extremism and internal security Flashcards

1
Q

CORAS?

A
  1. Commando for Railway Security
  2. launched to meet the challenges to Railway security esp in LWE/Insurgency/Terrorism affected Railway areas.
  3. With an average age between 30-35 years, CORAS will always be young and motivated staff.
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2
Q

INdian special forces?

A

India has several Special Forces (SF) units. They work under various commands including the three armed forces as well as Home ministry.

  1. MARCOS of INdian navy
  2. Para commandos of Army
  3. Garud commando force of Airforce
  4. Ghatak forces
  5. COBRA
  6. Force One
  7. NSG
  8. SPG
  9. RAW has separate special forces under its control, namely the Special Group and the Special Frontier Force.
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3
Q

Indian special forces: MARCOS?

A
  1. 1985
  2. were deployed in Sri Lanka against LTTE
  3. also participated in Kargil war
  4. Since 1995, MARCOS are permanently deployed for counter-terrorism operations in Jammu and Kashmir against militants
  5. Each MARCOS squad, called Prahar, is composed of 8 soldiers.
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4
Q

Indian special forces: Para (SF)?

A
  1. Parachute Regiment (Special Forces), or Para (SF) created in 1966 in aftermath of 1965 Indo-Pak war
  2. In 1988, they participated in the first known foreign intervention by the Indian Army during Operation Cactus in Maldives (to thwart a coup against the govt of president)
  3. also part of 2016 surgical strikes and 2015 operation Hot Pursuit
  4. parachute units of the Indian Army are among the oldest airborne units in the world.
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5
Q

Indian special forces: Garud commando forces?

A
  1. estbalished in 2004
  2. They also provide security to IAF’s vulnerably located assets
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6
Q

Indian special forces: NSG?

A
  1. is a specialized counter-terrorism Federal Contingency Force, created in 1986, in the wake of Operation Bluestar, under MHA under NSG act
  2. modelled on the basis of the British Special Air Service and the German GSG 9
  3. popularly referred to as the ‘Black Cats’ due to their distinct black uniforms
  4. under Home ministry
  5. raised to combat terrorist activities and to guarantee the states do not experience any internal disturbances. played a crucial role in 26/11
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7
Q

Indian special forces: SPG?

A
  1. raised in 1985
  2. It is an armed force of the Union for providing immediate security to the Prime Minister of India, the former Prime Minister and members of their close family members.
  3. under the Cabinet Secretariat commences under Special Protection Group Act, 1988.
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8
Q

SPG Act? Protocols on PM security?

A

The Special Protection Group (SPG) Act, which was notified in June 1988 “to provide for the constitution and regulation of an armed force of the Union for providing proximate security to the Prime Minister of India and for matters connected therewith”

What does the SPG Act say on PM’s security?

Protocols are set by the SPG for the PM’s movement.
● Section 14 of the SPG Act makes the state government responsible for providing all assistance to the SPG during the PM’s movement

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9
Q

Indian special forces: COBRA?

A

CRPF maintains a special operation unit known as Commando Battalion for Resolute Action(COBRA) to combat Maoist insurgents. It’s one of the few Indian Special Forces, that’s exclusively trained in guerrilla warfare.

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10
Q

CAPF: about?

A

Central Armed Police Forces were formerly referred to as Paramilitary Forces.

There are seven central armed police forces.

  • Assam Rifles
  • Border Security Force (BSF)
  • Central Industrial Security Force (CISF)
  • Central Reserve Police Force (CRPF)
  • Indo-Tibetan Border Police (ITBF)
  • Sashastra Seema Bal (SSB)

They operate under the Ministry of Home affairs.

Each of the forces is led by an IPS officer with the notable exception of the Assam Rifles which is headed by an Army officer of the rank of Lieutenant General.

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11
Q

Assam Rifles?

A
  • established in 1835- oldest; raised as a militia to protect British tea estates and its settlements from NE tribes; was originally called Cachar Levy.
  • its operational duties and regimentation are on the lines of the Indian Army.
  • plays a crucial role in North East India, handling counterinsurgency and border security operations; guarding the 1,643 km long Indo-Myanmar border since 2002.
  • only paramilitary force with a dual control structure- administrative control of Assam Rifles is with MHA while the operational control is with the Ministry of Defence (Army).
  • headed by an Army officer of the rank of Lieutenant General. It currently reports to the MHA
  • It remains the most awarded paramilitary force in both pre-and post-independent India
  • It significantly contributed to the opening of Assam region to administration and commerce and over time it came to be known as the “right arm of the civil and left arm of the military”.
  • Major role post-Independence:
  • In November 2019, MHA proposed to merge it with the Indo-Tibetan Border Police (ITBP).
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12
Q

BSF?

A
  • border guards of the country and is called the ‘India’s First Line of Defence’.
  • under the administrative control of MHA came into being in the wake of the 1965 Indo-Pakistan war.
  • ensures the security of the borders of India and headed by an officer from the IPS
  • It also undertakes defensive actions during wartime to free up Indian Army troops for offensive operations as well as engage in counter-insurgency operations
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13
Q

CISF?

A
  • established in 1969, under an Act of Parliament, “Central Industrial Security Force Act, 1968.”
  • It provides integrated security cover to the Public Sector Undertakings, airports and SEZs, nuclear installations, space establishments, airports, seaports, power plants, sensitive Government buildings, heritage monuments
  • also responsible to provide protection to the persons classified as Z Plus, Z, X, Y
  • CISF is a compensatory cost force.
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14
Q

CRPF?

A
  • established by the enactment of the CRPF Act in 1949.
  • Initially, it came into existence as Crown Representative’s Police in 1939 for internal security.
  • The primary mission of the Central Reserve Police Force is counter-insurgency operations.
  • It also assists the State and Union Territories in police operations to maintain law and order.
  • Apart from this, the force participates as a police force in the UN peace-keeping missions.
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15
Q

ITBP?

A
  • established in the wake of China war 1962, under CRPF act
  • guards the Indo-Tibetan border and the mountainous regions of the India-China border and monitors the northern borders.
  • ITBP replaced Assam Rifles in Sikkim and Arunachal Pradesh in 2004.
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16
Q

Sahastra Seema Bal?

A
  • set up in March 1963.
  • They guard Indo-Nepal and Indo-Bhutan Borders.
  • They are also deployed during elections as polling booth security.
  • Its area of coverage included 15 states
  • Previously, it was known as the Special Service Bureau and they are deployed to control anti-national activities and inculcate feelings of national belonging in the border population among others. It also acts against smuggling and other illegal activities.
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17
Q

Tekulguda is associated with?

A

Tekulguda is a village in Bastar district of Chhatisgarh where CRPF soldiers were ambushed by Naxals and 20+ were killed

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18
Q

Counterinsurgency (COIN) against Maoists: suggestions?

A
  1. Tekulguda ambush must serve as a jolt against complacency.
  2. Debates about the utility of different COIN models: people centric approach (winning over the Maoist sympathisers by development and mainstreaming) vs enemy centric approach
    • enemy centric approach based on ‘state gureilla warfare’ can be viable in areas where threat of secession is insignificant
    • A judicious mix of both approach is ideal
    • case study: success of Andhra Pradesh- use of Greyhounds (Andhra’s special elite force) for kinetic ops along with short-gestation-period developmental works in the Maoist-affected rural areas and a comprehensive surrender-cum-rehab policy
    • It is fair to say that a surrender and rehabilitation policy only works when there is sustained military pressure on the Maoists.
  3. govt must not let and public opinion come in way of inviting Naxals to talk. must learn from USA-taliban talks
  4. Maoists have mastered the art of exploiting the grey zone areas. After killing many politicians in Darbha, CHH in 2013, assault grp moved to Chhattisgarh-Odisha border to avoid any kind of kinetic response from the Chhattisgarh police. States must do more to synergise their efforts by launching coordinated operations
  5. It is also important to segregate the population from the insurgents both operationally and ideologically. The hawks and the doves need to be viewed and treated differently.
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19
Q

Deportation of Rohigyas by India: arguments in support?

A
  1. India is neither a signatory to the 1951 Refugee Convention nor to the Protocol Relating to the Status of Refugees that came to force in 1967.
  2. country has more than 3,00,000 refugees from 30 different countries. The number of illegal refugees may be much more. Unqualified Rohingya refugees are unacceptable as they are regarded as a burden on the economy.
  3. Rohingyas are Sunni Muslims and have fought for an independent country in the past. In 1947 and 1971, they struggled to join East Pakistan and Bangladesh respectively.
  4. Rohingya Muslims have also constituted a few terrorist organisations, including the Rohingya Solidarity Organisation, the Harkat-al Yaqin, the Arakan Rohingya and Salvation Army (ARSA) to wage war and establish an independent Muslim state. In fact the present crisis erupted when the Myanmar Army took reprisal of the attack on August 25, 2017, by ARSA terrorists on 30 police posts and one Army base in which about 12 security personnel were killed.
  5. There are also reports that the IS and the lashkar-e-Tayyeba are trying to recruit Rohingyas staying in Jammu while the Al Qaeda in the Indian subcontinent has also supported the Rohingyas. There are also reports that the Rohingyas, settled in Jammu illegally, helped terrorists of JeM in the reconnaissance of the Army camp in Sunjuwan.
  6. New Delhi very rightly chalked out a long-term plan to deal the crisis. India sent 7,000 tonne of relief material to Bangladesh under operation Insaniyat and also sanctioned $25 million to Myanmar for the development of infrastructure in Rakhine State so that Rohingya refugees can return back to their homeland. Indian authorities are also negotiating with officials in Myanmar to pave the way for the return of the Rohingyas.
  7. SC held that Rohingyas’ claim to a right against deportation is concomitant with the right to reside in any part of the country
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20
Q

Deportation of Rohigyas by India: arguments against?

A
  1. United Nations has termed the Rohingya as the world’s most persecuted ethnic minority.
  2. Around March 2021, over 170 Rohingya refugees were detained in Jammu after a biometric verification drive. This despite the detained refugees having UNHCR refugee cards, granted after a process of ascertaining their protection needs and determining that they are indeed refugees who have fled persecution.
  3. Indian government has in the past differentiated between illegal immigrants and refugees in the absence of domestic legislation, such as, in its treatment of Afghan, Sri Lankan or Tibetan refugees. They have been granted the right to apply for long-term visas for refugees in accordance with the government’s 2011 protocol, thereby reaffirming its respect for the institution of asylum.
  4. Article 14 and 21 constitutional protections were equally available to every “person”, including refugees.
  5. ICJ in its unanimous judgement found that the Rohingya had suffered genocide and crimes against the Rohingya violate the Convention on the Prevention and Punishment of the Crime of Genocide. India ratified the convention in 1959; in fact, India, along with Panama and Canada was the force behind the adoption of the Genocide Convention on December 9, 1948. India owes binding commitment to non-refoulement and obligations in prohibiting genocide, both non-derogable norms of international law
  6. as a matter of legal principle, refoulement or sending refugees back to a place where they face persecution, has been held to be a breach of Article 21 as evidenced in Ktaer Abbas Al Qutaifi vs UoI case by GJ HC
  7. Rohingya refugees have never claimed the right to reside or settle in any part of India but they have prayed for the right to life — to reside in a camp without being threatened to be deported into a country where they face genocide
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21
Q

National Security Act 1980?

A
  1. NSA is a preventive detention law.
    • preventive detention allowed in constitution by Art 22 (3) (b).
    • 44th CAA reduced the period of detention without obtaining the opinion of an advisory board from three to two months. However, this provision has not yet been brought into force, hence, the original period of three months still continues.
    • preventive detention is allowed only under a Parliamentary law
  2. NSA empowers the Centre or a State government to detain a person to prevent him from acting in any manner prejudicial to national security.
  3. grounds for invoking
    1. national security
    2. disruption of public order
    3. maintenance of supplies and essential services
  4. maximum period for which one may be detained is 12 months. But the term can be extended if the government finds fresh evidence
  5. Under the NSA, a person could be kept in the dark about the reasons for his arrest for up to five days, and in exceptional circumstances upto ten days. Even when providing the grounds for arrest, the government can withhold information which it considers to be against public interest to disclose.
  6. NCRB data does not include cases under the NSA as no FIRs are registered under it
  7. Experts describe the validity of the Act even during peacetime as ‘anachronism’.
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22
Q

SC judgements wrt sec 124A of IPC (Sedition)? Law commission?

A
  1. Kedar Nath Singh vs State of Bihar case (1962): guiding principles laid down by SC. court ruled that comments-however strongly worded-expressing disapprobation of the actions of the government without causing public disorder by acts of violence would not be penal. Court however did upheld the law on the basis that this power was required by the state to protect itself.
  2. Balwant Singh vs State of Punjab (1995) case: SC clarified that merely shouting slogans, in this case Khalistan Zindabad, does not amount to sedition. However, Karnataka Police had booked 19-year-old Amulya Leona after she raised “Pakistan zindabad” slogans at a rally during an anti-CAA protest last year.
  3. In TV5 and ABN Andhra Jyoti vs State of AndhraP case 2021: SC said it is time we define the limits of sedition. Provisions of 124A (sedition) and 153 (promoting enmity between classes) of the IPC require interpretation, particularly on the issue of the rights of press and free speech.

while earlier reports by Law commission of INdia, eg. 39th (1968) and 42nd (1971) sought to rather further empower the provision, the report in 2018 opined that it is time to re-think or repeal the Section 124A

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23
Q

sedition cases in India:

  1. Definition?
  2. stats?
A
  1. IPC sec 124A defines it as an offence committed when “any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India”. Disaffection includes disloyalty and all feelings of enmity. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offence under this section.
  2. Between 2016 and 2019, the number of cases filed under Section 124-A increased by 160% while the rate of conviction dropped to 3.3% in 2019 from 33.3% in 2016, according to NCRB
  3. majority of cases are against people in age grp 18-30
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24
Q

sedition sec 124A: history?

A

In 1837: Thomas Macaulay drafted the Penal Code in 1837. Sedition was placed in the Penal Code 1837 as Section 113. British Raj in India had introduced this section on sedition under the title “Exciting Disaffection”.

Section 124-A, technically was not a part of the original Indian Penal Code drafted by Lord Macaulay and treason was confined just to levying war. It was Sir James Fitzjames Stephen who subsequently got it inserted in 1870 in response to the Wahabi movement that had asked Muslims to initiate jihad against the colonial regime.

Gandhi described it as the “prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen.”

Nehru had described it as “highly objectionable and obnoxious” which “should have no place in any body of laws that we might pass”. Nehru said, “The sooner we get rid of it the better.”

word ‘sedition’ occurred in Article 13(2) of the Draft Constitution (under reasonable restriction on freedom of speech and expression) prepared by the Drafting Committee but was deleted before the Article was finally passed as Article 19(2), based on the proposal of KM Munshi.

This omission was interpreted by SC in Romesh Thapar vs State of Madras case in 1950 as an unquivocal voice against curb on freedom of speech and expression and thus SC ruled that any law placing restriction on freedom of speech has to pass a very high bar to avail the protection from art 19

25
Q

Sedition Sec 124A: arguments in support?

A
  1. Section 124A of the IPC has its utility in combating anti-national, secessionist and terrorist elements.
  2. It protects the elected government from attempts to overthrow the government with violence and illegal means.
  3. If contempt of court invites penal action, contempt of government should also attract punishment.
  4. Many districts in different states face a Maoist insurgency and rebel groups virtually run a parallel administration. These groups openly advocate the overthrow of the state government by revolution.
  5. Against this backdrop, the abolition of Section 124A would be ill-advised merely because it has been wrongly invoked in some highly publicized cases.
26
Q

Enemy properties?

A
  1. Properties (immovable as well as some movable) that were left behind by the people who took citizenship of Pakistan and China.
    • ~9500 such properties, of which ~9300 are left behind by Pakistani nationals
    • highest no. of properties left behind by Pakistani nationals located in UP followed by UP and Delhi; fr Chinese (after 1962 war), highest in Meghalaya followed by WB and Assam
    • estimated value of all enemy properties: 1L Cr
  2. Under the Defence of India Rules framed under The Defence of India Act, 1962, GoI took over properties and companies left behind by Pak and China. These were vested in the Custodian of Enemy Property of India. Thereafter The Enemy Property Act was enacted in 1968 that provided fr continuous vesting of enemy property with CG.
  3. The 2017 amended Act expanded the definition of the term “enemy subject”, and “enemy firm” to include the legal heir and successor of an enemy, whether a citizen of India or a citizen of a country which is not an enemy; and the succeeding firm of an enemy firm, irrespective of the nationality of its members or partners.
  4. The amended law provided that enemy property shall continue to vest in the Custodian even if the enemy or enemy subject or enemy firm ceases to be an enemy due to death, extinction, winding up of business or change of nationality, or that the legal heir or successor is a citizen of India or a citizen of a country which is not an enemy.
  5. The Tashkent Declaration of January 10, 1966 included a clause that said India and Pakistan would discuss the return of the property and assets taken over by either side in connection with the conflict. However, the Government of Pakistan disposed of all such properties in their country in the year 1971 itself.
27
Q

Bodo accord?

A
  • MHA, Govt of Assam and Bodo grps have signed an agreement to redraw and rename the Bodoland Territorial Area District (BTAD) in Assam as Bodoland Territorial region (BTR). signing of the agreement would end the 50-year-old Bodo crisis
  • BTAD district is currently spread over four districts of Kokrajhar, Chirang, Baksa and Udalguri.
  • Key points of the agreement
  1. As per the agreement, villages dominated by Bodos that were presently outside the BTAD would be included and those with non-Bodo population would be excluded.
  2. A committee will decide the exclusion and inclusion of new areas in the BTAD. Subsequent to this alteration, the total number of Assembly seats will go up to 60, from the existing 40.
  3. The memorandum of settlement says that the criminal cases registered against members of the NDFB factions for “non-heinous” crimes shall be withdrawn and cases fr heinous crimes will be reviewed
  4. The families of those killed during the Bodo movement would get Rs. 5 lakh each.
  5. A Special Development Package of Rs. 1500 Crore would be given by the Centre to undertake specific projects for the development of Bodo areas
  6. After the agreement, the NDFB factions will leave the path of violence, surrender their weapons and disband their armed organisations. Around 1500 cadres of NDFB(P), NDFB(RD) and NDFB(S) will be rehabilitated by Centre and Assam Government. They will be assimilated in the mainstream now.
  7. Accord makes Bodo the associate official language throughout Assam.
  8. The new Accord also promises to establish a separate directorate for Bodo medium schools, provincialise schools and colleges in the BTAD (Bodoland Territorial Autonomous District) and establish a Cultural Complex-cum-Centre of Excellence in Kokrajhar for protection and promotion of the language.
  9. As of now the agreement has not addressed the issue of “citizenship or work permit” for non-domiciles in the BTAD
28
Q

Bodoland dispute?

A
  1. In 1966-67, the demand for a separate state called Bodoland was raised under the banner of the Plains Tribals Council of Assam (PTCA), a political outfit.
  2. In 1987, the All Bodo Students Union (ABSU) renewed the demand. “Divide Assam fifty-fifty”, was a call given by the ABSU’s then leader, Upendra Nath Brahma.
  3. The unrest was a fallout of the Assam Movement (1979-85) that led to Assam accords
  4. first Bodo accord was signed with the ABSU in 1993, leading to the creation of a Bodoland Autonomous Council with limited political powers. The BTC was created in 2003 with some more financial and other powers.
  5. BTAD and other areas mentioned under the Sixth Schedule have been exempted from the Citizenship (Amendment) Act, 2019
  6. Why the demand for separate Bodoland?
    • For centuries, they survived sanskritisation without giving up their original ethnic identity. However in the 20th century, they had to tackle a series of issues such as illegal immigration, encroachment of their lands, forced assimilation, loss of language and culture.
    • The 20th century also witnessed the emergence of Bodos as a leading tribe in Assam which pioneered the movements for safeguarding the rights of the tribal communities in the area.
    • From then on, they have been consistently deprived of the political and socio-economic rights by successive state and central governments.
    • The Bodos have not only become an ethnic minority in their own ancestral land but have also been struggling for their existence and status as an ethnic community.
29
Q

Bodo language?

A
  1. Estimated to have 1.5 million speakers (Census 2011), Bodo is listed in the Eighth Schedule of the Constitution.
  2. It is spoken in Assam, Arunachal Pradesh, Nagaland, Meghalaya, and West Bengal.
  3. While Bodo is officially written in the Devanagri script, the language has a history of having been written in at least three different scripts — until in 1974, the Government recognised Devanagari as its official script.
  4. In the first decade of the 20th century, Bodos started writing in the Assamese/Bangla script. Then they also used Roman Script.
  5. In the pre-13th century era, it was called Deodhai.
30
Q

INdia turnin into a Surveillance state: points in support?

A
  1. Allegation of surveillance using Pegasus software of NSO. 50,000 phone numbers believed to be potential surveillance targets by governments around the world.
  2. In 2019, it was alleged that NSO’s software was used by GoI to exploit a vulnerability in WhatsApp to illegally spy on 24 citizens, and hack as many as121 Indians.
  3. On March 11,2021 the Indian government casually announced the adoption of facial recognition technology enabled surveillance. We were told that using photographic and other information from government “databases”, 1,100 individual participants in the Delhi riots had been identified. The number was later raised to 1,900.
  4. India’s three main surveillance projects:
    1. National Intelligence Grid (NATGRID): allows investigation and law enforcement agencies to access real-time information from data stored within agencies like the Income Tax Department, banks, insurance companies, the Indian Railways, and other offices. There are a total of 21 categories of data that NATGRID has access to.
      • *NATGRID was established through governmental notifications rather than through legislation passed in the Parliament.**
    2. Central Monitoring System (CMS): is centralised telephone interception provisioning. It can bypass the middleman — the telecom companies — to directly monitor text messages, social media posts and phone calls. system.
    3. Network Traffic Analysis (NETRA): watching everything you do online — not just on social media. It can monitor any text-based messages containing direct messages on Facebook, within your personal emails or online blogs. Using filters and keywords, it can identify words even in encrypted messages.

The underlying logic for developing CMS and NETRA was to monitor terrorist activities mainly after the terrorist bomb attack in Mumbai on November 26, 2008.
5. The lack of a comprehensive Data protection law makes these ‘security measures’ even more dangerous

31
Q

Multi-Agency Centre?

A

● It is a common counter-terrorism grid under the Intelligence Bureau that was made operational in 2001 following the Kargil War.
● As many as 28 organisations, including the Research and Analysis Wing (R&AW), armed forces and State police, are part of the platform.
● Various security agencies share real-time intelligence inputs on the MAC.
● Now functioning 24/7 as the nodal body for sharing intelligence inputs, MAC coordinates with representatives from numerous agencies, different ministries, both central and state.

32
Q

Karbi anglong agreement?

A

In Assam’s hill districts of Dima Hasao and Karbi Anglong, separatism that rejected Sixth Schedule status transformed into a demand for an autonomous state under Article 244(a) of the Constitution after militancy peaked in the 1990s.

Recently, a tripartite agreement among five insurgent groups of Assam, the Centre and the state government was signed addressing the insurgency in this area

for background refer GS-1-Indian society

Highlights of the Karbi-Anglong Peace Agreement:

  • Karbi Outfits Surrendered: 5 militant organizations (KLNLF, PDCK, UPLA, KPLT and KLF) laid down arms and more than 1000 of their armed cadres have given up violence and joined the mainstream of society. A provision has been made in this agreement to rehabilitate the cadres of armed groups.
  • Special Development Package: A special development package of Rs. 1000 crore will be allocated over five years by the Central Government and the Assam Government to take up special projects for the development of Karbi areas.
  • More Autonomy to KAAC: This agreement will transfer as much autonomy as possible in exercising their rights to the Karbi Anglong Autonomous Council, without affecting the territorial and administrative integrity of Assam.
    • Overall, the present agreement proposes to give more legislative, executive, administrative and financial powers to the KAAC.
  • Development of Local People: The Government of Assam will set up a Karbi Welfare Council to focus on the development of the Karbi people living outside the KAAC area.
    • This agreement will also ensure the protection of the culture, identity, language, etc. of the Karbi people and all-round development of the region.
    • The Consolidated Fund of the State will be amended to meet the resources of the KAAC.
33
Q

Enumerate the recent peace accords signed in NE India?

A
  1. NLFt Tripura Agerement 2019
  2. Bru Accord 2020
  3. Bodo Peace Accords 2020
  4. Karbi Anglong agreement 2021
34
Q

territorial Army?

A
  • India’s first Governor General Shri C Rajagopalachari formally inaugurated the Indian Territorial Army on October 9 in 1949.
  • It is an organization where volunteers apply for a short period of training every year, so as to be ready to tackle any emergent situation or to serve for the defence of India.
  • The Territorial Army, also known as the ‘Terriers’, is considered the second line of national defence after the regular Army.

Eligibility:

Any male Indian citizen between the ages of 18 and 42 can apply and enter into the TA service provided they clear the written test, interview, medical examination and the necessary training.

Roles and responsibilities:

The Territorial Army is part of a Regular Army and its present role is to relieve the Regular Army from static duties and assist civil administration in dealing with natural calamities and maintenance of essential services in situations where life of the communities is affected or the security of the country is threatened and to provide units for Regulars Army as and when required.

Territorial Army comes under the Defence Ministry.

35
Q

Extension of BSF Jurisdiction?

A
  • MHA) has extended the jurisdiction of the Border Security Force (BSF) up to 50 km inside the international borders in Punjab, West Bengal and Assam.
  • At the same time, the Ministry has reduced BSF’s area of operation in Gujarat from 80 km from the border, to 50 km.
  • The government said it was exercising the powers under the Border Security Force Act of 1968.
  • The BSF’s powers include arrest, search and seizure. BSF has powers in respect of Criminal Procedure Code (CrPC), Passport (Entry into India) Act, 1920, the Passport Act, 1967, the NDPS Act, Arms Act, Customs Act and certain other laws.
  • Background: In its 2014 notification, the MHA had outlined BSF’s jurisdiction as “the whole of the area comprised in the States of Manipur, Mizoram, Tripura, Nagaland and Meghalaya and so much of the area comprised within a belt of eighty kilometres in the State of Gujarat, fifty kilometres in the State of Rajasthan and fifteen kilometres in the States of Punjab, West Bengal and Assam, running along the borders of India”.
36
Q

MoSJE: Substance use trends: (10-17 yrs)?

A

1) 30L (incidence of 1.3%)- alcohol 2) 20L (0.9%) - cannabis 3) 40L- opioids 4) 2L-cocaine

37
Q

MosSJE: Substance use trends: adults (18-75 yrs)?

A

1) alcohol- 15 cr (17%) 2) canabis-2.9cr (3.3%) 3) opioids- 1.9cr (2%) 4) cocaine-10L

38
Q

National Fund to Control Drug Abuse?

A
  • It was created in accordance with a provision of the Narcotic Drugs and Psychotropic Substances Act, 1985.
  • It had a nominal corpus of ₹23 crore.
  • Funding: Under the NDPS Act, the sale proceeds of any property forfeited, grants made by any person and institution, and income from the investments of the fund, go towards the fund.
  • Usage of the fund: The Act states that the fund would be used to combat
    • illicit trafficking of narcotics,
    • controlling abuse of narcotic drugs
    • rehabilitating addicts,
    • educating public
    • preventing drug abuse.
  • The Social Justice and Empowerment Ministry has recently recommended that the National Fund to Control Drug Abuse be used to carry out de-addiction programmes, rather than just policing activities.
39
Q

Drug abuse numbers in India? global?

A
  • According to the National Crime Records Bureau’s Crime in India 2020 report, a total of 59,806 cases were lodged under NDPS Act.
  • In 2019, there were 3.1 crore cannabis users and 2.3 crore opioid users.

Global

  • Around 275 million people used drugs globally in the last year. Over 36 million people suffered from drug use disorders.
  • Rise in the use of cannabis during the pandemic has been reported by most countries.
  • Non-medical use of pharmaceutical drugs has also been observed in the same period.
  • The latest global estimates say, about 5.5 per cent of the population between 15 and 64 years have used drugs at least once in the past year.
  • Over 11 million people globally are estimated to inject drugs – half of them have Hepatitis C.
  • Opioids continue to account for the largest burden of disease-linked to drug abuse.
  • The population at most risk of drug use will increase the most in Low income countries by 2030 (by 43%)
40
Q

GoI’s policy and other initiatives to deal with drug trafficking problem?

A
  1. The ‘Nasha Mukt Bharat Abhiyaan’ or a ‘Drugs-Free India Campaign’ was flagged off on 15th August 2020 across 272 districts of the country found to be most vulnerable based on the data available from various sources.
  2. Ministry of Social Justice & Empowerment has begun implementation of a National Action Plan for Drug Demand Reduction (NAPDDR) for 2018-2025.
    1. The Plan aims at reduction of adverse consequences of drug abuse through a multi-pronged strategy
    2. include awareness generation programmes in schools/colleges/Universities, workshops/seminars/ with parents, community based peer led interactions intervention programmes for vulnerable adolescent and youth in the community, provisioning of treatment facilities and capacity building of service providers.
  3. The government has constituted Narco-Coordination Centre (NCORD) in November, 2016.
  4. The government has constituted a fund called “National Fund for Control of Drug Abuse” to meet the expenditure incurred in connection with combating illicit traffic in Narcotic Drugs; rehabilitating addicts, and educating public against drug abuse, etc.
41
A

A declared foreigner, or DF, is a person marked by Foreigners’ Tribunal (FT) for allegedly failing to prove their citizenship after the State police’s Border wing marks him or her as an illegal immigrant.

  • People adjudged non-citizens are sent to detention centres.
42
Q

Assam Rifles: dual control?

A
  • The administrative control of the Assam Rifles is with the MHA and the operational control of Assam Rifles rests with the MoD.
    • This means that salaries and infrastructure for the force is provided by the MHA, but the deployment, posting, transfer and deputation of the personnel is decided by the Army. All its senior ranks, from DG to IG and sector headquarters are manned by officers from the Army.
    • This duality of administrative control and operational control leads to problems of coordination.
  • The objectives and functions of Assam Rifles are that of military and paramilitary force and considering it anything less than that is arbitrary, unreasonable and in violation of the rights of Assam Rifles personnel.
  • There is a disparity in the pay scale between the Assam Rifles personnel operating alongside the Army on similar duties.
  • A large section within the force wants to be under the administrative control of the MoD, as that would mean better perks and retirement benefits which are far higher compared to CAPFs under MHA. Army personnel also get one rank one pension which is not available to CAPFs.
  • However, Army personnel also retire early, at 35, while the retirement age in CAPF is 60 years.
  • A petition was filed by the Assam Rifles Ex-Servicemen Welfare Association in Delhi HC seeking direction to the government for placing Assam Rifles under one control, preferably under the MoD.
  • Centre’s stand: The in-principle decision, that Assam Rifles like other Central Armed Police Forces (CAPFs) should come under the exclusive control of MHA, appears to have already been taken but the final decision has not been made official yet.
  • Argument by MHA: all the border guarding forces are under the operational control of the ministry and so Assam Rifles coming under MHA will give border guarding a comprehensive and integrated approach.
  • Army is of the opinion that the Assam Rifles has worked well in coordination with Army. It has argued that giving the control of the force to MHA or merging it with any other CAPF will confuse the force and jeopardise national security.
43
Q

AFSPA: origins?

A

origin lies in 4 ordinance by Viceroy Linlithgow to counter the threat of Quit India Mov.

After independence, AFSPA was enacted in 1958, to maintain rule of law in disturbed areas in NE India

consists of 3 separate acts:

  1. Armed Forces (Assam and Manipur) Special Powers Act 1958:
  • To deal with challenges posed by fissure tendencies.
  • Empowered only the Governors of the States and the Administrators of the UT’s to declare areas in the concerned State or the Union Territory as ‘disturbed’.
  • The territorial scope of Act also expanded to the five states of the North-East - Assam, Manipur, Meghalaya, Nagaland, Tripura, Arunachal Pradesh and Mizoram.
  1. The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983: withdrawn in 1997
  2. The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990
44
Q

AFSPA: full form and provisions?

A

Armed Forces (Special Powers) Act

In simple terms, AFSPA gives armed forces the power to maintain public order in “disturbed areas”.

Powers given to any commissioned officer, warrant officer and non-commissioned officer-or any other person of equivalent rank:

  1. They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving due warning if they feel a person is in contravention of the law.
  2. If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms.
  3. Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest.
  4. Destroy any str suspected to house an arms dump, shelter from which armed attacks are made or are likely to be made
  5. NO legal suits for their actions: bars prosecutions or proceedings- except with centre’s nod- against personnel for action committed while exercising powers under the Act.
45
Q

AFSPA: “disturbed area”?

A

A disturbed area is one which is declared by notification under Section 3 of the AFSPA. An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities.

The CG, or the Guv of the State or administrator of the UT can declare the whole or part of the State or Union Territory as a disturbed area.

Once declared disturbed, the region is maintained as disturbed for a period of three months straight, according to The Disturbed Areas (Special Courts) Act, 1976. The government of the state can suggest whether the Act is required in the state or not.

currently (2021) in force in

  1. whole of J&K: a separate AFSPA Act,
  2. whole of Assam,
  3. whole of Nagaland
  4. parts of AP (Tirap, Changlang and Longding districts and the areas falling under Namsai and Mahadevpur police stations, bordering Assam) and
  5. Manipur (whole except Imphal Municipal area)
  • AFSPA was revoked in Tripura in May 2015 after being in force since 1997, following substantial improvement in ground situation. Similarly, Meghalaya, after being under AFSPA for 27 yrs, was removed in 2018. The Act was implemented in a 20km area along the border with Assam.
  • The enforcement was withdrawn from several parts of Nagaland, Manipur and Assam after the demands for the same after Mon Massacre in Dec 2021.
46
Q

AFSPA: need/pros?

A
  • needed Border security and effective counter-insurgency
  • The army has, repeatedly, made it clear that it cannot operate without the AFSPA. It needs special powers to tackle homegrown terrorists.
  • Morale of forces will be hit with fear of legal actions in do-or-die situations
  • safeguards within the act:
    • arrested civilians handed over to the nearest police station at the earliest
    • Army guidelines asks to open fier only in self defence
    • CG does have powers to allow investigation in clear cases of violation of rule of law
47
Q

AFSPA: cons?

A
  • Human rights violations:
    • The act has been criticized by Human Rights Watch as a “tool of state abuse, oppression and discrimination”
    • Irom Chanu Sharmila also known as the “Iron Lady of Manipur”: On 2 November 2000, she began a hunger strike which ended on 9 August 2016 after 16 years.
    • “Malom massacre” in Imphal
    • Many human rights organizations such as Amnesty International and the Human Rights Watch (HRW) have condemned human rights abuses in Kashmir by police such as “extra-judicial executions”, “disappearances”, and torture
    • Wikileaks diplomatic cables have also shown that GoI also agrees to certian accusations
    • Fake Encounters:
      • Mon Massacre in Dec 2021 in Nagaland wherein 6 civilians were killed. SIT report by Nagaland govt , concluded that, Army commandos resorted to firing “without ensuring positive identification” and thereafter, reportedly, attempted to cover up the wanton killings by covering the bodies with a tarpaulin and sitting over them.
      • In 2012, the Extra Judicial Execution Victim Families Association of Manipur (EJEVFAM) approached the Supreme Court to have 1,528 cases of alleged fake encounters investigated by the CBI. The first six cases investigated on the court’s directive were found to be fake encounters. This prompted the Court to conclude that the veracity of the allegations made by the Association was beyond suspicion.
  • people to people communication and development of new avenues are the only way for peace, however laws like AFSPA cannot allow discussion in a trusting situation.
  • AFSPA has been counter-productive for the Army in two ways
    1. giving wide immunity to the forces can distort the choice of strategy in counter insurgency operations. It leads more to strategies that have more of “conventional war bias,” one that often emphasises kills and area domination rather than smarter tactical and political incorporation.
    2. wider immunity can often reduce rather than increase the professionalism of the forces.
  • Violation of Indian Federalism: AFSPA was a “measure intended to achieve the same result as contemplated by a Proclamation of Emergency under Article 352” and that it would displace the civil force of state with the armed forces.
  • Justice Jeevan Reddy Commission recommended repealing AFSPA as “the Act is a symbol of hate, oppression, and instrument of high-handedness” in its 2005 report. It also pointed out that the accountability mechanisms internal to AFSPA have not worked.
  • 2nd ARC also recommended repeal in its fifth report. It commented that its scrapping would remove sentiments of discrimination and alienation among the people of the North East India
  • the blunt truth is that in none of the areas where AFSPA has been in force have the armed forces been able to, through the use of arms, fully root out insurgency even after seventy years.
48
Q

AFSPA: SC verdict 2016?

A

any encounter carried out by armed forces in the garb of AFSPA should be subjected to thorough inquiry

court held that “there is no concept of absolute immunity from trial by a criminal court” if an Army man has committed an offence.

“It does not matter whether the victim was a common person or a militant or a terrorist, nor does it matter whether the aggressor was a common person or the state. The law is the same for both and is equally applicable to both. This is the requirement of a democracy and the requirement of preservation of the rule of law and the preservation of individual liberties.”

The judgment came on a plea by hundreds of families in Manipur for a probe by a SIT into 1,528 cases of alleged fake encounters involving the Army and the police.

Howwever, there have apparently been no hearings in this case for three years.

49
Q

AFSPA: SC 1997 guidelines?

A

While upholding the validity of the law, SC issued guidelines in the case of Naga People’s Movement of Human Rights v Union of India, 1997

  1. while declaring a region as “disturbed area”, the opinion of the state government must be taken and there must a periodic review of the situation.
  2. officer in the armed forces shall use minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.
  3. A complaint containing an allegation about misuse or abuse of the powers conferred under the Central Act shall be thoroughly inquired into and, if on enquiry it is found that the allegations are correct, the victim should be suitably compensated and the necessary sanction for institution of prosecution and/or a suit or other proceeding should be granted
50
Q

AFSPA: suggestions?

A
  • repeal with incorporating necessary provisions into CrpC. amend the UAPA, 1967 inserting a new chapter to deploy the armed forces of the Union in the North eastern States
  • instead of having a umbrella protection, define terms clearly for eg. ‘disturbed’ criteria, ‘dangerous’ etc.
  • committees to oversee the abuse complaints, consisting of representatives of army, govt as well as public
  • fast track all human rights violations cases. Delay in investigation by committees or courts need to be communicated
  • at the heart of AFSPA is a profound mutilation of human empathy. It is not a question of human rights OR national security. AFSPA is not just a law. It creates a whole culture. Think of what it would be like to live under a legal regime, where the state is given such wide powers.
51
Q

Naga insurgency: pre-independence?

A
  • The Naga Hills became part of British India in 1881.
  • The effort to bring scattered Naga tribes together resulted in the formation of the Naga Club in 1918.
  • The Naga club rejected the Simon Commissionin 1929 and asked them “to leave us alone to determine for ourselves as in ancient times”.
  • The club metamorphosed into the Naga National Council (NNC) in 1946.
52
Q

Naga insurgency: post-independence?

A
  • Under the leadership of A Z Phizo, the NNC declared Nagaland as an independent State on August 14, 1947, and conducted a “referendum” in May 1951 to claim that 99.9% of the Nagas supported a “sovereign Nagaland”.
  • Pandit Nehru rejected the demand, but he kept Naga matters under a director in the ministry of external affairs.
  • On March 22, 1952, Phizo formed the underground Naga Federal Government (NFG) and the Naga Federal Army.
  • The government of India sent in the Army to crush the insurgency and, in 1958, enacted AFSPA.
  • Indira Gandhi offered them “anything but independence”, but transferred the issue to the home ministry, further angering the Nagas.
  • In 1975, when the government signed the Shillong Accord, under which this section of NNC and NFG agreed to give up arms.
  • A group of about 140 members led by T. Muivah, who was at that time in China, refused to accept the Shillong Accord and formed the National Socialist Council of Nagaland (NSCN) in 1980. Muivah also had Isak Chisi Swu and S S Khaplang with him.
  • In 1988, the NSCN split into NSCN (IM) and NSCN (K) after a violent clash.
    • NSCN(IM) is dominated by the Tangkhul tribe of Ukhrul, Manipur (to which Muivah belongs) and the Sema tribe (from which Isak hailed) of Nagaland
  • While the NNC began to fade away, and Phizo died in London in 1991, the NSCN (IM) came to be seen as the “mother of all insurgencies” in the region.
53
Q

Naga insurgency: the history of peace process?

A
  • In June 1947, Assam Governor Sir Akbar Hydari signed the Nine-Point Agreement with the moderates in the NNC but the main leaders of the movement like Phizo were not taken into confidence and hence Phizo rejected it outrightly.
  • A 16-point Agreement followed in July 1960 leading to the creation of Nagaland on December 1, 1963. In this case, the agreement was with the Naga People’s Convention that moderate Nagas formed in August 1957 during a violent phase and not with the NNC.
  • In April 1964, a Peace Mission was formed for an agreement on suspension of operations with the NNC, but it was abandoned in 1967 after six rounds of talks.
  • On November 11, 1975, the government signed the Shillong Accord, under which this section of NNC and NFG agreed to give up arms.
    • However, a faction within the group refused to accept the Shillong Accord and formed the National Socialist Council of Nagaland in 1980.
  • Ceasefire Agreement (1997): The NSCN-IM signed a ceasefire agreement with the government to stop attacks on Indian armed forces. In return, the government would stop all counter-insurgency offensive operations.
  • The current govt, and the NSCN-IM, had signed a Naga Peace Accord in August 2015 (Framework agreement) which was claimed a historic achievement at that time. But a final accord has remained elusive since then.
54
Q

Naga insurgency: Shillong Accord?

A

signed in 1975 betn Nagaland Guv and underground grps

  1. The representatives of the underground organisations conveyed decided to accept, without condition, the Constitution of India.
  2. It was agreed that the arms, now underground, would be brought out and deposited at appointed places.
  3. It was agreed that the representatives of the underground organisations should have reasonable time to formulate other issues for discussion for final settlement.

rejected by many top NNC leaders on the ground that it did not address the issue of Naga sovereignty and forced Nagas to accept the Indian Constitution.

55
Q

Naga insurgency: hurdles in peace?

A
  • Recognition of Naga sovereignty, integration of all Naga-speaking areas into a Greater Nagaland, Separate Constitution (Naga Yezabo) and Separate Flag are the demands that the union government may find difficult to fulfil.
  • The current demands of the NSCN (IM) have toned down from complete sovereignty to greater autonomous region within the Indian constitutional framework with due regard to the uniqueness of Naga history and traditions.
  • However, negotiations with the NSCN-IM have remained complicated, as Nagas are demanding the integration of their ancestral homelands to form Greater Nagalim, which include territories in Assam, Manipur and Arunachal Pradesh.
    • All three states have refused to cede territory to the Nagas.
  • In the early phase, the Naga insurgents were provided with what has come to be known as ‘safe haven’ in Myanmar.
  • India’s adversaries (China and Pakistan) also provided them with vital external support at one point in time.
  • The porous border and rugged terrain make it different for the Security Forces as they cross borders where they are sheltered and fed.
  • AFSPA: recent massacre of 14 civilians in Nagaland in Dec 2021
    *
56
Q

Naga insurgency: failure of Framework Agreement 2015?

A

NSCN(IM) and the Indian government differed in their understanding of the framework agreement. The group was insistent on a Naga constitution, and was pushing for a Greater Nagalim stretching beyond the boundaries of the present Nagaland state.

insistence of NSCN-IM to be the sole representative of Naga interests. Attmepts to talk with Naga National Political Groups (NNPGs) was seen as an effort to segregate Naga society

insitence of separate Naga constitution and flag

57
Q

Greater Tipraland?

A

several tribal outfits in Tripura have joined hands to push their demand for a separate state for indigenous communities in the region. The parties are demanding a separate state of ‘Greater Tipraland’ for the indigenous communities of the north-eastern state. They want the Centre to carve out the separate state under Article 2 and 3 of the Constitution

‘Greater Tipraland’ is essentially an extension of the ruling tribal partner Indigenous Peoples Front of Tripura – IPFT’s demand of Tipraland, which sought a separate state for tribals of Tripura.
● The new demand seeks to include every tribal person living in indigenous area or village outside the Tripura Tribal Areas Autonomous District Council (TTAADC) under the proposed model.
● However, the idea doesn’t restrict to simply the Tripura tribal council areas, but seeks to include ‘Tiprasa’ of Tripuris spread across different states of India like Assam, Mizoram etc. as well, even those living in Bandarban, Chittagong, Khagrachari and other bordering areas of neighbouring Bangladesh.
What’s the issue?
Regional political parties say the call of Greater Tipraland’ rose due to unfulfilled demands of revising NRC in Tripura and opposition to CAA in the past.

58
Q

Reform of India’s security architecture post Kargil war?

A

After the 1999 Kargil incursion, the central government conducted a comprehensive review and reform of India’s intelligence apparatus in particular, and national security system in general. Based on the recommendations of a Special Task Force, the government set up a revamped national-security mechanism. The main features of the new mechanism included

  • the creation of a National Security Council (NSC), chaired by the prime minister and consisting of a few cabinet members to discuss national-security issues;
  • a Strategic Policy Group (SPG), headed by the cabinet secretary and comprising the professional heads of the ministries concerned with national security and the heads of intelligence agencies and armed forces, to work out policy options and submit them to the NSC for consideration;
  • a National Security Advisory Board (NSAB) consisting of non-governmental experts to provide policy inputs to the National Security Council Secretariat (NSCS)
  • NSCS: was set up to aid the work of the NSAB, the SPG and NSC; and the National Security Advisor (NSA) to oversee the functioning of the new mechanism and to advise the prime minister on national-security issues.

Recently, the central government has effected a change in the SPG. It will now be headed by the NSA instead of the cabinet secretary. Its 18 members include the three service (army, navy, air force) and two intelligence chiefs (IB and RAW); defence, home, finance, revenue, and space secretaries; the governor of the Reserve Bank of India; and vice chairperson of the NITI Aayog.

The Joint Intelligence Committee (JIC), a part of the NSCS, collates national-level intelligence inputs from all intelligence agencies and presents its independent analysis to the Cabinet Committee on Security (CCS).

The Defence Intelligence Agency (DIA), as a nodal point to coordinate the activities of army, navy and air-force intelligence, complements the work of the RAW.