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

  • The legality of using white phosphorus

    white phosphorus

    Central idea

    The article explores the legality of using white phosphorus in armed conflicts, focusing on instances like Israel’s alleged use in Gaza. It delves into the ethical concerns, relevant legal frameworks, and the need for strengthening regulations to prevent harm to civilians and the environment.

    Key highlights in the Article:

    • Human Rights Watch accused Israel of using white phosphorus munitions in Gaza.
    • The 2008-2009 Gaza War witnessed allegations of Israel using white phosphorus in the Gaza Strip.
    • The UN Fact Finding Mission on the Gaza Conflict condemned IDF’s use of white phosphorus in civilian areas.
    • The Israel military, in the case of Yoav Hass and others v. Chief of Staff (2013), agreed to abandon white phosphorus use except in specified situations communicated to the court.

    Know about the White Phosphorus (WP):

    • Chemical Properties: WP is a chemical substance with phosphorus as its primary component. It has unique properties, including self-ignition in the presence of oxygen.
    • Military Applications: Used in incendiary devices like grenades and artillery shells. Creates dense smoke screens for military operations.
    • Incendiary Effects: Can cause intense and persistent fires effective against people, equipment, and structures. Poses significant ethical concerns due to its potential for causing severe burns and suffering.
    • International Humanitarian Law (IHL): Governed by IHL principles, including distinction, proportionality, and the prohibition of indiscriminate attacks. Use in civilian areas raises concerns about adherence to these principles.

    Learn the difference UPSC might trick you in prelims

    Criteria Chemical Weapons Convention (CWC) Convention on Certain Conventional Weapons (CCW)
    Objective Comprehensive elimination of chemical weapons, toxic chemicals, and precursors. Restriction of specific conventional weapons causing excessive harm.
    Coverage Covers a broad range of chemical agents used in warfare. Addresses particular categories such as incendiary weapons, blinding lasers.
    Focus Prohibits the development, production, and use of chemical weapons. Addresses concerns related to specific conventional weapons without complete prohibition.
    Verification Robust verification regime, including inspections and declarations. Less extensive verification mechanisms, more targeted to specific weapon categories.
    Examples Prohibition of nerve agents like Sarin and VX. Regulations on incendiary weapons like white phosphorus, blinding lasers.

     

    Legality in its use:

    • Not covered by the Chemical Weapons Convention (CWC) when used as an incendiary weapon, not for chemical warfare. White phosphorus, although a chemical agent and toxic, is not covered by the CWC
    • Regulated by Protocol III under the Convention on Certain Conventional Weapons (CCW). Protocol III under the CCW specifically deals with incendiary weapons. Article 1 of this protocol defines an “incendiary weapon” as a weapon or munition primarily designed to set fire to objects or to cause burn injury to persons through the action of flame, heat, or combination thereof, produced by a chemical reaction of a substance delivered on the target.
    • Article 1(b)(i) includes an exemption in this classification for munitions that may cause unintended incendiary effects, such as illuminants, tracers, smoke, or signalling systems.
    • White phosphorus munitions are primarily intended to produce illuminating and smokescreen effects, with the incendiary aspects being secondary or unintentional. Consequently, incendiary munitions clearly fall within the exceptions outlined in Protocol III’s definition of an “incendiary weapon.”
    • When employed as an incendiary weapon and not for chemical warfare, white phosphorus falls under the regulations of Protocol III of the CCW.
    • However, Protocol III does not effectively regulate multi-purpose munitions such as those containing white phosphorus, which can cause harm in the same way as the incendiary weapons it defines.

    Ongoing Concerns:

    • Recent accusations against Israel highlight continued concerns about the use of WP in conflict zones.
    • Its effects on civilians and the environment underscore the importance of legal regulations.
    • White phosphorus has diverse applications, including creating smoke screens and as an ingredient in incendiary devices.
    • Environmental dangers and ethical concerns arise due to its potential to cause severe burns and suffering.

    Way Forward:

    • Strengthening Protocol III to effectively regulate multi-purpose munitions, including those containing white phosphorus.
    • Consideration of legal precedents, such as the Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons and Additional Protocol I of the Geneva Conventions.
    • Emphasis on upholding international law, treaties, and protocols to reduce harm to civilians and the environment.
    • Strengthening legal frameworks and removing ambiguities would enhance global efforts to curb the misuse of substances like white phosphorus in armed conflicts.

  • India’s Current Account Deficit (CAD) Widens: Implications and Outlook

    Central Idea

    • Data released by the Reserve Bank of India (RBI) reveals that India’s Current Account Deficit (CAD) expanded significantly to $9.2 billion, equivalent to 1.1% of GDP, during the April-June quarter.
    • This represents a substantial increase from the preceding three months when it stood at $1.3 billion, or 0.2% of GDP.
    • Contrasting with the year-earlier quarter of fiscal 2022-23, where the CAD was $17.9 billion (2.1% of GDP), the current scenario reflects evolving economic dynamics.

    What is Current Account Deficit (CAD)?

    • A current account is a key component of balance of payments, which is the account of transactions or exchanges made between entities in a country and the rest of the world.
    • This includes a nation’s net trade in products and services, its net earnings on cross border investments including interest and dividends, and its net transfer payments such as remittances and foreign aid.
    • A CAD arises when the value of goods and services imported exceeds the value of exports, while the trade balance refers to the net balance of export and import of goods or merchandise trade.

    Components of Current Account

    Current Account Deficit (CAD) =  Trade Deficit + Net Income + Net Transfers

    (1) Trade Deficit

    • Trade Deficit = Imports – Exports
    • A Country is said to have a trade deficit when it imports more goods and services than it exports.
    • Trade deficit is an economic measure of a negative balance of trade in which a country’s imports exceeds its exports.
    • A trade deficit represents an outflow of domestic currency to foreign markets.

    (2) Net Income

    • Net Income = Income Earned by MNCs from their investments in India.
    • When foreign investment income exceeds the savings of the country’s residents, then the country has net income deficit.
    • This foreign investment can help a country’s economy grow. But if foreign investors worry they won’t get a return in a reasonable amount of time, they will cut off funding.
    • Net income is measured by the following things:
    1. Payments made to foreigners in the form of dividends of domestic stocks.
    2. Interest payments on bonds.
    3. Wages paid to foreigners working in the country.

    (3) Net Transfers

    • In Net Transfers, foreign residents send back money to their home countries. It also includes government grants to foreigners.
    • It Includes Remittances, Gifts, Donation etc

    How does Current Account Transaction takes place?

    • While understanding the Current Account Deficit in detail, it is important to understand what the current account transactions are.
    • Current account transactions are transactions that require foreign currency.
    • Following transactions with from which component these transactions belong to :
    1. Component 1 : Payments connection with Foreign trade – Import & Export
    2. Component 2 : Interest on loans to other countries and Net income from investments in other countries
    3. Component 3 : Remittances for living expenses of parents, spouse and children residing abroad, and Expenses in connection with Foreign travel, Education and Medical care of parents, spouse and children

    What are the reasons for the current account deficit?

    deficit

    • Intensifying geopolitical tensions and supply chain disruptions leading to crude oil and commodity prices soaring globally have been exerting upward pressure on the import bill.
    • A rise in prices of coal, natural gas, fertilizers, and edible oils have added to the pressure on trade deficit.
    • However, with global demand picking up, merchandise exports have also been rising.

    How will a large CAD affect the economy?

    • A large CAD will result in the demand for foreign currency rising, thus leading to depreciation of the home currency.
    • Nations balance CAD by attracting capital inflows and running a surplus in capital accounts through increased foreign direct investments (FDI).
    • However, worsening CAD will put pressure on the inflow under the capital account.
    • Nevertheless, if an increase in the import bill is because of imports for technological upgradation it would help in long-term development.

  • India and the Northern Sea Route

    Northern Sea Route

    Central Idea

    • Murmansk, the gateway to the Arctic and the starting point of the Northern Sea Route (NSR), is witnessing a growing Indian presence in cargo traffic.

    Why discuss this?

    • India accounts for 35% of the cargo handled by the Murmansk port in the first seven months of 2023.
    • This surge in Indian engagement in the Arctic holds significant implications for India’s economic and water security.

    About Northern Sea Route

    • The Northern Sea Route (NSR) is a maritime shipping route that runs along the northern coast of Russia, connecting the Atlantic Ocean to the Pacific Ocean.
      • The North Sea lies between Great Britain, Denmark, Norway, Germany, the Netherlands, Belgium and France.
    • It traverses the Arctic Ocean and Siberian coastline, providing a shorter route between Europe and Asia compared to the traditional routes through the Suez Canal or the Panama Canal.
    • NSR stretches from the Barents Sea, near the Arctic archipelago of Novaya Zemlya, to the Bering Strait, separating Russia from Alaska

    Significance of the Arctic for India

    • Climate Impact: The Arctic’s susceptibility to climate change holds potential consequences for India, impacting economic and water security.
    • Resource Prospects: The Arctic region harbors substantial untapped hydrocarbon reserves, including oil, gas, coal, zinc, and silver, making it an enticing prospect for India’s energy needs.
    • Sustainable Approach: India’s Arctic Policy of 2022 underscores adherence to UN Sustainable Development Goals in the region’s economic development.

    India’s Arctic Journey

    • Historical Engagement: India’s connection with the Arctic dates back to the signing of the Svalbard Treaty in 1920.
    • Scientific Endeavors: India has undertaken various scientific studies and research initiatives in the Arctic, including atmospheric, marine, and glaciological studies.
    • Observations and Research: Notably, India’s research station “Himadri” in Ny-Alesund and its multi-sensor moored observatory and atmospheric laboratory demonstrate its commitment to Arctic research.

    Reviving the NSR

    • NSR Overview: The NSR is the shortest shipping route connecting Europe and Asia-Pacific countries, traversing the Arctic Ocean.
    • Distance Advantage: The NSR boasts potential distance savings of up to 50% compared to traditional routes via Suez or Panama, gaining prominence after the 2021 Suez Canal blockage.
    • Russia’s Role: Russia, equipped with a nuclear-powered icebreaker fleet, ensures safe navigation by breaking ice along the NSR.

    Drivers for India’s NSR Engagement

    • Cargo Traffic Growth: India’s involvement is fueled by the consistent rise in cargo traffic along the NSR, coupled with a 73% growth rate between 2018-2022.
    • Energy Imports: As India increasingly imports energy resources from Russia, the NSR offers a reliable and secure transportation avenue.
    • Strategic Transit: The Chennai-Vladivostok Maritime Corridor (CVMC) project aligns with India’s geographical position, enabling efficient transit routes and shorter transport times.

    Conclusion

    • India’s burgeoning involvement in the Arctic, underscored by its significant role in the Northern Sea Route’s cargo traffic, exemplifies its strategic pursuit of diversified energy resources and enhanced trade corridors.
    • As India forges partnerships with Russia and navigates the challenges of a changing Arctic landscape, it’s poised to play a pivotal role in shaping the future of Arctic trade and sustainable development.

  • Pakistan’s State-Sponsored Terrorism Threatens SCO’s Regional Security Efforts

    Terrorism

    Central Idea

    • The Council of Foreign Ministers (CFM) of the Shanghai Cooperation Organisation (SCO) recently convened in Goa to address pressing regional issues. Unfortunately, on the same day, the People’s Anti-Fascists Front (PAF), an offshoot of Pakistan-sponsored Jaish-e-Muhammad (JeM), claimed the lives of five Indian army personnel in Jammu and Kashmir’s Rajouri district.

    Background: SCO’s Anti-Terrorism Agenda

    • The SCO’s origins trace back to the establishment of the Shanghai Five in 1996, consisting of Russia, China, Kazakhstan, Kyrgyzstan, and Tajikistan.
    • In 1998, the group recognized the joint fight against separatism, extremism, and terrorism originating from the Af-Pak region as a top priority. The inclusion of Uzbekistan in 2001 led to the organization’s renaming as the SCO.
    • Subsequently, the Regional Anti-Terrorists Structure (RATS) was formed in Tashkent, Uzbekistan, to institutionalize and consolidate anti-terrorism efforts within the SCO.
    • RATS facilitated joint counterterrorism exercises, training, and the preparation of countermeasures.

    Pakistan’s Role in State-Sponsored Terrorism

    • Safe Haven for Terrorist Groups: Pakistan has served as a safe haven and provided sanctuary for various terrorist groups. These groups, such as the Taliban, Haqqani Network, Lashkar-e-Taiba (LeT), and Jaish-e-Mohammed (JeM), operate from Pakistani soil, carry out attacks in neighboring countries, and then seek refuge in Pakistan.
    • Training and Recruitment: Pakistan has been involved in training and recruiting terrorists. Extremist organizations have established training camps within Pakistan where individuals are indoctrinated, radicalized, and trained in various aspects of terrorism, including bomb-making, guerrilla warfare, and ideological indoctrination.
    • Financial and Logistical Support: Pakistan has been accused of providing financial and logistical support to terrorist groups. This support includes funding, weapons, ammunition, and intelligence assistance, enabling these groups to carry out their activities with impunity.
    • Proxy Warfare: Pakistan has used terrorism as a proxy warfare strategy to achieve its geopolitical objectives. By sponsoring terrorist groups, Pakistan seeks to influence and destabilize neighboring countries, particularly India and Afghanistan, with the aim of furthering its own interests in the region.
    • Infiltration of Terrorists: Pakistan has facilitated the infiltration of terrorists across its borders into neighboring countries. This includes providing safe passage, forged documents, and logistical support to terrorists to carry out attacks or join insurgencies in other regions.
    • State-Sponsored Radicalization: Pakistan has promoted and facilitated the radicalization of individuals, both within its own territory and abroad. Madrasas (religious schools) in Pakistan have been accused of spreading extremist ideologies, fueling hatred, and recruiting individuals for terrorist activities.
    • Instrument of Influence: Pakistan has used terrorism as a tool to exert influence and control over regions and communities. By supporting and sponsoring terrorist groups, Pakistan seeks to manipulate political dynamics, create instability, and maintain a degree of control over areas of strategic importance.

    Impact of Pakistan-Sponsored Terrorism in Jammu and Kashmir

    • Loss of Lives: Pakistan-sponsored terrorism in Jammu and Kashmir has resulted in the loss of countless innocent lives, including civilians, security forces, and terrorists themselves. The region has witnessed numerous terror attacks, suicide bombings, and armed encounters, leading to a tragic loss of human lives.
    • Destabilization and Conflict: The continuous infiltration of terrorists from Pakistan into Jammu and Kashmir has fueled instability and prolonged the conflict in the region. The presence of terrorist groups has created an atmosphere of fear and insecurity, hindering the social and economic development of the region.
    • Human Rights Violations: The activities of Pakistan-sponsored terrorist groups have been accompanied by human rights violations in Jammu and Kashmir. These violations include targeted killings, forced disappearances, torture, and intimidation of civilians, leading to a climate of fear and repression.
    • Disruption of Normalcy: The persistent threat of terrorism has disrupted normal life in Jammu and Kashmir. Educational institutions, businesses, and daily activities have been severely affected as people live under constant fear and uncertainty.
    • Obstruction of Peace Processes: Pakistan-sponsored terrorism acts as a major obstacle to the peace process between India and Pakistan. The violence and unrest created by these terrorist groups hinder any meaningful dialogue and diplomatic efforts aimed at resolving the Kashmir issue.
    • Economic Impact: The sustained presence of terrorist activities has had a detrimental impact on the economy of Jammu and Kashmir. Tourism, a significant source of revenue for the region, has suffered due to the prevailing security concerns, leading to job losses and economic downturn.
    • Psychological Impact: The ongoing terrorism has taken a toll on the mental health and well-being of the people of Jammu and Kashmir. The constant threat of violence, loss of loved ones, and living under a state of fear have resulted in psychological trauma for individuals and communities.

    Consequences of Pakistan-sponsored terrorism on internal peace in Pakistan

    • Increased Violence and Insecurity: Pakistan-sponsored terrorism has led to a rise in violence and insecurity within the country. Terrorist attacks carried out by extremist groups have resulted in the loss of numerous lives and widespread fear among the population.
    • Loss of Civilian Lives: Innocent civilians have been the primary victims of terrorist attacks sponsored by Pakistan. These attacks have targeted public places, religious institutions, markets, and educational institutions, causing significant casualties among the civilian population.
    • Sectarian and Ethnic Tensions: Pakistan has witnessed an escalation in sectarian and ethnic tensions as a result of state-sponsored terrorism. Extremist groups have targeted specific religious and ethnic communities, exacerbating divisions and leading to a breakdown of social harmony.
    • Internal Displacement: The violence and insecurity caused by Pakistan-sponsored terrorism have resulted in internal displacement of populations within Pakistan. People are forced to leave their homes and seek refuge in safer areas, leading to the displacement crisis and additional socio-economic burdens.

    SCO’s Limited Authority and Implications

    • Lack of Enforcement Power: The SCO does not possess strong enforcement power or mechanisms to compel member states to adhere to its mandates or take action against state-sponsored terrorism. It heavily relies on voluntary cooperation among member states, making it challenging to address non-compliance effectively.
    • Ineffectiveness in Holding States Accountable: The absence of robust mechanisms for accountability limits the SCO’s ability to hold member states accountable for their actions, including Pakistan’s involvement in state-sponsored terrorism. This undermines the credibility and effectiveness of the organization in addressing terrorism-related issues.
    • Risk of Becoming a Platform for Political Maneuvering: The limited authority of the SCO creates a risk that member states, including Pakistan, may use the organization as a platform for political maneuvering rather than genuinely addressing the issue of terrorism. Geopolitical rivalries and divergent interests among member states can impede the organization’s ability to effectively combat terrorism.
    • Compromised Regional Security: The limited authority of the SCO in dealing with state-sponsored terrorism hampers its ability to effectively address security threats in the region. This compromises the overall regional security and stability, as terrorist groups continue to exploit the gaps and operate with impunity.
    • Diminished Credibility: The inability of the SCO to take decisive action against state-sponsored terrorism can lead to a diminished credibility of the organization in the international community. The lack of concrete measures to address terrorism undermines its role as a regional security organization and casts doubts on its effectiveness
    • Weakening of Counterterrorism Efforts: The limited authority of the SCO hampers its ability to coordinate and implement comprehensive counterterrorism efforts among member states. This undermines the potential of collective action in addressing the shared threat of terrorism and limits the effectiveness of joint initiatives and cooperation.

    Conclusion

    • The limited authority of the Shanghai Cooperation Organisation (SCO) to address state-sponsored terrorism, coupled with growing divergence among member states and the inclusion of rogue nations like Pakistan, threatens its effectiveness in countering terror threats. Without stronger mechanisms and unified action, the SCO risks becoming ineffective in tackling the rising challenges of terrorism, thereby compromising regional security and stability.

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    Also read:

    Drugs in the valley: Pakistan’s new weapon to finance terrorism

     

  • Analysis of the Maoist Attack and The Way Forward

    Maoist

    Central Idea

    • The April 26 attack on District Reserve Guard (DRG) personnel and a civilian driver by Maoists in Dantewada, Chhattisgarh highlights the need for a comprehensive approach to tackling the insurgency. Despite claims of a weakened Maoist movement, the attack shows that they still have the ability to strike at will.

    About District Reserve Guards (DRG)

    • District Reserve Guards (DRG) is a special unit of the police force in some Indian states, primarily in Chhattisgarh, that is trained and equipped to combat Naxalite and Maoist insurgency.
    • DRG personnel are typically drawn from local tribal communities and are familiar with the local terrain, which makes them effective in fighting the insurgency.
    • They are provided with specialized training in guerrilla warfare, jungle warfare, and use of modern weaponry.
    • The DRG is often at the forefront of anti-Naxalite operations and is considered a vital component of the Indian government’s efforts to counter the Maoist insurgency in the country.

    Maoist ability to strike at will

    • Strategic planning by Maoist Central Committee: A strike such as the one carried out on April 26 cannot be the brainchild of a local Maoist unit; it is highly likely that this was a trap laid out under the directions of the Maoist Central Committee, indicating the sustained hierarchy of the Maoists.
    • Timing of attacks: The Maoists carry out maximum attacks against security forces during the tactical counter-offensive campaign which is the period between February and June every year. Out of a total of 17 major strikes in Chhattisgarh (2010-2023), six were carried out in April alone, indicating a pattern that should give the government enough leads to plan its strategy.
    • Flouting of standard operating procedures: Standard operating procedures and protocols were blatantly flouted during the unfortunate strike on April 26. It is imperative that the security forces remain extra cautious during the months of the tactical counter-offensive campaign by strictly adhering to standard operating procedures and protocols.

    Challenges associated with employing local tribal youth for the DRG

    • False sense of empowerment: When armed, local tribal youth often get a false sense of empowerment, which can lead to feuds with the Maoists. This is because they are familiar with the ecosystem of the Maoists and may harbor resentment towards them.
    • Intelligence network: During the April 26 incident, the intelligence network of the DRG was outclassed by that of the Maoists. This highlights the need for better training and support for local tribal youth who are employed by the DRG.
    • Ad-hoc planning: The DRG personnel, in this case, seem to have acted independently, exposing their ad-hoc planning. This demonstrates the need for better coordination and control over the DRG by the state police.
    • Lack of discipline: Although the combat-worthiness of the DRG is beyond doubt, it is not complemented by the rigor of discipline, which is an imperative quality for troops in any protracted counter-insurgency campaign. The track record of the DRG regarding discipline is not too encouraging, with many of the cadres having been cashiered on disciplinary grounds and some having been found to be involved in crime. This highlights the need for better training and support to ensure that the DRG personnel are adequately disciplined and accountable for their actions.

    Way ahead: Lasting solutions

    • Effective Policing: Effective policing in insurgency-affected regions is the function of a strong State police force. It is widely acknowledged that Central police forces should supplement and not supplant the State police.
    • Vacancies in State Police Force: According to data of the Bureau of Police Research and Development, there are many vacancies in the State police forces. Without comprehensive transformation of the State police, Central forces would achieve little beyond random and misplaced killings.
    • Control on Local Tribal Youth: Local tribal youth should be employed for the DRG in a controlled manner by the State police. Security should not be simply outsourced to them.
    • DRG Personnel Discipline: The combat-worthiness of the DRG is beyond doubt, but it is not complemented by the rigour of discipline. This is an imperative quality for troops in any protracted counter-insurgency campaign. The track record of the DRG regarding discipline is not too encouraging.
    • Deeper reflection on the discontent and dispossession of tribal people: The incident calls for a deeper reflection on the discontent and dispossession of the tribal people of central India, who are in all respects the most disadvantaged of citizens.
    • Perception management: The government needs to pay adequate attention to perception management. The government should communicate that extensive road construction projects in Bastar will ease the lives of the local population and not just enhance the reach of the security forces.
    • Weaken the Maoist ideology: The futility of the Maoist ideology in current times is not adequately exposed to weaken the insurgency. Security is no doubt necessary, but the focus needs to be beyond security and development.

    Conclusion

    • The Dantewada attack highlights the need for a comprehensive approach to tackling the insurgency, taking into account the tactical counter-offensive campaign, the need for strong state police forces, and the controlled employment of DRG personnel. The government should focus on addressing the root causes of the insurgency, paying attention to perception management and exposing the futility of Maoist ideology

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    Also Read:

    The Maoist Insurgency: Challenges and The Way Forward

  • The Maoist Insurgency: Challenges and The Way Forward

    Insurgency

    Central Idea

    • The recent ambush of the convoy in Chhattisgarh’s Dantewada district resulting in the deaths of 10 personnel of the District Reserve Guards (DRG) highlights that the Maoist insurgency remains a significant threat in India. The Home Minister has repeatedly given the impression that the end of the Maoist problem is near, but history has shown otherwise.

    What is mean by Insurgency?

    • Insurgency refers to a violent uprising against the established government or authority of a country, typically carried out by a group of individuals or an organization that seeks to challenge the existing political, economic, or social order.
    • It often involves armed conflict, sabotage, and other forms of violence aimed at destabilizing the government or seizing power.
    • The ultimate goal of an insurgency is to overthrow the existing government and establish a new political system that is more in line with the insurgents’ ideology or goals

    Rise of Insurgency India

    • The Communist Party of India (Marxist) split in 1967, with a section of the party rejecting the electoral path and advocating for armed struggle to overthrow the Indian state.
    • The Naxalbari uprising in West Bengal in 1967, where a group of peasants led by Charu Majumdar and Kanu Sanyal revolted against the local landlords and police. The uprising was brutally crushed by the state, but it gave birth to the Naxalite movement.
    • The formation of the Communist Party of India (Marxist-Leninist) in 1969, which became the political front of the Naxalite movement.
    • The formation of the People’s War Group in Andhra Pradesh in 1980, which became one of the most active Naxalite groups in the country.
    • The merger of the People’s War Group with the Maoist Communist Centre in 2004, to form the Communist Party of India (Maoist), which is the largest Naxalite group in India today.
    • The expansion of the Naxalite movement from West Bengal and Andhra Pradesh to other states, including Chhattisgarh, Jharkhand, Bihar, Odisha, and Maharashtra, among others.
    • The violent attacks by Naxalites on the state and central police forces, government officials, politicians, and civilians, resulting in the loss of thousands of lives over the years.

    Facts for prelims

    District Reserve Guards (DRG)

    • District Reserve Guards (DRG) is a special unit of the police force in some Indian states, primarily in Chhattisgarh, that is trained and equipped to combat Naxalite and Maoist insurgency.
    • DRG personnel are typically drawn from local tribal communities and are familiar with the local terrain, which makes them effective in fighting the insurgency.
    • They are provided with specialized training in guerrilla warfare, jungle warfare, and use of modern weaponry.
    • The DRG is often at the forefront of anti-Naxalite operations and is considered a vital component of the Indian government’s efforts to counter the Maoist insurgency in the country.

    What are the flaws in the anti-Naxal strategy?

    1. Outsourcing operations to central armed police forces:
    • In most states, there is a tendency to outsource the operations against Naxals to the central armed police forces.
    • This strategy is flawed because unless the local police, who know the language and terrain, take the lead in anti-Naxal operations, the problem would linger.
    1. Imposed development paradigm:
    • The development paradigm pursued since independence has always been imposed on the tribal communities and has been insensitive to their needs and concerns. As a result, government plans have ended up in destroying their social organization, cultural identity, and resource base and generated multiple conflicts.
    • The tribals want schools and hospitals, but they neither need nor want capital-intensive plants or factories, which are inevitably accompanied by deforestation and displacement.
    1. Insensitivity towards tribal communities:
    • The development paradigm pursued since independence has always been imposed on the tribal communities and has been insensitive to their needs and concerns. As a result, government plans have ended up destroying their social organization, cultural identity, and resource base and generated multiple conflicts.
    1. Lack of an overall strategic plan:
    • There is no overall strategic plan against the Naxals. States have been carrying out anti-Naxal drives according to their individual understanding.
    • Territorial domination is essential, and security forces are able to achieve that, but that should be followed by the administrative apparatus establishing its network in the affected areas.
    1. Absence of peace talks:
    • The government should seriously think of applying the healing touch. If it can have peace talks with the Nagas and several other insurgent outfits in the Northeast, there is no reason why it should not take the initiative to have a dialogue with the Maoist leadership. This would not be seen as a sign of weakness on the contrary, it would be taken as a magnanimous gesture.

    The way ahead to address the Naxal insurgency in India

    • Multi-pronged approach: The government should adopt a multi-pronged approach to address the Naxal problem that includes development initiatives, security measures, and dialogue with the Naxal leadership.
    • Focus on development: The government should focus on development initiatives in Naxal-affected areas that are tailored to meet the needs of the local population. This includes building infrastructure like schools, hospitals, and roads, creating employment opportunities, and addressing land rights issues.
    • Empowering local police: The state police should be empowered to take the lead in anti-Naxal operations as they have a better understanding of the local language and terrain.
    • Humanitarian approach: The government should adopt a humanitarian approach in dealing with the problem. The use of excessive force should be avoided, and care should be taken to ensure that the local population is not adversely affected.
    • Dialogue with Naxal leadership: The government should initiate a dialogue with the Naxal leadership to address their grievances and concerns. This would help in building trust and confidence between the two sides and pave the way for a peaceful resolution of the problem.
    • Coordination among states: The states should coordinate their efforts to address the Naxal problem. The sharing of intelligence, resources, and best practices would go a long way in addressing the issue.
    • Strengthening of institutions: The government should strengthen institutions like the police, judiciary, and administrative machinery to ensure that they are better equipped to deal with the problem.
    • Long-term vision: A long-term vision should be adopted to address the Naxal problem. This requires sustained efforts over a period of time to ensure that the problem is effectively tackled.

    Conclusion

    • India’s Maoist insurgency problem is not one that can be solved by just law and order enforcement. It is crucial to address the underlying social and economic aspects of the problem. The government should acknowledge the flaws in its anti-Naxal strategy and undertake a comprehensive approach to solve the problem. It must ensure that the local police take the lead in anti-Naxal operations, and the development policies must be sensitive to the needs and concerns of the tribal communities. Initiating peace talks with the Maoist leadership could also go a long way in resolving the issue.

    Mains Question

    Q. The recent events of violent attacks on security forces highlights that the Maoist insurgency remains a significant threat in India. In light of this discuss what are the flaws in anti-Naxal strategy and what is needed to address the Naxal insurgency in India?

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    Village Defence Guards (VDG): A sense of security and confidence

     

  • Keen on lifting AFSPA from NE: PM

    The PM informed that AFSPA could be withdrawn partially from Assam, Manipur and Nagaland (from April 1) due to peaceful conditions since 2014.

    What is the news?

    • The AFSPA will now be applicable fully only in 31 districts and partially in 12 districts of four states in the Northeast Assam, Nagaland, Manipur and Arunachal Pradesh.
    • These four states together comprise 90 districts.
    • The AFSPA was completely withdrawn in Meghalaya in 2018, Tripura in 2015 and Mizoram in the 1980s.

    Immediate reasons for withdrawal

    • The Northeast has lived under the shadow of AFSPA for nearly 60 years, creating a feeling of alienation from the rest of the country.
    • The move is expected to help demilitarise the region; it will lift restrictions of movements through check points and frisking of residents.
    • Years of AFSPA regime has had psychological consequences, trauma and alienation of the people.

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    Armed Forces (Special Powers) Act, 1958

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

    What are the Special Powers?

    The ‘special powers’ which are spelt out under Section 4 provide that:

    (a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;

    (b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;

    (c) Power to arrest without warrant and to use force for the purpose;

    (d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    What are the Disturbed Areas?

    • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
    • As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
    • A suitable notification would have to be made in the Official Gazette.

    Presently active ‘Disturbed Areas’

    • AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
    • In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.

    AFSPA: Is it a License to Kill?

    While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.

    Supreme Court’s Observations over AFSPA

    • These extra-judicial killings became the attention of the Supreme Court in 2016.
    • It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
    • The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
    • The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.

    Constitutionality of AFSPA

    • Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
    1. Right to Life and Personal Liberty (Article 21) and
    2. Federal structure of the Constitution since law and order is a State subject

    Recommendations to repeal AFSPA

    (1) Justice B.P. Jeevan Reddy Commission

    • The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
    • It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.

    (2) ARC II

    • The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
    • It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
    • However, the recommendation was considered first and then rejected.

    Other issues with AFSPA

    (1) Sexual Misconduct by Armed Forces

    • The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
    • It observed that- in conflict zones, legal protection for women was neglected.

    (2) Autocracy

    • The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Caution given by the Supreme Court

    A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:

    1. Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
    2. Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
    3. Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
    4. No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
    5. Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
    6. Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
    7. People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
    8. Good intelligence: It added that “good intelligence is the key to success”.
    9. Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
    10. Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.

    Conclusion

    • Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.

     

     

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  • International law as a means to advance national security interests

    Context

    Military experts, international relations academics, and practitioners like retired diplomats dominate the debates on global security in India. International lawyers are largely absent in these debates despite security issues being placed within the framework of international law.

    Using international law to further security interests

    In recent times, several examples demonstrate India’s failure to use an international law-friendly vocabulary to articulate its security interests.

    • First, India struck the terror camps in Pakistan in February 2019, after the Pulwama attack India did not invoke the right to self-defence; rather, it relied on a contested doctrine of ‘non-military pre-emptive action’.
    • Second, after the Pulwama attack, India decided to suspend the most favoured nation (MFN) status of Pakistan.
    • Under international law contained in the General Agreements on Tariffs and Trade, countries can deviate from their MFN obligations on grounds of national security.
    • Instead of suspending the MFN obligation towards Pakistan along these lines, India used Section 8A(1) of the Customs Tariff Act, 1975, to increase customs duties on all Pakistani products to 200%.
    • The notification on this decision did not even mention ‘national security’.
    • Third, India wishes to deport the Rohingya refugees who, it argues, pose a security threat.
    • India’s argument to justify this deportation is that it is not a signatory to the Refugee Convention.
    • This is a weak argument since India is bound by the principle of non-refoulment.
    • National security is one of the exceptions to the non-refoulment principle in international refugee law.
    • If India wishes to deport the Rohingya, it should develop a case on these lines showing how they constitute a national security threat.
    • Fourth, to put pressure on the Taliban regime to serve India’s interest, India has rarely used international law.
    •  India could have made a case for the South Asian Association for Regional Cooperation (SAARC) using its implied powers under international law to temporarily suspend Afghanistan from SAARC’s membership.

    Reasons for international law remaining at the margins

    • First, there is marginal involvement of international lawyers in foreign policymaking.
    • The Legal and Treaties Division of the Ministry of External Affairs, which advises the government on international law matters, is both understaffed and largely ignored on policy matters.
    • Second, apart from the External Affairs Ministry, there are several other Ministries like Commerce and Finance that also deal with different facets of international law.
    • They have negligible expertise in international law.
    • Third, there has been systemic neglect of the study of international law.
    • Fourth, many of the outstanding international law scholars that India has produced prefer to converse with domain experts only.

    Way forward

    • If India wishes to emerge as a global power, it has to make use of ‘lawfare’ i.e., use law as a weapon of national security.
    • To mainstream international law in foreign policymaking, India should invest massively in building its capacity on international law.

    Conclusion

    Notwithstanding the central role that international law plays in security matters, India has failed to fully appreciate the usage of international law to advance its national security interests.

     

    Back2Basics: Non-refoulement principle

    • The principle of non-refoulement constitutes the cornerstone of international refugee protection.
    • It is enshrined in Article 33 of the 1951 Convention, which is also binding on States Party to the 1967 Protocol.
    • Article 33(1) of the 1951 Convention provides:

    “No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his [or her] life or freedom would be threatened on account of his [or her] race, religion, nationality, membership of a particular social group or political opinion.”

  • The national security discourse is changing

    Context

    From a rising China to the pressures of climate change; from the challenges of counter-terrorism to the COVID-19 pandemic (the four Cs), the old order is collapsing much faster than the ability of nations to create the foundations of a new one.

    The reduced difference between the domestic and foreign policy of the  U.S.

    • The idea that foreign and domestic policies are tightly intertwined is not a novel one.
    • All serious grand strategic thinking in democracies looks for sustenance in popular public support.
    • A process that was started by former U.S. President Donald Trump has been taken forward by the Biden Administration.
    • Asserting that “foreign policy is domestic policy and domestic policy is foreign policy,” the new administration has suggested that their task is to re-imagine American national security for the unprecedented combination of crises they face at home and abroad.
    • These crises include the pandemic, the economic crisis, the climate crisis, technological disruption, threats to democracy, racial injustice, and inequality in all forms”.
    • There is a growing bipartisan acknowledgment in the U.S. today that the requirements of American national security today are different from what they were during the Cold War.
    • Today’s strategic environment requires a different response for national security: one that shores up domestic industrial base helps in maintaining pre-eminence in critical technologies, makes supply chains for critical goods more resilient, protects critical infrastructure from cyberattacks and responds with a sense of urgency to climate change.

    Indian situation: Dependence on the external supply chain is the national security challenge

    • In India too, there is greater recognition of the challenges emanating on national security from domestic vulnerabilities.
    • Dependence on Chinese manufacturing: One of the most significant consequences of the COVID-19 pandemic has been to reveal how deeply India has been dependent on Chinese manufacturing for critical supplies.
    • At a time when Indian armed forces were facing the People’s Liberation Army, this exposed India to a new realization that dependence on overseas supply chains is a national security challenge of the highest order.
    • Dimensions of national security: The Indian Army chief has argued that “national security comprises not only warfare and defence but also financial security, health security, food security, energy security, and environmental security apart from information security”.

    Way forward for India

    • Shore up domestic capacities: India has since moved towards increasing domestic capacities in critical areas and also started looking at free trade agreements through a new lens.
    • Whole-of-government approach: Army Chief had suggested that instead of viewing national security “primarily from the perspective of an armed conflict, there is a need to take a whole-of-government approach towards security”.
    • Investment in armed forces: The Army chief has pointed out that investment in the armed forces contributes to the national economy.
    • Therefore, indigenization of defence procurement provides an impetus to indigenous industries, aid to civil authorities, or Humanitarian Assistance and Disaster Relief (HADR).
    • Demand for hi-tech military products by the armed forces helps entire industries.
    • Transportation and logistics capacities of the armed forces are acting as force enablers for the Government in times of emergencies.

    Consider the question “The idea that foreign and domestic policies are tightly intertwined is not a novel one. In light of this, examine the challenges facing India’s national security that are linked with its domestic vulnerability. Suggest the ways forward.”

    Conclusion

    As nations across the world reconceptualise their strategic priorities, policymakers will need to think more creatively about the roles of various instruments of statecraft. National security thinking is undergoing a shift. India cannot be left behind.

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  • Need for coordinated database for tracking fugitives

    Context

    India lacks a domestic tracking system for fugitives. That makes it easier for them to evade the criminal justice system.

    Challenges at investigation and prosecution level

    • Central agencies have developed reasonable expertise in investigation and prosecution because they are focussed only on investigation and prosecution work.
    • On the other hand, State police forces (except specialised wings) are engaged in law-and-order work as well as investigations.
    • The bulk of the investigation and prosecution work happens at police stations in the States.
    • There is a tendency to close investigations once the accused have absconded.
    • Some police stations do initiate proceedings for attachment of property and declaration of the accused as proclaimed offenders, but the number of cases where coordinated efforts are made to pursue fugitives – domestically or internationally – are hardly documented.

    No system for tracking criminals domestically

    • Through Interpol Notices and the sharing of immigration databases of different countries, there exists a system of tracking criminals worldwide.
    • However, there is no coordinated system or database for tracking criminals or wanted persons domestically in India.
    • In the absence of such a system, it is relatively easy for criminals from one police station/jurisdiction to melt into the population in any other area, almost undetected.

    Way forward

    • The creation of a nationwide database of wanted persons, which could be accessible for police agencies, the public and others is needed.
    • A nation-wide system of ‘Wanted Persons Notices’, similar to Interpol Notices, is required, to help track fugitives domestically.
    • The Crime and Criminal Tracking Network and Systems and the National Intelligence Grid are efforts in the right direction/
    • Countries like the U.S. have functional inter-State extradition and fugitive tracking systems.
    • India needs to set up such dedicated ‘fugitive tracking units’.
    • There needs to be enhanced integration between immigration agencies, State police agencies, Interpol-New Delhi, the External Affairs Ministry and Home Ministry and central investigation agencies.
    • Sharing India’s ‘wanted’ database or providing access to it to foreign embassies on a reciprocal basis or through treaties or arrangements would also be helpful.
    • Signing of more bilateral and multilateral conventions on criminal matters would help plug legal infirmities.
    • Signing bilateral agreements on cooperation in policing matters would also help.
    • All relevant legal processes and requirements should be incorporated into one consolidated law on international cooperation.
    • The entire gamut of activities pertaining to fugitives, from investigation to extradition, needs to be incorporated into a specialised set-up.

    Conclusion

    In the absence of a coordinated database, criminals can go undetected. What we need is a watertight system that would deter criminals from hoodwinking the law.

    Back2Basics: Crime and Criminal Tracking Network and Systems (CCTNS)

    • CCTNS aims at creating a comprehensive and integrated system for enhancing the efficiency and effective policing at all levels and especially at the Police Station level.
    • It aism at adoption of principles of e-Governance, and creation of a nationwide networked infrastructure for evolution of IT-enabled state of- the-art tracking system around “investigation of crime and detection of criminals” in real time.
    • It is is a critical requirement in the context of the present day internal security scenario.
    • The scope of CCTNS spans all 35 States and Union Territories and covers all Police Stations (15,000+ in number) and all Higher Police Offices (6,000+ in number) in the country.
    • The CCTNS project includes vertical connectivity of police units (linking police units at various levels within the States – police stations, district police offices, state headquarters, SCRB and other police formations – and States, through state headquarters and SCRB, to NCRB at GOI level) as well as horizontal connectivity, linking police functions at State and Central level to external entities.

    National Intelligence Grid (NATGRID)

    • First conceptualised in 2009, NATGRID seeks to become the one-stop destination for security and intelligence agencies to access database related to immigration entry and exit, banking and telephone details of a suspect on a “secured platform”.
    • All State police are mandated to file First Information Reports (FIR) in the CCTNS.
    • It is only a repository and the data pertaining to FIRs of a particular police station are a State subject.