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GS Paper: GS3-21.Role of External State and Non-state Actors in creating challenges to Internal Security.

  • How do Assam’s Foreigners Tribunals function? 

    Why in the news? 

    On July 5, the Assam government instructed the Border wing of the State police not to refer cases of non-Muslims who entered India illegally before 2014 to the Foreigners Tribunals (FTs).

    About Foreigners Tribunals: 

    • Foreigners Tribunals are quasi-judicial bodies established to determine if a person staying illegally in India is a “foreigner” or not.
    • They were set up under the Foreigners (Tribunals) Order, 1964, enacted by the central government under the Foreigners Act, 1946.
    • Initially, only the central government could set up these tribunals. But a 2019 amendment empowered district magistrates in all states and UTs to establish Foreigners Tribunals.
    • The tribunals have the powers of a civil court to summon witnesses, require document production, and examine evidence.

    Decision-Making Process of Foreigners Tribunals:

    • Referral: Individuals suspected of being foreigners are referred to FTs by local authorities or border police. This referral can be based on various factors, including lack of documentation or doubtful voter status.
    • Notice Issuance: Upon receiving a reference, the FT issues a notice to the person alleged to be a foreigner. This notice is served in English or the state’s official language.The person has 10 days to respond to the notice and an additional 10 days to submit evidence supporting their claim of citizenship.
    • Submission of Evidence: The individual must present evidence to prove their Indian citizenship. This may include documents like birth certificates, school certificates, land records, or other official records.
    • Verification: The tribunal examines the documents and evidence provided, and may call witnesses or seek additional information if necessary.
    • Hearing: The FT has the authority to summon and examine the individual on oath, and to require the production of additional documents. The tribunal operates with certain powers of a civil court.
    • Judgment: If the evidence provided is deemed insufficient to prove citizenship, the individual may be declared a foreigner. If evidence is adequate, the person is recognized as an Indian citizen.
    • Detention and Deportation: If declared a foreigner and unable to appeal successfully, the person may be sent to a detention center (transit camp) for deportation.

    Role of Border Police:

    • Detection and Referral: The Assam Police Border Organisation is responsible for detecting illegal foreigners and referring suspicious cases to FTs.
    • Patrolling and Defence: They patrol the India-Bangladesh border, work with the Border Security Force, and maintain a second line of defense.
    • Monitoring: They monitor people settled in riverine and char (sandbar) areas.
    • Cases of ‘D’ Voters: They refer cases of ‘D’ (doubtful) voters to FTs as directed by the Election Commission of India.
    • NRC Appeals: People excluded from the NRC can appeal to the FTs through this wing to prove their citizenship.

    Challenges and Criticisms:

    • Supreme Court Rulings: The Supreme Court has overturned FT orders citing grave miscarriages of justice, such as the wrongful declaration of a deceased farmer, Rahim Ali, as a foreigner.
    • Corruption and Malpractice: Observations have been made about corruption within the system, with allegations of notices being improperly served.

    Conclusion: Need to Implement stricter oversight and auditing of Foreigners Tribunals to ensure fairness and adherence to legal procedures. Regular reviews and monitoring can help prevent corruption and malpractice, ensuring that notices are properly served and tribunal processes are transparent.

    Mains PYQ: 

    Q How far are India’s internal security challenges linked with border management particularly in view of the long porous borders with most countries of South Asia and Myanmar? (UPSC IAS/2013)

  • What is Maharashtra’s new bill to combat Naxalism in urban areas?   

    Why in the News? 

    The Maharashtra state government has introduced a comprehensive new legislation – Maharashtra Special Public Security (MSPC) Bill, 2024,  to address the growing incidence of Naxalism in urban areas.

    • The Maharashtra government claims that Naxalism is no longer limited to remote rural areas, but has now spread its influence to urban centers through “frontal organizations”.
    • The government argues that existing laws like the Unlawful Activities Prevention Act (UAPA) and Maharashtra Control of Organised Crime Act are not sufficient to effectively control these urban Naxal organizations.

    Key provisions drafted under the MPSC Bill, 2024:

    Declaration of Unlawful Organizations The bill empowers the state government to declare any organization as “unlawful” under Section 3. 

    An advisory board of three qualified individuals (current/former/qualified High Court judges) will review such decisions as per Section 4.
    Definition of Unlawful Activities The bill defines “unlawful activities” in broad terms, including “activities threatening public order, peace, and tranquility” (Section 2(f)(i)), “interference with law administration and public servants” (Section 2(f)(ii)), and “encouraging disobedience to law and institutions” (Section 2(f)(iv)).
    Cognizable and Non-Bailable Offences All offences under this law will be cognizable and non-bailable, and will be investigated by a police officer not below the rank of a Sub-Inspector as per Section 9.
    Punishments
    • Members of Unlawful Organizations: Imprisonment up to 3 years and fines up to Rs 3 lakh (Section 10)
    • Non-members Contributing or Aiding Unlawful Organizations: Imprisonment up to 2 years and fines up to Rs 2 lakh (Section 11)
    • Management or Promotion of Unlawful Organizations: Imprisonment up to 3 years and fines up to Rs 3 lakh (Section 12)
    • Committing, Abetting, or Planning Unlawful Activities: Imprisonment up to 7 years and fines up to Rs 5 lakh (Section 13)
    Seizure and Forfeiture The District Magistrate or Commissioner of Police can notify and take possession of any place used for unlawful organization activities (Section 14). The government can also forfeit money and assets intended for unlawful organizations (Section 15).
    Legal Review An advisory board must review the declaration of unlawful organizations within six weeks and submit a report within three months (Section 4). The High Court can review government actions through revision petitions (Section 7).

     

    Why it is being seen as a threat to civil liberty:

    • Vague Definitions of Unlawful Activities: The bill defines “unlawful activities” in broad and vague terms, including “activities threatening public order, peace, and tranquility” and “encouraging disobedience to law and institutions” in Section 2(f)(i) and (iv).
    • Excessive Powers Granted to the State: The bill allows the state government to unilaterally declare an organization as “unlawful” without adequate judicial oversight in Section 3. It also empowers District Magistrates and Police Commissioners to grant permission for prosecution, bypassing the courts in Section 9.
    • Threat to Civil Liberties and Press Freedom: The bill’s broad provisions in Sections 2(f) and 8 could be used to criminalize activities such as reporting on administrative failures or the plight of citizens, as seen in other states with similar laws. This poses a threat to press freedom and the right to freedom of expression.
    • Lack of Transparency and Public Consultation: The bill was tabled hastily, with the draft not made available for public scrutiny and objections, as noted by civil society members.

    Potential for Misuse and Abuse: Given the vague definitions in Section 2(f) and excessive powers granted to the state in Sections 3, 8 and 9, the bill has a high potential for misuse and abuse against political opponents, activists, and journalists, turning Maharashtra into a “police state”.

    Way forward: 

    • Consultative Process: The Maharashtra government should engage in a consultative process with legal experts, civil society organizations, and stakeholders to refine the bill’s provisions, ensuring they align with constitutional principles and international human rights standards.
    • Safeguarding Rights: Introduce safeguards such as judicial oversight in the process of declaring organizations unlawful, ensuring that fundamental rights like freedom of expression and assembly are protected while addressing legitimate security concerns effectively.

    Mains PYQ: 

    Q  Naxalism is a social, economic and developmental issue manifesting as a violent internal security threat. In this context, discuss the emerging issues and suggest a multilayered strategy to tackle the menace of Naxalism. (2022)

  • [28th June 2024] The Hindu Op-ed: Reasi and the ‘years-old’ issue of cross-border terror 

    PYQ Relevance:

    Q Analyse the complexity and intensity of terrorism, its causes, linkages and obnoxious nexus. Also suggests measures required to be taken to eradicate the menace of terrorism. (UPSC IAS/2021)

    Q  Indian government has recently strengthed the anti-terrorism laws by amending the Unlawful Activities (Prevention) Act, (UAPA), 1967 and the NIA Act. Analyze the changes in the context of the prevailing security environment while discussing the scope and reasons for opposing the UAPA by human rights organisations. (UPSC IAS/2019)

    Mentor comment: Terrorism is the use of violence and intimidation, especially against civilians, to achieve political, ideological, or religious goals. It disrupts societal peace, spreads fear, and causes loss of lives and property. Combating terrorism requires global cooperation, robust intelligence, and addressing underlying issues like poverty, inequality, and political instability to prevent radicalization and promote peace.

    Let’s learn!

    Why in the News?

    • The Reasi terrorist attack on June 9 coincided with PM Narendra Modi’s third-term swearing-in.
    • This attack is reminiscent of the May 23, 2014, attack on the Consulate General of India (CGI) in Herat, Afghanistan, just before Modi’s first swearing-in.

    Terrorism: A Continuing Challenge

    • Potential links to Pakistani terrorist groups: The Reasi attack’s potential links to terrorist groups in Pakistan underscore a 35-year ongoing threat in J&K.
    • Inspiration from Afghan Jihad: Inspired by the Afghan Jihad, Pakistan believed similar tactics could pressure India in Kashmir.
    • Early 1990s developments: The Indian state and its security forces took time to develop effective counter-insurgency and counter-terrorism strategies in the early 1990s.

    Pakistan’s Commitment to the ‘Terror Cause’

    • Support from Pakistan Army and leaders: The Pakistan Army and political leaders like Nawaz Sharif and Benazir Bhutto supported J&K separatism through terror.
    • Bhutto’s stance in 1994: Benazir Bhutto refused to engage in talks with India in 1994 unless India addressed J&K on Pakistan’s terms, leading to no dialogue during her tenure.
    • Sharif’s 1997 initiative: Nawaz Sharif, during his second term as Prime Minister in 1997, sought a structured dialogue with India focusing on humanitarian issues and conflict resolution, with J&K as a priority.

    India’s Diplomatic Approach

    • Mid-1990s confidence: By the mid-1990s, India combined force with political activity, holding J&K Assembly elections in 1996.
    • Resolution through Simla Agreement: India aimed to resolve the external J&K issue peacefully through the Simla Agreement of 1972.
    • Pakistan’s use of Islamist non-state actors: Pakistan’s use of Islamist non-state actors to promote terrorism nullified the constraints of the Simla Agreement, making terrorism a strategic issue for India.

    Composite Dialogue and Pakistan’s Intransigence

    • 1998 bilateral composite dialogue: In 1998, India and Pakistan agreed on a composite dialogue, including ‘terrorism and counter-narcotics’ as key issues.
    • Pakistan’s reluctance: Pakistan’s reluctance to address India’s concerns on terrorism persisted, as it viewed the calibrated use of terrorist groups as part of its security doctrine.
    • Continued use of terrorism: Despite the efforts of Prime Ministers Vajpayee, Manmohan Singh, and Modi, Pakistan continued using terrorism as a tool against India.

    Challenges with Diplomatic Solutions

    • Public opinion in India: Public opinion in India often favored military action after major terrorist attacks.
    • Post-2008 Mumbai attack: After the 2008 Mumbai terrorist attack, Dr. Manmohan Singh opted for global diplomatic support rather than military action.
    • Post-2001 Parliament attack: After the 2001 Parliament attack, the A.B. Vajpayee government mobilized the armed forces but refrained from war due to assurances from Pakistan’s President Pervez Musharraf.

    Pre-emption and Military Action

    • Post-Pulwama attack in 2019: After the Pulwama attack in 2019, India launched the Balakot aerial strike and announced a doctrine of pre-emption.
    • 2016 surgical strikes: Earlier, limited force was used in surgical strikes following the Uri attack in 2016. However, ambiguity remains regarding the threshold for military action.

    International Recognition and Diplomatic Efforts

    • Major powers’ recognition: Major powers recognize Pakistan’s use of terrorism against its neighbors.
    • Plausible deniability: Despite plausible deniability, Pakistan’s actions are increasingly unsustainable.
    • Evidence linking attacks to Pakistani groups: India has provided evidence linking Pakistani terrorist groups to various attacks, but Pakistan has failed to act.
    • Post-Reasi attack emphasis: After the Reasi attack, External Affairs Minister S. Jaishankar emphasized the need to address cross-border terrorism and its escalation risks between nuclear-armed countries.

    Conclusion

    • Strengthening Intelligence and Border Security: Enhance coordination among intelligence agencies for early detection of threats, and invest in advanced surveillance technologies. Implement stricter border controls using drones, sensors, and biometric systems to prevent terrorist infiltration and smuggling of weapons.
    • International Cooperation and Counter-Radicalization: Collaborate with global allies to share intelligence and counter-terrorism strategies, while engaging in diplomatic efforts to pressure countries harboring terrorists. Develop community outreach programs to counter extremist ideologies and promote education and awareness campaigns that emphasize tolerance and peace.

    https://www.thehindu.com/opinion/lead/reasi-and-the-years-old-issue-of-cross-border-terror/article68341431.ece

  • UNODC World Drug Report 2024: Key Highlights

    Why in the News?

    • Global drug users reached 292 million in 2022, marking a 20% increase over the past decade. The report was released by the United Nations Office on Drugs and Crime (UNODC).

    About UNODC

    Aspect Details
    Global Role Leader in the fight against illicit drugs and international crime, responsible for implementing the UN’s lead programme on terrorism.
    Headquarters Vienna, Austria.
    Establishment Formed in 1997 through the merger of the United Nations Drug Control Programme and the Centre for International Crime Prevention.
    Functions 1. Educate people about the dangers of drug abuse.

    2. Strengthens international action against illicit drug production and trafficking.

    3. Improves crime prevention and assists with criminal justice reform.

    4. Supports States in ratifying and implementing legal instruments against terrorism.
    Funding Relies mainly on voluntary contributions from governments.
    India and UNODC India works closely with UNODC on multiple fronts, including drug control, crime prevention, and anti-terrorism measures.

     

    Cannabis Use: An Overview  

    According to the WHO, cannabis is a generic term for the various psychoactive preparations of the plant Cannabis sativa. Following are the derived products of Cannabis:

    • THC: The major psychoactive constituent in cannabis is Delta-9 tetrahydrocannabinol (THC).
    • Marijuana (Ganja): The Mexican term is frequently used to refer to cannabis leaves or other crude plant material in many countries.
    • Hashish: Refers to unpollinated female cannabis plants.
    • Cannabis Oil (Hashish Oil): A concentrate of cannabinoids obtained by solvent extraction of the crude plant material or resin.

    International Laws Regulating Cannabis

    • Commission on Narcotic Drugs (CND): The CND founded in 1946, is the UN agency mandated to control substances under global drug control conventions.
    • 1961 Single Convention on Narcotic Drugs: Cannabis has been on Schedule IV, the most dangerous category, since the convention’s inception.
      • Despite being on Schedule IV, many jurisdictions have legalized cannabis for medicinal and recreational use.
      • Over 50 countries now allow medicinal cannabis programs, and recreational use has been legalized in Canada, Uruguay, and 15 US states.

    Indian Context: Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985

    • Illegalization: The Act illegalizes any mixture of charas and ganja, or any drink prepared from them.
    • Legal Exceptions: The law does not ban the use of seeds and leaves of the cannabis plant if these are not mixed with other parts of the plant. For example, bhang, commonly consumed during the Holi festival, and chutney made from cannabis seeds are not illegal.

    PYQ:

    [2019] Consider the following statements:

    1. The United Nations Convention against Corruption (UNCAC) has a ‘Protocol against the Smuggling of Migrants by Land, Sea and Air’.
    2. The UNCAC is the ever-first legally binding global anti-corruption instrument.
    3. A highlight of the United Nations Convention against Transnational Organized Crime (UNTOC) is the inclusion of a specific chapter aimed at returning assets to their rightful owners from whom they had been taken illicitly.
    4. The United Nations Office on Drugs and Crime (UNODC) is mandated by its member States to assist in the implementation of both UNCAC and UNTOC.

    Which of the statements given above are correct?

    (a) 1 and 3 only
    (b) 2, 3 and 4 only
    (c) 2 and 4 only
    (d) 1, 2, 3 and 4

     [2018] India’s proximity to the two of the world’s biggest illicit opium-growing states has enhanced her internal security concerns. Explain the linkages between drug trafficking and other illicit activities such as gunrunning, money laundering and human trafficking. What counter-measures should be taken to prevent the same?

  • Enemy Agents Ordinance: Strict Measures for Militant Assistance in J&K

    Why in the News?

    • J&K Director General of Police stated that individuals assisting militants in J&K should be tried under the Enemy Agents Ordinance, 2005.

    Enemy Agents Ordinance: An Overview

    • It was first issued in 1917 by the Dogra Maharaja of J&K, the ordinance remains in effect.
    • The ordinance mandates death or rigorous imprisonment for life, or imprisonment up to 10 years with a fine for aiding the enemy or engaging in actions detrimental to Indian military operations.
    • Its Evolution:
      • Post-Partition Incorporation: The ordinance was retained as a law in J&K post-1947 and amended over time.
      • Changes Post-2019: Following the repeal of Article 370, the Jammu and Kashmir Reorganisation Act retained the Enemy Agents Ordinance and other security laws while replacing many state laws with Indian laws, such as the Indian Penal Code.

    Trial Procedures under the Ordinance

    • Special Judge Appointment: Trials are conducted by a special judge appointed by the government in consultation with the High Court.
    • Legal Representation: Accused individuals can only engage a lawyer if permitted by the court.
    • No Appeal Provision: Verdicts can only be reviewed by a High Court judge chosen by the government, with the decision being final.
    • Publication Bar: Unauthorized disclosure or publication of trial information is punishable by imprisonment up to two years, fine, or both.

    Notable Application of the Ordinance

    • Notable Cases: Many Kashmiris have been tried under the ordinance, including Maqbool Bhat, the founder of Jammu Kashmir Liberation Front, who was hanged in Tihar Jail in 1984.
    • Current Context: The Enemy Agents Ordinance continues to be a critical tool in addressing militant assistance in J&K, reflecting the stringent legal measures in place to maintain security.

    PYQ:

    [2019] The banning of ‘Jamaat-e-Islami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs.

    [2019] Indian government has recently strengthen the anti-terrorism laws by amending the unlawful activities (Prevention) Act, (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing scope and reasons for opposing the UAPA by human rights organisations.

  • Philippines hails BrahMos Missiles as a ‘game changer’

    Why in the News?

    • The BrahMos cruise missiles so inducted are termed a “game changer” by the Philippines envoy. The missiles provide credible defence and deterrent capabilities to the Philippines’ armed forces.

    About BrahMos Missiles

    • BrahMos is a joint venture between the DRDO and Russia’s NPO Mashinostroyeniya.
    • The name BrahMos comes from the two rivers, the Brahmaputra of India and the Moskva of Russia.
    • The first successful test in 2001 was conducted from a specially designed land-based launcher.

    Capabilities:

    • BrahMos is a medium-range ramjet supersonic cruise missile.
    • Launched from: submarines, ships, aircraft, or land.
    • It is the fastest supersonic cruise missile in the world.
    • It has two stages:
    1. The first stage comprised a solid-fuel rocket booster and
    2. The second stage comprises a liquid-fueled ramjet. ( because it provides the capability to manoeuvre and increase the range of missiles)

    Warhead:

    • Ship-launched and land-based missiles can carry a 200 kg warhead,
    • Aircraft-launched variant (BrahMos A) can carry a 300 kg warhead.

    Variants and Range 

    • The missile travels at speeds of Mach 2.8 to 3.0, which is being upgraded to Mach 5.0.
    • A hypersonic version of the missile, BrahMos-II, is also presently under development with a speed of Mach 7-8 to boost aerial fast strike capability.
    • Initially restricted by the Missile Technology Control Regime to a range of 290km, the BrahMos missile’s range was extended to 450km following India’s entry into the regime in June 2016.
    • Ongoing efforts aim further to extend the missile’s range beyond 600km, enhancing its operational reach and effectiveness in various scenarios.

    India-Philippines Relations: A quick recap

    • Context: 2023 marked the 75th anniversary of bilateral relations between India and the Philippines.
    • Equipment Transfers: These agreements facilitated government-to-government procurement of defence material and equipment.

    Details of the BrahMos Deal

    A MoU on defence cooperation was signed in 2006, reinforced by a 2017 MoU on defence industry and logistics cooperation.

    • Contract Details: In January 2022, the Philippines signed a $375 million deal with India for three batteries of shore-based anti-ship BrahMos missiles.
    • First Export Customer: The Philippines became the first export customer for the joint India-Russia venture.
    • Delivery Milestone: The first batch of missiles was delivered in April 2024.
    • Boost to India’s Defence Export: This deal marks India’s first overseas export of the BrahMos, showcasing India’s growing defence industry capabilities.

    Bilateral Trade and Economic Cooperation

    • Trade Milestone: In 2023, bilateral trade crossed the $3 billion mark for the first time, with a trade balance in India’s favour.
    • Preferential Trade Agreement (PTA): Ongoing negotiations for a PTA aim to enhance trade balance and diversification.
    • Trade Partnerships: India is among the top 15 trade partners for the Philippines.

    Modernisation of the Philippines Armed Forces

    • Phase-3 Modernisation: The Philippines armed forces are in phase-3, termed Horizon-3, of their modernisation programme.
    • Focus Areas: They are looking at acquiring ships, aircraft, and radars, and enhancing Maritime Domain Awareness (MDA).
    • Strategic Goals: Aiming to defend entitlements and secure their Exclusive Economic Zone (EEZ) against China over its claims for the South China Sea.

     

    PYQ:

    [2014] Which reference to the Agni-IV Missile,

    which of the following statements is/are correct?

    1. It is a surface-to-surface missile.
    2. It is fuelled by liquid propellant only.
    3. It can deliver one-tonne nuclear warheads about 7500 km away.

    Select the correct answer using the code given below.

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

  • 40 Years since Operation Blue Star

    Why in the News?

    June 1, the day Punjab votes in the last phase of the Lok Sabha election, happens to be the anniversary of “Operation Blue Star” which has influenced the recent history and politics of the state.

    Operation Blue Star

    • Operation Blue Star was a military operation carried out by the Indian Army in June 1984 to remove  Khalistani group-based militants who were hiding inside the Golden Temple complex in Amritsar, Punjab.
    • The militants, led by Jarnail Singh Bhindranwale, had fortified the temple complex and were advocating for an independent Sikh state called Khalistan.
    • The operation aimed to flush out the militants from the Golden Temple complex and restore law and order in the region.
    • However, it resulted in significant casualties and damage to the sacred shrine.
    • The operation began on June 1, 1984, and lasted for 10 days

    The operation was highly controversial and led to widespread outrage among Sikhs, both in India and abroad. It also had political repercussions, including the assassination of Prime Minister Indira Gandhi by her bodyguards later that year, which sparked anti-Sikh riots across India.

    What is the Khalistan movement?

    • The Khalistan movement is a Sikh separatist movement aiming to establish a sovereign state called Khalistan (Land of the Khalsa) in the Punjab region of India and Pakistan.

    Factors Contributing to Khalistan’s Rise:

    • Partition of India (1947): The division of Punjab and the loss of Sikh holy sites in Pakistan led to a sense of displacement and marginalisation among Sikhs.
    • Linguistic Reorganization of States (1966): The creation of a Sikh-majority Punjab but with reduced territorial size and economic potential further fueled the desire for greater autonomy and cultural rights.
    • Anandpur Sahib Resolution (1973): The demand for greater autonomy and cultural rights for Punjab was seen as a secessionist threat by the central government, leading to increased tensions.
    • External Support: The involvement of external forces, such as Pakistan, which have supported and funded some Khalistani groups for their strategic interests, has also played a significant role in the movement’s persistence.

    PYQ:

    [2016] Has the formation of linguistic states strengthened the cause of Indian unity?

  • 50 year of Pokhran-I: Why India conducted its first Nuclear Tests?

    Why in the News?

    In the year 2024, India’s Pokhran-I have completed 50 years of its tests. The present variation in adopting Nuclear policies (especially Russia and China) around the world, reminds us of the historic Pokhran tests of 1974 by the Indian Government that were held amid secrecy.

    Background:

    • Post-World War II, new global alliances and alignments emerged amidst the Cold War between the US and USSR.
    • The Nuclear Nonproliferation Treaty (NPT) signed in 1968, aimed to prevent the spread of nuclear weapons. It defined nuclear-weapon states and non-nuclear states, but India objected to its discriminatory nature towards non-nuclear states.
    • India refused to sign the NPT due to its failure to address India’s concerns about the discriminatory nature of the treaty, particularly regarding non-nuclear states’ obligations.

    Why did India choose to conduct Nuclear Tests? 

    • India viewed the NPT as discriminatory towards non-nuclear states like itself, leading to its decision to conduct nuclear tests independently.
    • Indian scientists, notably Homi J Bhabha and Vikram Sarabhai, laid the groundwork for nuclear energy in India. The Department of Atomic Energy (DAE) was established in 1954.
    • Changes in leadership post-1960s, coupled with conflicts with China and Pakistan, influenced India’s decision to pursue nuclear capabilities. China’s nuclear tests in 1964 also played a role.

    How did Pokhran-I happen?

    • In Secrecy and Uncertainty: India conducted the nuclear test at Pokhran in 1974 without prior announcement, even amidst internal uncertainty among key decision-makers.
      • Operation Smiling Buddha (MEA designation: Pokhran-I) was the code name of India’s first successful nuclear weapon test on 18 May 1974.
      • The test demonstrated India’s nuclear capabilities and its ability to defend itself, though India chose not to weaponize immediately. The choice of Buddha Jayanti for the test date carried symbolic significance.
    • By Autonomous Approval: Despite opposition from some advisers, Prime Minister Indira Gandhi gave the go-ahead for the test, signaling India’s resolve. 

    What was the impact of the Pokhran-I Test?

    • Global Criticism: India faced criticism and sanctions from various countries, including the US, following the tests. The US enacted the Nuclear Non-Proliferation Act in 1978, halting nuclear assistance to India.
      • Despite international criticism, India asserted itself as a nuclear-capable nation, paving the way for future developments like Pokhran-II in 1998.
    • Diplomatic Goals: India sought acceptance as a responsible nuclear power and aimed to join international groups like the Nuclear Suppliers Group (NSG), facing resistance from some countries, notably China.
      • India’s nuclear tests marked a significant milestone in its defense and foreign policy, shaping its stance on nuclear issues and its position in global nuclear politics.

    Way forward for being in the NSG group:

    Engage in Diplomatic Outreach:

    • Strengthen bilateral relations with NSG member countries.
    • Engage in diplomatic dialogue to address concerns and build consensus on India’s membership.

    Demonstrate Commitment to Nonproliferation:

    • Continue adhering to nonproliferation norms and standards.
    • Showcase India’s responsible nuclear behaviour and track record in nuclear security.

    Mains PYQ

    Q With growing energy needs should India keep on expanding its nuclear energy programme? Discuss the facts and fears associated with nuclear energy. (250 Words, 15 Marks) (UPSC IAS/2018)

  • The delusion of eliminating ‘the last terrorist’

    Battalion approach is not best of counter-terrorism strategies

    Central Idea:

    The article, written by Shashank Ranjan, a retired Indian Army officer and current faculty member at O.P. Jindal Global University, critiques the counter-terrorism approach in Jammu and Kashmir, emphasizing the need to reevaluate the obsession with the number of terrorists killed. It highlights the historical context of insurgency in the Rajouri-Poonch region and argues that a singular focus on ‘kills’ may be counterproductive in achieving long-term stability.

    Key Highlights:

    • The new year in Jammu and Kashmir began with a terror strike in Rajouri-Poonch, leading to a renewed focus on the number of terrorists killed by security forces.
    • The article questions the efficacy of the current counter-terrorism approach, suggesting that an obsession with numbers may not align with the changing dynamics of insurgency in the region.
    • Ranjan draws attention to the historical success in curbing insurgency in Rajouri-Poonch by addressing the root causes, and how the focus on ‘kills’ might be contributing to the re-emergence of instability.

    Key Challenges:

    • The article highlights the challenges posed by a system that is reluctant to adapt to changing dynamics and continues to prioritize short-term gains and competitive career environments over long-term stability.
    • The gap between the tactical-level operations and people-centric approaches is emphasized, pointing out the lapses that have led to civilian casualties and operational rush for ‘kills.’
    • The reluctance of political initiatives in Jammu and Kashmir is mentioned as a challenge, hindering a comprehensive resolution through a whole-of-government approach.

    Key Terms:

    • Counter-terrorism: Measures and strategies to combat terrorism and insurgencies.
    • People-centric: Approaches and operations that prioritize the well-being and acceptance of the local population.
    • Whole-of-Government Approach: An integrated approach involving all government agencies to address complex issues.

    Key Phrases:

    • “Debatable obsession with the numbers of terrorists killed.”
    • “Misplaced focus of the counter-terrorism approach.”
    • “Tail wagging the dog” – Pursuing goals without regard to the means.

    Key Quotes:

    • “In our undue obsession with the numbers of ‘kills’, we may have been winning the battle by addressing the symptoms, but it has indeed been at the cost of the campaign.”
    • “Chasing numbers was the obvious option in the years when terror-related fatalities in J&K touched a yearly mark of 2,000-plus.”

    Key Statements:

    • “The situational dynamics, unfortunately, never ushered in adjustments in the modus operandi of security forces and assessment methodology of unit performance by the hierarchy.”
    • “Leadership is all about compensating any cost to the soldier, with the leader standing up to bridge the gap between the interests of people and soldiers.”

    Key Examples and References:

    • Refers to the historical success in curbing insurgency in Rajouri-Poonch by addressing root causes.
    • Mentions the unfortunate death of three civilians in Dera ki Gali as a consequence of lapses in people-centric policies.

    Key Facts and Data:

    • Reports declining terror-related fatalities in Jammu and Kashmir, contrasting figures at 134 in 2023 with over 2,000 in earlier years.
    • Highlights the absence of Assembly representation in J&K since 2018.

    Critical Analysis:

    The article critically analyzes the counter-terrorism approach, pointing out the flaws in focusing solely on the number of terrorists killed. It underlines the need for adaptation to changing dynamics, a people-centric approach, and a shift from short-term gains to long-term stability.

    Way Forward:

    • Urges a reevaluation of the current counter-terrorism strategy to align with the evolving dynamics of insurgency.
    • Emphasizes the importance of a people-centric approach and addressing the root causes of conflict.
    • Calls for political initiatives and a whole-of-government approach to achieving comprehensive and lasting stability in Jammu and Kashmir.

  • An anti-terror law and its interference with liberty

    UAPA Bill to designate individuals as terrorists introduced in house - The Economic Times

    Central idea 

    The Jammu and Kashmir High Court’s November 17, 2023 judgment in journalist Fahad Shah’s case questions the broad interpretation of terrorism under UAPA, rejecting its use for defamation. It emphasizes judicial scrutiny in upholding personal liberty, challenging Section 43-D(5), and calls for legal reforms and accountability, urging a just way forward.

    Key Highlights:

    • Court’s Intervention: The Jammu and Kashmir High Court’s November 17, 2023 judgment intervened in journalist Fahad Shah’s case, granting him bail and partially setting aside charges under UAPA and FCRA.
    • Call for Circumspection: The court emphasized the imperative for circumspection in enforcing anti-terror laws, particularly considering their impact on personal liberty.
    • Defamation vs. Terrorism: Rejecting the government’s argument, the court challenged the notion that publishing an article harming India’s reputation constituted an act of terrorism.

    Key Challenges:

    • Vague Terrorism Offenses: The vague text of terrorism offenses under UAPA allows arrests in situations disconnected from actual incidents of violence, contributing to misuse.
    • Section 43-D(5) Dilemma: The provision preventing bail if accusations are ‘prima facie true’ poses challenges to personal liberty, raising concerns about procedural fairness.

    Key Terms and Phrases:

    • UAPA: Unlawful Activities (Prevention) Act, the primary anti-terror statute in India.
    • FCRA: Foreign Contribution (Regulation) Act, governing foreign funding.
    • Section 43-D(5): UAPA provision restricting bail based on the ‘prima facie true’ criterion.
    • Clear and Present Danger: Legal test invoked to restrict arrests based on a perceived immediate threat.

    Key Quotes:

    • “To treat allegations of defaming the country as terrorism seemed like a bridge just too far to cross.”
    • “Provisions such as Section 43-D(5) were meant to prevent the easy release of persons such as the imaginary bomber.”
    • “Both the law enforcement agency and the court must apply their mind to ensure that only in cases where a ‘clear and present danger’ is evinced are persons taken into custody.”

    Key Statements:

    • Judicial Emphasis: The judgment underscores the need for greater circumspection in enforcing anti-terror laws, especially concerning personal liberty.
    • Defamation Clarification: Defamation of the country was deemed not punishable under UAPA, challenging the expansive interpretation of terrorism.

    Critical Analysis:

    • Judicial Accountability: While not revolutionary, the decision highlights the importance of accountability in state actions, particularly in the context of oppressive laws.
    • Compensation Consideration: The legal regime needs to address compensations for wrongful arrest and detention, ensuring accountability and justice.

    Way Forward:

    • Legal Reforms: The legal system should consider reforms addressing compensations for wrongful arrests and enhancing state accountability.
    • Upholding Constitutional Principles: Courts must continue upholding constitutional principles, ensuring a commitment to accountability in state actions.