India Legal News: Government to Reduce Legal Immunity of Army

India legal news reports indicate the possibility of reducing legal immunity that is enjoyed by those who serve in the Indian Army. The Armed Forces Special Powers Act was enforced by the Indian government to ensure the smooth and independent functioning of the Indian army.

There have been many complaints about the misuse of legal immunity, for which Indian law do not provide a clear course of legal action against army officers. Also, the rising number of human rights violations has emerged as a cause for worry. Section 4 of the Armed Forces Special Powers Act empowers army officials to use different types of force including lethal force against a person in public interest and for the maintenance of law and order, in an area under military rule.

Further, under section 4(c), of the Act, a military officer is authorized to arrest a person without a warrant, who has committed or who is under suspicion for commission of a cognizable crime.

India Legal News: Government Keen to Amend the AFSPA

India legal news reports that the Armed Forces Special Powers Act faced severe criticism, from various human rights groups, for triggering incidents that violate human rights. Several social groups have viewed it as a ‘license to kill.’

This immunity permits army officers to take into custody and even torture a person, who is suspected for commission of a cognizable offence, in an area under military rule. Another pitfall in the Act is that the State Government is not authorized to take legal actions against an army official who violates human rights, only the Central Government is authorized to prosecute a member of the armed forces.

The government is all set to amend the Armed Forces Special Powers Act. The government is taking steps to revise the powers of the State Government, regarding the prosecution of an army officer, who is guilty of violation of human rights. As per the proposed amendment, an army official who is found guilty in case of extra-judicial killings will be handed over to the State Government.

A rough draft has been already presented to the Law and Defense Ministries. It has been cited that the amendments would be soon listed before the Cabinet Committee on Security.