extremism and internal security Flashcards
CORAS?
- Commando for Railway Security
- launched to meet the challenges to Railway security esp in LWE/Insurgency/Terrorism affected Railway areas.
- With an average age between 30-35 years, CORAS will always be young and motivated staff.
INdian special forces?
India has several Special Forces (SF) units. They work under various commands including the three armed forces as well as Home ministry.
- MARCOS of INdian navy
- Para commandos of Army
- Garud commando force of Airforce
- Ghatak forces
- COBRA
- Force One
- NSG
- SPG
- RAW has separate special forces under its control, namely the Special Group and the Special Frontier Force.
Indian special forces: MARCOS?
- 1985
- were deployed in Sri Lanka against LTTE
- also participated in Kargil war
- Since 1995, MARCOS are permanently deployed for counter-terrorism operations in Jammu and Kashmir against militants
- Each MARCOS squad, called Prahar, is composed of 8 soldiers.
Indian special forces: Para (SF)?
- Parachute Regiment (Special Forces), or Para (SF) created in 1966 in aftermath of 1965 Indo-Pak war
- 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)
- also part of 2016 surgical strikes and 2015 operation Hot Pursuit
- parachute units of the Indian Army are among the oldest airborne units in the world.
Indian special forces: Garud commando forces?
- estbalished in 2004
- They also provide security to IAF’s vulnerably located assets
Indian special forces: NSG?
- is a specialized counter-terrorism Federal Contingency Force, created in 1986, in the wake of Operation Bluestar, under MHA under NSG act
- modelled on the basis of the British Special Air Service and the German GSG 9
- popularly referred to as the ‘Black Cats’ due to their distinct black uniforms
- under Home ministry
- raised to combat terrorist activities and to guarantee the states do not experience any internal disturbances. played a crucial role in 26/11
Indian special forces: SPG?
- raised in 1985
- 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.
- under the Cabinet Secretariat commences under Special Protection Group Act, 1988.
SPG Act? Protocols on PM security?
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
Indian special forces: COBRA?
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.
CAPF: about?
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.
Assam Rifles?
- 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:
- Conventional combat role during the Sino-India War 1962.
- Operations in a foreign land as part of the Indian Peace Keeping Force to Sri Lankain 1987 (Operation Pawan).
- Peacekeeping role in the North-Eastern areas of India.
- In November 2019, MHA proposed to merge it with the Indo-Tibetan Border Police (ITBP).
BSF?
- 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
CISF?
- 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.
CRPF?
- 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.
ITBP?
- 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.
Sahastra Seema Bal?
- 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.
Tekulguda is associated with?
Tekulguda is a village in Bastar district of Chhatisgarh where CRPF soldiers were ambushed by Naxals and 20+ were killed
Counterinsurgency (COIN) against Maoists: suggestions?
- Tekulguda ambush must serve as a jolt against complacency.
- 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.
- govt must not let and public opinion come in way of inviting Naxals to talk. must learn from USA-taliban talks
- 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
- 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.
Deportation of Rohigyas by India: arguments in support?
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- SC held that Rohingyas’ claim to a right against deportation is concomitant with the right to reside in any part of the country
Deportation of Rohigyas by India: arguments against?
- United Nations has termed the Rohingya as the world’s most persecuted ethnic minority.
- 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.
- 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.
- Article 14 and 21 constitutional protections were equally available to every “person”, including refugees.
- 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
- 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
- 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
National Security Act 1980?
- 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
- NSA empowers the Centre or a State government to detain a person to prevent him from acting in any manner prejudicial to national security.
- grounds for invoking
- national security
- disruption of public order
- maintenance of supplies and essential services
- maximum period for which one may be detained is 12 months. But the term can be extended if the government finds fresh evidence
- 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.
- NCRB data does not include cases under the NSA as no FIRs are registered under it
- Experts describe the validity of the Act even during peacetime as ‘anachronism’.
SC judgements wrt sec 124A of IPC (Sedition)? Law commission?
- 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.
- 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.
- 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
sedition cases in India:
- Definition?
- stats?
- 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.
- 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
- majority of cases are against people in age grp 18-30