Human rights activists constantly highlight the view that the Armed Forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human rights abuses by the security forces. What sections of AFSPA are opposed by the activists ? Critically evaluate the requirement with reference to the view held by the Apex Court.

Rationale of AFSPA

1. Deal with insurgents and extremists in North-East and Left-wing extremism affected areas.
2. Zero tolerance policy to anti-constitutional methods, violence and crime.
3. Contain trafficking, rioting, etc. and establish authority of Indian state.

Arguments against AFSPA

1. Soldiers can shoot-at-sight at civilians at the mere suspicion of a crime.
2. The AFSPA has short-circuited the democratic process in the areas, reduced foreign investment, demotivated private sector, and ineffectuated democratic dialogue.
3. Despite the decades long existence of AFSPA, the issues linger on and the insurgents get support of people who suffer military rule.
4. It is essentially against the Fundamental rights, federalism and Directive Principles of State Policy (e.g. Article 38(1)).