opinion that the area comprising the whole of the State of Nagaland is in such a disturbed and dangerous condition that the use of armed forces in aid of the civil power is necessary. 2. Now, therefore, in exercise of the powers conferred by Section 3 of the Armed Forces (Special Powers) Act, 1958 (No.28 of 1958) the Central Government hereby declares that whole of the State of Nagaland to be ‘disturbed area’ for a period of six months with effect from 30th December, 2021 for the purpose of the said Act. [F. No. 7/10/2003-NE.I] PIYUSH GOYAL, Addl. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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