Mains Ready By December. Smash Mains & Smash PYQ Admissions Open
Talk to Mentor

Civilsdaily

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

  • On India’s obligations towards the Rohingya

    Why in the News?

    A recent study by The Azadi Project and Refugees International has found that Rohingya refugees detained in India face serious violations of their basic rights. It also criticizes India for not meeting its responsibilities under international human rights agreements.

    What has a recent report said about India’s refugee policy for the Rohingya people?

    • Human Rights Violations: The report indicates that Rohingya refugees are subjected to “gross violations of constitutional and human rights,” including arbitrary detention without charges and inhumane living conditions in detention centres.
    • Call for Legal Revisions: It urges India to clarify the legal status of Rohingya refugees and revise outdated laws like the Foreigners Act of 1946 to align with international refugee standards.
    • Recommendations for Action: The report advocates for the immediate release of vulnerable detainees and calls on international actors, including the U.S. and UNHCR, to engage with India on these issues.

    What does the 1951 Refugee Convention state?

    The 1951 Refugee Convention and its 1967 Protocol establish fundamental principles for the protection of refugees, including:

    • Non-refoulement: This principle prohibits states from returning individuals to countries where they may face persecution or serious harm. It is a cornerstone of international refugee law and is considered customary international law, binding even on states not party to the Convention.
    • Rights of Refugees: The Convention outlines various rights that refugees are entitled to, such as access to legal assistance, work, education, and social services, ensuring their dignity and protection from discrimination.

    Note: India is not a signatory to the 1951 United Nations Refugee Convention.

    What is India’s stand?

    • Non-signatory Status: India is not a signatory to the 1951 Refugee Convention or its Protocol, which it argues absolves it from legal obligations to provide asylum or adhere to non-refoulement principles.
    • Detention Practices: The Indian government continues to detain Rohingya refugees under domestic laws that classify them as illegal migrants. Recent court rulings have reinforced this stance, stating that while they have a right to life under Article 21 of the Constitution, they lack right to reside or settle in India.
    • Judicial Interpretation: Despite India’s non-signatory status, some High Courts have interpreted international norms as applicable under Article 21, suggesting a potential pathway for legal protections for refugees.

    What are India’s international obligations?

    • International Treaties: India is a party to several international human rights treaties that imply obligations related to the treatment of individuals at risk of torture or inhumane treatment. For instance:
      • The International Covenant on Civil and Political Rights (ICCPR) includes provisions against refoulement (forcible return of refugees) under Article 7.
      • Other treaties like the Convention Against Torture also emphasise non-refoulement principles, even if India’s ratification status complicates direct enforcement.
    • Constitutional Mandates: Article 51(c) of the Indian Constitution encourages respect for international law and treaty obligations. Landmark Supreme Court rulings have indicated that international conventions should guide domestic law when local legislation is lacking

    Way forward: 

    • Establish a Comprehensive Refugee Policy: India should enact a uniform refugee law aligning with international principles, ensuring legal clarity and protection for all refugees, including the Rohingya, while upholding the constitutional mandate under Article 21.
    • Strengthen Collaboration with UNHCR and Civil Society: Engage with international agencies and local organizations to improve refugee support systems, focusing on humane detention practices, legal aid, and sustainable resettlement initiatives.

    Mains PYQ:

    Q “Refugees should not be turned back to the country where they would face persecution or human right violation”. Examine the statement with reference to ethical dimension being violated by the nation claiming to be democratic with open society. (UPSC IAS/2021)

  • What is Protected Area Regime (PAR)?

    Why in the News?

    • The Manipur government has announced that the Central government has re-imposed the Protected Area Regime (PAR) in Manipur, Mizoram, and Nagaland, all of which share borders with Myanmar.
      • The reimposition of the PAR comes after 13 years of relaxation and is aimed at addressing security concerns, primarily the alleged illegal immigration from Myanmar.

    What is the Protected Area Regime (PAR)?

    Details
    • Introduced under the Foreigners (Protected Areas) Order, 1958, which is part of the Foreigners Act, 1946.
    • The regime was created to regulate the movement of foreigners in sensitive areas near international borders.
    • It applies to regions between the Inner Line and the International Border, primarily areas close to Myanmar in these states.

    Objectives: To ensure national security by restricting foreign nationals’ access to sensitive regions.

    Implications:  

    • For Foreign Visitors: Special permits and approvals required, potentially discouraging tourism.
    • Impact on Tourism and Development: Could slow international tourism and investments, reversing earlier benefits.
    • Enhanced Security: Allows tighter control over foreign movements, addressing illegal migration.
    • Border Control: Strengthens border management, reducing unauthorized cross-border activities.
    Areas Covered
    • Pre-2010: Applied to all of Arunachal Pradesh, Sikkim, Manipur, Mizoram, Nagaland, and parts of Jammu & Kashmir, Rajasthan, Himachal Pradesh, and Uttarakhand.
    • 2010 Relaxation: The regime was relaxed for Manipur, Mizoram, and Nagaland, allowing foreigners to visit these areas without special permits.
    • 2024 Reimposition: The regime has been reimposed in these states, particularly due to security concerns related to illegal immigration and border management.
    Structural Mandate 
    • Mandate: Foreign nationals must apply for a Protected Area Permit (PAP) through the Ministry of Home Affairs (MHA) or state authorities to enter these areas.
    • Implementation: The PAPs specify the duration of stay and movement routes. Unauthorized extension or deviation from routes is prohibited. The system is managed under the Foreigners (Protected Areas) Order, 1958.
    • Exemptions: Some countries may have exemptions, and Indian citizens generally do not need PAPs to travel in these areas.

  • Criminal Tracking Network and Systems (CCTNS)

    Why in the News?

    All 17,130 police stations in India are now connected through the Crime and Criminal Tracking Network and Systems (CCTNS), a centralized online platform for filing FIRs, chargesheets, and investigation reports, accessible to law enforcement across the country.

    About Criminal Tracking Network and Systems (CCTNS):

    What is CCTNS?
    • A centralized online platform to file FIRs, charge-sheets, and investigation reports across 17,130 police stations.
    • Launched in 2009 with a ₹2,000 crore budget under the Ministry of Home Affairs.
    • Aimed at improving efficiency, transparency, and nationwide access to crime data.
    Key Features
    • Nationwide integration, with 100% connectivity across 28 states and 8 Union Territories.
    • Stores data on criminals, habitual offenders, missing persons, stolen vehicles, etc.
    • Generates analytical crime reports and detailed case statistics.
    • Integrated with the ICJS (Integrated Criminal Justice System) for coordination with courts, forensics, and other criminal justice pillars.
    Recent Modifications for New Criminal Laws
    • Incorporates the 2024 Bharatiya Nyaya Sanhita (erstwhile IPC), Bharatiya Sakshya Adhiniyam (Indian Evidence Act), and Bharatiya Nagarik Suraksha Sanhita (CrPC).
    • Introduces mandatory videography for crime scenes in serious cases, forensic investigations, and arrest transparency (including officer approval and informing relatives).
    • Updates include timely progress reports and digital reporting of daily diaries.
    Impact and Implementation
    • Facilitates efficient investigations by providing access to comprehensive crime data and analytical tools.
    • Improves police coordination across states and law enforcement agencies.
    • Enhanced citizen services with online tracking of complaints and case updates.
    • Supported by the National Crime Records Bureau (NCRB) and integrated with other public safety platforms for better coordination and resource management.

     

    PYQ:

    [2014] We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace.

  • On reforms in merchant shipping

    Why in the News?

    The government is set to introduce the Merchant Shipping Bill, 2024, and the Coastal Shipping Bill, of 2024, aiming to drive critical reforms and deliver transformative changes to strengthen and revitalize the shipping industry.

    Have the Merchant Shipping Act, of 1958, and the Coasting Vessels Act, of 1838 failed? 

    The Merchant Shipping Act, 1958, and the Coasting Vessels Act, 1838, do not meet contemporary maritime needs and regulatory requirements as follows:

    • Regulatory Gaps: Significant gaps exist for offshore vessels, which account for nearly 50% of Indian-flagged vessels. The current framework fails to regulate these vessels adequately.
    • Seafarer Welfare Limitations: Welfare provisions are restricted to Indian-flagged ships, neglecting the majority of Indian seafarers (85%) who work on foreign-flagged vessels.
    • Lack of Legal Framework: There is no effective legal framework to regulate private sector participation in maritime training, leading to unauthorized institutions operating without oversight.
    • Inadequate Implementation of International Conventions: The existing laws lack provisions to implement various international conventions that India has signed or plans to ratify.

     

    What are the key features of the New Merchant Shipping Bill 2024?

    • Ease of Registration: The Bill allows for reduced ownership thresholds (from 100% to 51%) for Indian entities and permits foreign entities to hold shares in Indian vessels while ensuring majority ownership remains with Indians.
    • Expanded Scope of Vessels: It broadens the definition of ‘vessels’ to include a variety of crafts (e.g., submersibles, barges), ensuring comprehensive regulatory oversight.
    • Temporary Registration for Ship Recycling: Introduces provisions for temporary registration of vessels destined for demolition, facilitating operations in ship recycling hubs like Alang.
    • Strengthened Coastal Security: Empowers authorities to issue instructions across all vessel categories to enhance coastal security.
    • Integration with International Standards: Aligns with global best practices from leading maritime jurisdictions like the U.K., Norway, and Singapore.

    What are some of the international maritime conventions that India has ratified? 

    • International Convention for the Safety of Life at Sea (SOLAS): Establishes minimum safety standards in the construction and operation of ships.
    • International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW): Sets standards for training and certification of seafarers.
    • Maritime Labour Convention (MLC): Focuses on the rights and welfare of seafarers, ensuring decent working conditions.
    • International Convention on Civil Liability for Oil Pollution Damage (CLC): Addresses liability for oil pollution damage from ships.
    • International Convention for the Prevention of Pollution from Ships (MARPOL): Aims to minimize pollution from ships, covering various aspects of marine pollution.
    • Convention on Limitation of Liability for Maritime Claims (LLMC): Limits the liability of shipowners in case of maritime claims.
    • Wreck Removal Convention: Provides a legal framework for the removal of wrecks to prevent marine pollution.

    Will the new Bills address maritime training and education as well? 

    Yes, the new Merchant Shipping Bill, of 2024, specifically addresses maritime training and education, aiming to fill regulatory gaps and ensure standardization.

    • Establishment of a Legal Framework: The new Merchant Shipping Bill introduces clear legal provisions to regulate maritime training institutes, addressing the absence of such a framework in the existing law.
    • Elimination of Unauthorised Institutes: It empowers the government to act against unauthorised maritime training institutes, ensuring only approved institutions operate and deliver high-quality, standardised education.
    • Alignment with Global Standards: The Bill ensures maritime training aligns with international best practices, enhancing the employability and skills of Indian seafarers in the global maritime sector.

    Way forward: 

    • Robust Implementation and Monitoring: Ensure effective enforcement of the new Bills by establishing transparent regulatory mechanisms, leveraging technology for compliance, and regular monitoring to address gaps swiftly.
    • Stakeholder Engagement and Capacity Building: Foster collaboration between the government, private sector, and international maritime bodies to enhance infrastructure, promote innovation, and build capacity for sustainable growth in the maritime sector.

    Mains PYQ:

    Q What are the maritime security challenges in India? Discuss the organisational, technical and procedural initiatives taken to improve maritime security. (UPSC IAS/2022)

  • [2nd December 2024] The Hindu Op-ed: Research security should be a national priority

    PYQ Relevance:

    Q) Analyse the multidimensional challenges posed by external state and non-state actors, to the internal security of India. Also discuss measures required to be taken to combat these threats.  (UPSC CSE 2021)

    Mentor’s Comment: UPSC Mains have focused on ‘Cyber Security’ (in 2022), and ‘Maritime Secuirty’ (2021).

    India ranks fourth globally in defense spending, behind only the United States, China, and Russia in terms of military budget allocation. To maintain its ranking and achieve its development objectives by 2047, India must invest more in research frameworks.

    Today’s editorial emphasizes the critical importance of enhancing research security, by taking an example of the United States as a means to protect national interests while fostering innovation and international collaboration. This content can be used as a successful case study to represent in your mains examination.

    _

    Let’s learn!

    Why in the News?

    Recently, the US Government has come up with defense and security developments, particularly in the form of the National Science Foundation’s (NSF) new TRUST framework.

    • Research security has emerged as a pressing concern in the context of India’s national security too, particularly as global collaborations in science and technology increase.

    What measures are being implemented to enhance research security in India?

    The MeitY is developing infrastructure for advanced R&D in cybersecurity to promote indigenous skills and capabilities.

    • Technology Security Initiative with the UK: India has partnered with the United Kingdom to launch the Technology Security Initiative (TSI). This focuses on emerging technologies across sectors like telecommunications, semiconductors, AI, and biotech.
    • National Cyber Security Policy 2013: It serves as a comprehensive framework for enhancing the protection of India’s cyberspace by encouraging R&D in cyber security to develop technologies tailored to national needs. This framework has set up mechanisms like the National Critical Information Infrastructure Protection Centre (NCIIPC) to address cyber threats
    • Digital Personal Data Protection Bill (DPDPB) 2023: It includes the passage of the legislative measures, which aim to establish regulations for data processing entities to safeguard personal data and enhance privacy.
    CASE STUDY:

    The TRUST Framework (U.S.)The NSF has introduced the Trusted Research Using Safeguards and Transparency (TRUST) framework to assess grant proposals for potential national security risks. This initiative is designed to protect taxpayer investments in research while promoting beneficial international collaborations. The framework comprises three branches:
    1. Personnel Assessment: Evaluating active personnel appointments and positions.
    2. Compliance Monitoring: Identifying instances of noncompliance with disclosure requirements.
    3. National Security Considerations: Incorporating foreseeable national security risks into research assessments.

    Rebecca Keiser, head of the NSF’s Office of Research Security Strategy and Policy, emphasized that while it is essential to mitigate risks, the U.S. must continue to lead in science and innovation without succumbing to an overly cautious compliance culture.

    Why is research security essential for national defense?

    • Protection Against Foreign Influence: Foreign governments and entities often seek to exploit academic research for military and strategic advantages.
      • This exploitation can manifest in various forms, including intellectual property theft, sensitive data, and technological innovations. 
      • The Department of Defense (DoD) has highlighted concerns regarding foreign interference that jeopardizes the integrity of National research, necessitating robust security measures to safeguard against these threats.
    • Safeguarding National Interests:  Research contributes significantly to national defense capabilities and technological advancements.
      • The National Science Foundation (NSF) emphasizes that maintaining a secure research environment is crucial for fostering innovation while mitigating risks associated with foreign influence and espionage.
    • Enhancing Readiness and Capability: Defense research provides insights into emerging technologies and potential threats, allowing for informed decision-making regarding national defense strategies.
      • As noted in various reports, a decline in defense-related research funding can adversely affect a nation’s ability to respond to evolving security challenges.
    • Compliance with Legislative Mandates: Recent legislative initiatives, such as the CHIPS and Science Act of 2022 and National Security Presidential Memorandum 33 (NSPM-33), mandate that federal funding agencies implement research security programs to protect federally funded research from foreign interference.
      • These policies require institutions receiving significant federal funding to certify that they have established effective research security measures. 

    What are the challenges faced by Security Research Frameworks in India?

    • Fragmentation of Efforts: Despite numerous initiatives, India’s approach to cybersecurity remains fragmented, due to insufficient collaboration among various stakeholders that hinder effective implementation of security measures.
    • Shortage of Skilled Personnel: There is a significant gap in the availability of trained cybersecurity professionals. Further, the government’s inability to address emerging threats promptly due to a lack of expertise in critical areas like cyber forensics and incident response.
    • Vulnerability of Critical Infrastructure: India’s critical infrastructure, such as power grids and communication networks, is susceptible to cyber-attacks, posing risks to national security. High-profile incidents, like the attempted attack on the Kudankulam Nuclear Power Plant, highlight these vulnerabilities.
    • Evolving Threat Landscape:  The rapid evolution of cyber threats, including advanced persistent threats (APTs) and state-sponsored cyber espionage, complicates the security landscape. APTs have sophisticated attacks that are hard to identify and counteract effectively.

    How can collaboration between researchers and government agencies improve research integrity?

    • Establishing Clear Guidelines and Standards: Collaborative efforts allow researchers and government agencies to develop clear guidelines for ethical research practices. Different governments can provide frameworks that outline expectations for research conduct, helping to prevent misconduct.
    • Enhancing Risk Management: Working together enables a systematic approach to identifying and managing risks associated with research activities.Government agencies can help incorporate security measures into research protocols to mitigate risks related to foreign interference and data breaches.
    • Facilitating Training and Capacity Building: Government partnerships can enhance the training of researchers in best practices for maintaining integrity. Different agencies/stakeholders can offer educational materials and training programs focused on ethical research conduct and compliance with regulations.
    • Encouraging Transparency and Accountability: Collaborative frameworks can include mechanisms for reporting misconduct or conflicts of interest, ensuring issues are addressed promptly.

    https://www.thehindu.com/opinion/lead/research-security-should-be-a-national-priority/article68935590.ece

  • [29th November 2024] The Hindu Op-ed: Armed insurrection to parliamentary politics

    PYQ Relevance:
    Q) Analyse the multidimensional challenges posed by external state and non-state actors, to the internal security of India. Also discuss measures required to be taken to combat these threats. (UPSC CSE 2021)

    Mentor’s Comment: UPSC Mains have previously focused on ‘internal security’ as well as ‘external impacts on the political security’ of India (in 2021).

    India ranked 4th out of 159 countries on the Global Terrorism Index, indicating a high level of internal conflict and the presence of various extremist groups.

    Today’s editorial explores the complex transition of armed groups into formal political entities within democratic frameworks. This content can be used to put the ‘challenges and implications of transformations for broader political security and democratic landscape’.

    _

    Let’s learn!

    Why in the News?

    Elections in Sri Lanka highlight a less noticeable trend, where left-wing revolutionary groups, once dedicated to armed struggle, are shifting toward democratic engagement.

    • Some of the most prominent insurgencies, including Nepal’s Maoists, El Salvador’s Farabundo Martí National Liberation Front (FMLN), and certain Marxist-Leninist groups within India, have pursued a new path by entering parliamentary politics.
    • This shift reflects a pragmatic blend of ideological adaptation and responsiveness to changing political realities.
    What are the challenges faced in India due to such groups?

    • Security Threats: The Naxalite groups, which include the CPI-Maoist, have engaged in guerrilla warfare against state forces, leading to thousands of deaths among civilians and security personnel (esp in the “red corridor” across central and eastern India). These groups often establish control over remote areas, providing governance and social services while undermining state authority.
    • Social and Economic Factors: The insurgency is fueled by deep-rooted issues such as poverty, land disputes, and social marginalization of tribal communities and Dalits. The government’s inability to address, this eventually allows the Naxalites to gain support from disenfranchised populations.
    • Political Dynamics: The rise of right-wing politics in India has complicated the landscape for leftist movements. The ruling party’s policies may exacerbate existing tensions and hinder dialogue with Marxist-Leninist groups, making it difficult for the government to pursue peaceful resolutions. The government has launched several military operations, such as Operation Green Hunt, but these operations have often led to retaliatory violence and further entrenching the conflict rather than resolving it.

    What factors contribute to the successful transition of armed groups into parliamentary politics?

    • Internal Cohesion and Leadership: A unified leadership and strong internal cohesion within the armed group are essential for navigating the transition. Leaders who are committed to the political process and can manage internal dissent play a critical role in guiding their groups through the transformation.
    • Disarmament, Demobilization, and Reintegration (DDR): The act of disarming can have significant psychological benefits, symbolizing a commitment to peace and civilian life, which is crucial for gaining public trust and acceptance.
      • Successful transitions often involve effective DDR initiatives that facilitate the disarmament of combatants, their demobilization from armed groups, and their reintegration into civilian life.
    • Favorable Peace Agreements: Agreements that include provisions for political participation, power-sharing arrangements, and recognition of the armed group’s role can create pathways for their transformation into political parties.
      • For example, Nepal’s peace process allowed the Maoists to enter mainstream politics after disarming and participating in elections.
    • Timing and Transitional Justice: Implementing transitional justice measures at right time helps address grievances and fosters reconciliation, which is vital for sustaining peace and encouraging political participation.

    How do societal and political perceptions affect the integration of former insurgents into politics?

    • Public Trust and Legitimacy: If society views them as legitimate political actors, it can facilitate their integration. Conversely, if they are seen as threats or remnants of violence, public resistance can hinder their political participation.
      • For Example, in El Salvador, the FMLN’s transition from a guerrilla group to a political party was initially successful due to a peace agreement that garnered public support.
    • Historical Grievances: Societal attitudes towards past injustices can also affect integration. If former insurgents are perceived as having fought against oppression, they may gain sympathy and support. However, unresolved grievances can lead to resentment and opposition.
      • In Iraq, the Sunni population’s disenfranchisement after the fall of Saddam Hussein contributed to ongoing insurgency, as many felt excluded from the new political order.
    • Narratives of Victimhood: Insurgent groups often cultivate narratives of victimhood to justify their actions and garner support. If these narratives resonate with societal sentiments, they can facilitate acceptance into political processes.
      • However, if society perceives these narratives as manipulative or self-serving, it may lead to a backlash against former insurgents.
    • State Response and Governance: If the government adopts an inclusive approach that encourages participation rather than exclusion or repression, it enhances the chances of successful integration. In contrast, heavy-handed state responses can alienate former combatants and push them back towards militancy.
    CASE STUDIES:

    • Nepal: The Maoist party transitioned into a legitimate political entity after a decade-long civil war, aided by a comprehensive peace agreement that included provisions for their participation in governance.
    • Colombia: The Revolutionary Armed Forces of Colombia (FARC) signed a peace deal in 2016 that allowed them to transition into a political party. While initially successful, their integration has faced challenges due to ongoing violence and societal skepticism towards their motives.
    • South Sudan: Former SPLA members have struggled with integration into formal politics due to ongoing conflict and societal divisions exacerbated by ethnic tensions.

    Conclusion: The willingness of the government to engage with former insurgents, and the role of external actors—play a crucial role in shaping the environment for successful political participation. For example, Colombia’s FARC’s transition into a political party post-peace agreement illustrates how supportive frameworks can aid integration, while ongoing societal skepticism presents challenges.

    https://www.thehindu.com/opinion/lead/armed-insurrection-to-parliamentary-politics/article68923100.ece

  • China’s ‘Anaconda Strategy’

    Why in the News?

    Taiwanese authorities recently stated that the People’s Liberation Army (PLA) is using an ‘anaconda strategy’ to put pressure on Taiwan.

    China’s Military Maneuvers around Taiwan

    • China has been steadily increasing its military activities around Taiwan, both by air and sea:
    1. Air incursions into the Taiwan Strait have increased significantly, from 36 incursions in January to 193 in September.
    2. Chinese ships operating around Taiwan has also risen, from 142 in early 2024 to 282 by August.
    • These maneuvers seem designed to wear down Taiwan’s navy and air force, creating constant pressure.

    What is the Anaconda Strategy?

    • The ‘anaconda strategy’ involves a combination of military tactics, psychological pressure, and cyber warfare.
    • The goal is to weaken Taiwan’s defenses and force the island into submission without the need for a full-scale invasion.
    • China’s approach is one of relentless pressure.
    • It is trying to tire out Taiwan and force it into making mistakes, which could then be used as a pretext to launch a blockade.
    • Its ultimate goal appears to be to make Taiwan vulnerable without resorting to direct military conflict, keeping Taiwan’s forces on the defensive.

    Other Unconventional Strategies used by China:

    • Wolf Warrior Diplomacy: A confrontational and assertive style of diplomacy used by Chinese officials, characterized by aggressive rhetoric and nationalistic stances, often aimed at defending China’s interests and countering foreign criticism.
    • Gray-Zone Tactics: A set of covert strategies that fall between war and peace, including actions like cyberattacks, propaganda, and incremental territorial gains, aimed at advancing a nation’s goals without triggering a full-scale military conflict.
    • Salami Slicing: A strategy where small, incremental actions are taken over time to achieve a larger goal without triggering a strong reaction. It is often used to gain control or advantage bit by bit, avoiding immediate confrontation.

     

    PYQ:

    [2021] The US is facing an existential threat in the form of a China that is much more challenging than the erstwhile Soviet Union. Explain.

    [2017] “China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia”. In the light of this statement, discuss its impact on India as her neighbour.

  • Anti-Naxal Operation in Dantewada, Chhattisgarh

    Why in the News?

    • In a significant anti-Naxal operation, nine Maoists were killed by security forces in the forests along the border of Chhattisgarh’s Dantewada.
      • This operation was part of ongoing efforts to eliminate Naxalite influence in the region.

    Anti-Naxal Operation in Dantewada

    • Dantewada, a district in the Bastar region of Chhattisgarh, India, is known as a hotbed of Naxal (Maoist) insurgency. 
    • The region has seen numerous anti-Naxal operations over the years due to its dense forests, rugged terrain, and the presence of significant Naxalite (Maoist) cadres.

    Important security operations against Naxalism:

    Details
    Operation Greyhounds 1989 – Ongoing: A specialized anti-Naxal force created to combat Naxal insurgency in Andhra Pradesh and Telangana.
    Operation Green Hunt 2009 – Ongoing: To flush out Naxalite insurgents in the “Red Corridor ” from their strongholds.
    Operation Thunderstorm 2010: To target Naxal cadres in the dense forest regions of Lalgarh, West Bengal.
    Operation Octopus 2014: To clear Maoist influence from the Sukma district of Chhattisgarh.
    Operation All Out 2015 – Ongoing: To launch coordinated offensive operations against Naxalites in Jharkhand and Bihar.
    Operation Samadhan 2017 – Ongoing: A comprehensive strategy to combat LWE by addressing both security and developmental issues.
    Operation Prahar 2017 – Ongoing: To eliminate top Maoist leaders and dismantle support networks in the Bastar region of Chhattisgarh.
    Operation Monsoon 2018: To target Maoist groups during the monsoon season when their activities are restricted.

     

    PYQ:

    [2022] 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 multi-layered strategy to tackle the menace of Naxalism.

  • 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)