What are the Key Facts of the Case and the Supreme Court’s Ruling? - Defence And Security | UPSC Learning

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What are the Key Facts of the Case and the Supreme Court’s Ruling?

What are the Key Facts of the Case and the Supreme Court’s Ruling?

Medium⏱️ 8 min read95% Verified
defence and security

📖 Introduction

<h4>The Nagaland Civilian Deaths Incident (2021)</h4><p>The case revolves around a tragic incident in <strong>Nagaland</strong> in <strong>December 2021</strong>, where <strong>civilians were killed</strong> by <strong>Army personnel</strong>.</p><p>This unfortunate event occurred due to a grave instance of <strong>mistaken identity</strong> during an anti-insurgency operation, leading to significant public outcry and demands for justice.</p><div class="info-box"><p><strong>Key Details:</strong></p><ul><li><strong>Location:</strong> Oting, Mon district, Nagaland.</li><li><strong>Date:</strong> December 4-5, 2021.</li><li><strong>Cause:</strong> Ambush by security forces mistaking coal miners for insurgents.</li><li><strong>Outcome:</strong> 14 civilians and 1 soldier killed.</li></ul></div><h4>Supreme Court's Intervention and Ruling</h4><p>Following the incident, legal proceedings were initiated against the Army personnel involved. However, these proceedings faced a crucial legal hurdle.</p><p>The <strong>Supreme Court of India</strong> subsequently intervened and <strong>halted the legal proceedings</strong> against the accused Army personnel.</p><div class="key-point-box"><p>The primary reason for the Supreme Court's decision was the <strong>absence of the mandatory sanction</strong> from the <strong>Central Government</strong> (specifically the <strong>Ministry of Home Affairs - MHA</strong>).</p></div><h4>Understanding Section 6 of AFSPA, 1958</h4><p>The requirement for prior sanction stems from <strong>Section 6</strong> of the <strong>Armed Forces Special Powers Act (AFSPA), 1958</strong>.</p><p>This section provides a degree of immunity to armed forces personnel operating in <strong>"disturbed areas"</strong>, protecting them from prosecution without prior government approval.</p><div class="info-box"><p><strong>Section 6 of AFSPA states:</strong> "No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act."</p></div><div class="exam-tip-box"><p><strong>UPSC Insight:</strong> Understanding <strong>AFSPA's provisions</strong>, especially <strong>Section 6</strong>, is crucial for topics related to <strong>internal security</strong>, <strong>human rights</strong>, and the <strong>role of the judiciary</strong> in sensitive matters. Questions often revolve around its necessity, controversies, and proposed reforms.</p></div>
Concept Diagram

💡 Key Takeaways

  • Supreme Court halted proceedings in 2021 Nagaland civilian deaths case.
  • Ruling based on lack of Central Government (MHA) sanction for prosecution.
  • Sanction is mandated by Section 6 of the Armed Forces Special Powers Act (AFSPA), 1958.
  • AFSPA grants special powers to armed forces in 'disturbed areas' but requires sanction for legal action against personnel.
  • The case highlights the ongoing debate on AFSPA, human rights, and accountability of security forces.

🧠 Memory Techniques

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📚 Reference Sources

Armed Forces (Special Powers) Act, 1958
Supreme Court of India judgments (general understanding of sanction provisions)
Ministry of Home Affairs reports (general knowledge of AFSPA application)