AFSPA and Constitution

Fundamental rights are considered as a part of basic structure of Indian constitution but there are laws inconsistent to the rights provided in our constitution, one such law is AFSPA (ARMED FORCE SPECIAL POWER ACT, 1958). The objective of this Act is to maintain ‘Public Order’. This law is inconsistent to Article 19 and 22 of constitution which provide right to freedom. During the colonial rule Lord Linglithow enacted this to suppress the quit India movement. This Act is considered arbitrary and have given immense power to the Army personnel. The areas which are notified by the central government like Jammu and Kashmir, and some districts of Assam, Arunachal, Manipur, and Nagaland. The constitutional validity of the AFSPA was challenged in Naga people’s movement of Human right VS UOI , the Apex court held the validity of the AFSPA.