Statement by India at the Universal Periodic Review (UPR) Working Group 27th Session (1-12 May 2017) on Armed Forces Special Powers Act: 3rd UPR of India. [Geneva, 4 May 2017]
Regarding the issue of Armed Forces Special Powers Act, I would like to say that the armed forces are deployed to aid the civil authorities in containing the level of violence and to enable restoration of the writ of civil administration and the due process of law.
2. Notification under the Armed Forces Special Powers Act is issued by the Central or State Government by reviewing the security situation in a state in consultations with other relevant agencies. This review is undertaken every six months.
3. However, this law has been used only in exceptional circumstances and several checks and balances have been introduced to ensure that there are strict guidelines for the armed forces. There is an institutional mechanism to prevent misuse of powers under this Act by the security forces. These instructions provide safeguards for human rights, in particular, safety for women and children.
4. Violations of these guidelines by members of the armed forces make them liable for prosecution under the Army Act and the respective Acts of the Central Armed Police Forces. The Human Rights Cells established at various levels of Army and the Central Armed Police Forces regularly monitor alleged human rights violations by the members of the armed forces. The troops are sensitized regularly regarding the importance of upholding human rights.
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