Vol. 6, Issue 10, Part O (2020)

Abstract
One of the major factors that defines the relationship of the Indian Government with the Northeast region is The Armed Forces (Special Powers) Act, 1958 (AFSPA). This Act has been enacted to counter the insurgencies in the north-east. However, fifty-nine years past its implementation violence in the region has not mitigated. The fallout has been not merely brutalisation of the security forces but a legitimisation of violence. The list of armed forces atrocities are never ending episode to the people of the North-East. There is no clear definition of ‘disturbed area’ under the Act and the army officials have extraordinary powers to shoot to kill even on mere suspicion and also the armed officials are shielded from prosecution and enjoys blanket immunity for atrocities committed in the name of law and order. The constitutional safeguards to which every citizen of India is entitled to has been taken away by this very Act. In a democracy, the concept of Rule of Law assumed different dimensions and means that the holders of public process must be able to justify publicly that the exercise of power is legally valid and socially just. The Indian Constitution has adopted and incorporated Rule of Law which is reflected in its Preamble and Fundamental Rights. The principles of Rule of Law which says that there should be ‘absence of discretionary powers in the hands of the Government officials and justice must be done through known principles’ and ‘all the persons irrespective of status must be subjected to the ordinary court of land ’ has been violated by AFSPA. There have been numerous protests and debates which are still continuing. Many committees have been set up to look into the matter, and the fight to repeal this draconian law is still on but they all have fallen in deaf ears and AFSPA still rules the north-east.