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GS Paper: GS2

  • Building faith in India’s investigative agencies

    Context

    The image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.

    Police and investigation agencies need social legitimacy

    • The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy.
    • Police should work impartially and focus on crime prevention. They should also work in cooperation with the public to ensure law and order.
    • The CBI possessed immense trust of the public in its initial phase.
    • But with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny.
    • The need of the hour is to reclaim social legitimacy and public trust.

    Issues affecting the system and causing delay in trial

    • Lack of infrastructure, lack of sufficient manpower, inhuman conditions, especially at the lowest rung, lack of modern equipment, questionable methods of procuring evidence, officers failing to abide by the rule book and the lack of accountability of erring officers.
    • Then there are certain issues that lead to delays in trials.
    • They are: Lack of public prosecutors and standing counsels, seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in pending trials, undue imprisonment of undertrials, change in priorities with the change in the political executive, cherry-picking of the evidence, and repeated transfers of officers leading to a change in the direction of the investigation.

    Way forward

    • Break the nexus with political executive: The first step to reclaim social legitimacy and public trust.is to break the nexus with the political executive.
    • Reform of the police system is long overdue in our country.
    • The Ministry of Home Affairs has itself recognised the glaring need for the same in the “Status Note on Police Reforms in India”. 
    • Comprehensive law: Our investigative agencies still do not have the benefit of being guided by a comprehensive law.
    • Independent and autonomous investigative agency: The need of the hour is the creation of an independent and autonomous investigative agency.
    • Umbrella organisation: There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, and ED under one roof.
    • This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions.
    • Such a law will also lead to much-needed legislative oversight.
    • Separation of prosecution and investigation: One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
    • Annual audit of performance: A provision in the proposed law for an annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance.
    • Strengthening state investigative agencies: There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency.
    • The proposed Central law for the umbrella investigative body can be suitably replicated by the states.
    • Ensure women’s representation: An issue that needs addressing at this stage is the representation of women in the criminal justice system.
    • Often, women feel deterred in reporting certain offences due to a lack of representation.
    • Relations with community: Relations between the community and police also need to be fixed.
    • This is only possible if police training includes sensitisation workshops and interactions to inspire public confidence.

    Consider the question “The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy. In the context of this, examine the challenges faced by the police and the investigative agencies in India and suggest ways to help them gain social legitimacy.”

    Conclusion

    It is imperative for the police and the public to work together to create a safe society. Ultimately the police must remember that their allegiance must be to the Constitution and the rule of law and not to any person.

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  • Tripura’s Darlong community in included in ST List

    The Lok Sabha recently passed a bill to amend a constitutional order to include Darlong, a tribal clan in Tripura which was among the generic Halam community till now, in the list of Scheduled Tribes (ST).

    Who are Darlongs?

    • Darlong is a tribal community of 11,000 people.
    • Despite its small population, the community has a high prevalence of education, cultural activities and members of the community are serving in different high positions in the local administration.
    • Darlongs, despite being Scheduled Tribes, were never given ST certificates.
    • Since they were considered a generic tribe under the Kuki community, they were handed their tribal certificates as members of ‘Kuki’ community.
    • The subsequent identity crisis among them, especially Darlong youths, who were equipped with modern education, culminated in the demand for a separate statutory identity of their own in 1995.
    • The group is a small tribal clan but has produced a high number of educated people proportionate to its population in the state.
    • People from the Darlong community, like many other tribal communities, are now serving in high positions in the state administration, academia, and public services.
    • Tribal musicologist and Rosem (tribal instrument) maestro Thanga Darlong was conferred the prestigious Padma Shri award a few years back for his contribution to culture.

    Why is tribal identity a big issue in Tripura?

    • Out of 37 lakh people of Tripura, nearly 30 per cent are tribals, who mostly live in areas under jurisdiction of the Tripura Tribal Areas Autonomous District Council (TTAADC).
    • They are spread in patches across all eight districts and covering 70 per cent of the state’s geographical area.
    • The state saw tribals become minority in their own state due to arrival of East Pakistani refugees who fled their country.
    • Tribal identity is a major issue in Tripura, which is also one of the major subjects dominating the state politics now.
    • There is rising demand of Greater Tipraland – a proposed separate state for Tiprasa or Tripuris (tribal and non-tribal) living in the state.

    Back2Basics: Tribes of Tripura

    • Tripura, the tiny Northeast state of 37 lakh people houses 19 tribal communities.
    • These include Tripuri or Debbarma, Reangs or Brus, Jamatia, Noatia, Uchoi, Chakma, Mog, Lushai, Kuki, Munda, Kour, Oram, Santhal, Bhil, Bhutia, Chaimar or Sermai, Garo, Khasi, Lepcha and Halam.
    • Many of these communities are further divided into sub-tribes.
    • For example, Kukis have nearly 17-18 sub-tribes within the community.
    • It is an umbrella tribal community including many smaller clans like Khasi, Lushai, Hmars and other generic clans.
    • In course of time, Lushai, Hmar, Garo etc. came out of Kuki as separate communities.
    • Halam community also has several sub-tribes such as Rangkhawl, Ranglong, Dab, Chaimar or Sermai, Bong, Korbong, Harbong, Bongcher etc.

     

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  • What is a Look Out Notice?

    Delhi High Court has sought the Enforcement Directorate’s (ED’s) response on a journalist’s challenge to its action of restraining her from leaving the country. She was stopped in Mumbai on Tuesday evening based on a look out circular (LOC) issued by the ED.

    Look out notice: What is it, when is it issued?

    • An LOC is issued to make sure that an individual who is absconding or wanted by law enforcement agencies is not able to leave the country.
    • It is mostly used at immigration checkpoints at international airports and seaports by the immigration branch.
    • In certain cases, the police can approach a court asking for the restriction of a person’s movement outside the country, when that person is a suspect and there is an apprehension that they may not join the investigation at a later stage.
    • The subject of an LOC can challenge the circular and get relief from a court.

    Who can issue an LOC?

    • An LOC can be initiated by a large number of authorised officers, including an officer not below the rank of deputy secretary, an officer not below the rank of joint secretary in the state government, a district magistrate or superintendent of police.
    • Also, designated officers of various law enforcing and security agencies, a designated officer of Interpol, an officer not below the rank of additional director in the Serious Fraud Investigation Office, and the Ministry of Corporate Affairs can also issue LOC.
    • In 2018, the government also empowered the heads of public sector banks to directly request the authorities to issue an LOC against wilful defaulters to prevent them from leaving the country.
    • So now, an officer not below the rank of chairman/managing director/chief executive of any public sector bank can make a request.
    • An LOC can be modified/deleted/withdrawn by the Bureau of Immigration only on the specific request of the authorised originator on whose request the LOC was issued.

    Does an LOC lead to arrest?

    • Not necessarily. LOCs can be of several types.
    • They can seek to merely stop a person against whom the circular has been issued from travelling outside the country, to prevent a person from entering the country, or inform the concerned investigation agencies.
    • The proforma of the LOC also contains a request to detain the individual at the local police/investigation agency, which generally leads to arrest.

    Back2Basics: Directorate of Enforcement (ED)

    • ED is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime (esp Money Laundering) in India.
    • It is part of the Department of Revenue of the Ministry of Finance.
    • It is composed of officers from the Indian Revenue Service, Indian Police Service and the Indian Administrative Service as well as promoted officers from its own cadre.
    • The total strength of the department is less than 2000 officers out of which around 70% of officials came from deputation from other organizations while ED has its own cadre, too.
    • The prime objective of the Enforcement Directorate is the enforcement of two key Acts namely, the Foreign Exchange Management Act 1999 (FEMA) and the Prevention of Money Laundering Act 2002 (PMLA)

     

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  • Privacy concerns in the Criminal Procedure (Identification) Bill 2022

    Context

    The Union Minister of State for Home Affairs introduced the Criminal Procedure (Identification) Bill 2022.

    Purpose of the introduction of the Bill

    • The Bill aims to replace the Identification of Prisoners Act 1920 that has been in need of amendment for several decades.
    • The criticism and the need for amendment was predominantly in respect of the limited definition of ‘measurements’ as under that Act.
    • Back in the 1980s, the Law Commission of India (in its 87th Report) and the Supreme Court of India in a judgment titled State of U.P. vs Ram Babu Misra had nearly simultaneously suggested the need to amend the statute.

    What are the issues with the provisions in the Bill?

    1] Definition of ‘measurement’ includes analysis of the data

    • The definition of measurements is not restricted to taking measurements, but also their “analysis”.
    • The definition now states “iris and retina scan, physical, biological samples and their analysis, behavio[u]ral attributes including signatures….”
    • It goes beyond the scope of a law that is only designed for taking measurements and could result in indirectly conferring legislative backing for techniques that may involve the collection of data from other sources(For instance, using facial recognition).
    • At present there are extensive facial recognition technology programmes for “smart policing” that are deployed all across the country.
    • Such experimental technologies cause mass surveillance and are prone to bias, impacting the fundamental rights of the most vulnerable in India.

    2] Power of the police and prison officials widened

    • The existing law permits data capture by police and prison officers either from persons convicted or persons arrested for commission of offences punishable with a minimum of one year’s imprisonment.
    • Parallel powers are granted to judges, who can order any person to give measurements where it is in aid of investigation.
    • While the judicial power is left undisturbed, it is the powers of the police and prison officials that are being widened.
    • The law removes the existing — albeit minimal — limitation on persons whose measurements could be taken.
    • It is poised to be expanded to all persons who are placed under arrest in a case.
    • Here, the proposed Bill also contains muddied language stating that a person, “may not be obliged to allow taking of his biological samples”.

    3] Storage and retention of data for a long period

    • The National Crime Records Bureau (NCRB) shall for a period of 75 years from the date of collection maintain a digital record, “in the interest of prevention, detection, investigation and prosecution of any offense”.
    • The provision permits the NCRB to, “share and disseminate such records with any law enforcement agency, in such manner as may be prescribed”.
    • The NCRB already operates a centralised database, namely the Crime and Criminal Tracking Network & Systems (CCTNS), without any clear legislative framework.
    • The existence of such legislative power with a technical framework may permit multiple mirror copies and parallel databases of the “measurements” being stored with law enforcement, beyond a State Police department which will be prosecuting the crime and the NCRB which will store all records centrally.
    • For instance, in response to a Standing Committee of Parliament on police modernisation, Rajasthan has stated that it maintains a ‘RajCop Application’ that integrates with “analytics capabilities in real-time with multiple data sources (inter-department and intra-department)”.
    • Similarly, Punjab has said that the “PAIS (Punjab Artificial Intelligence System) App uses machine learning, deep learning, visual search, and face recognition for the identification of criminals to assist police personnel.
    • Hence, multiple copies of “measurements” will be used by State government policing departments for various purposes and with experimental technologies.
    • This also takes away the benefit of deletion which occurs on acquittal and will suffer from weak enforcement due to the absence of a data protection law.
    •  The end result is a sprawling database in which innocent persons are treated as persons of interest for most of their natural lives.

    Conclusion

    To protect individual autonomy and fulfil our constitutional promises, the Supreme Court of India pronounced the Justice K.S. Puttaswamy judgment, reaffirming its status as a fundamental right. The responsibility to protect it falls to each organ of the government, including the legislature and the union executive.

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  • Dam Safety Act can end disputes, says Supreme Court

    The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.

    What is the Dam Safety Act, 2021?

    • The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
    • Its key features are as follows:
    1. National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
    2. National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
    3. State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
    4. Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
    5. Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
    6. Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.

    Why in news?

    • Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
    • While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
    • Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.

    What did the SC say?

    • A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
    • It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
    • The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
    • However, Kerala said the Centre was yet to appoint specialists to the NDSA.

     

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  • India to set up Maritime Rescue Co-ordination Centre (MRCC) in Colombo

    India and Sri Lanka have signed an MoU for the Indian public sector Bharat Electronics Ltd (BEL) to set up a state of the art Maritime Rescue Co-ordination Centre (MRCC) in Colombo.

    What is MRCC?

    • MRCCs are part of an international network under the UN’s International Maritime Organisation.
    • They aim to monitor the sea lanes with the objective of swift response to emergencies, such as vessels in distress, rescue and evacuation of people, and prevention of and containing environmental disasters such as oil spills.
    • Each country is responsible for its own Search and Rescue Region (SRR).
    • The work of MRCCs is co-ordinated by the Navy or Coast Guard in each country.
    • In India, the Coast Guard is the co-ordinating agency. In Sri Lanka, it is the Navy.
    • The MRCC will be established with a grant of $6 million from India.

    Benefits offered

    • MRCC enhances co-operation on maritime security between the two countries in a part of the Indian Ocean region where the India-China rivalry has taken centre stage over the last decade.
    • This engagement will augment interoperability and seamless maritime actions like carrying out anti-smuggling operations in the Indian Ocean Region.

    Why such a move by India?

    • Sri Lanka’s SRR is a wide swathe of 1,778,062. 24 sq kms of the Indian Ocean, and nearly 200 ships pass through these waters every day.
    • The MRCC agreement appears to be part of India’s SAGAR (Security and Growth for all in the Region) initiative in the Indian Ocean.

    Issues with MRCC

    • The MRCC has been controversial in Sri Lanka who see every development by India suspicious.
    • Sri Lanka’s Defence Ministry issued a clarification on the MRCC, as well as on recent agreements with India for a naval floating dock and Dornier aircraft.
    • The clarification has provided more details about the agreements than have been in the public domain so far.

     

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  • Old Pension Scheme vs New Pension Scheme

    Many states are trying to restore Old Pension Scheme and discontinue the National Pension System (NPS).

    What is the Defined Pension Benefit Scheme (old)?

    • The scheme assures life-long income, post-retirement.
    • Usually the assured amount is equivalent to 50% of the last drawn salary.
    • The Government bears the expenditure incurred on the pension.
    • The scheme was discontinued in 2004.

    What is the National Pension System (NPS)?

    • The Union government under PM Vajpayee took a decision in 2003 to discontinue the old pension scheme and introduced the NPS.
    • The scheme is applicable to all new recruits joining the Central Government service (except armed forces) from April 1, 2004.
    • On the introduction of NPS, the Central Civil Services (Pension) Rules, 1972 was amended.

    Features of NPS

    • It is a scheme, where employees contribute to their pension corpus from their salaries, with matching contributions from the government.
    • The funds are invested in earmarked investment schemes through Pension Fund Managers.
    • At retirement, they can withdraw 60% of the corpus, which is tax-free and the remaining 40% is invested in annuities, which is taxed.
    • It can have two components — Tier I and II.
    • Tier-II is a voluntary savings account that offers flexibility in terms of withdrawal, and one can withdraw at any point of time, unlike Tier I account.
    • Private individuals can opt for the scheme.

    What were the changes introduced in 2019?

    • In 2019, the Finance Ministry said that Central government employees have the option of selecting the Pension Funds (PFs) and Investment Pattern in their Tier-I account.
    • The default pension fund managers are the LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited and UTI Retirement Solutions Limited in a predefined proportion.

    Who is the regulatory authority?

    • The Pension Fund Regulatory and Development Authority (PFRDA) is the regulator for NPS.
    • PFRDA was set up through the PFRDA Act in 2013 to promote old age income security by developing pension funds to protect the interest of subscribers to schemes of pension funds.

    What is the subscriber base?

    • As on February 28, there were 22.74 lakh Central government employees and 55.44 lakh State government employees enrolled under the NPS.

    Why in news now?

    • In Feb, Rajasthan CM announced restoration of the old pension scheme for the government employees, who joined the service on or after January 1, 2004.
    • The announcement meant that the National Pension System (NPS) would be discontinued in the State.
    • The center had maintained that restoration of the old system would cause an unnecessary financial burden on the government.

    Cons of NPS

    • Forfeiture of pension: The NPS scheme was created by the Government of India, in order to stop all the defined pension related benefits that it gave to its employees.
    • Withdrawal restrictions: NPS restricts all kinds of withdrawals, before the subscriber reaches the age of 60 years.
    • No tax benefits: The NPS corpus, which the subscriber can use for buying annuity or for drawing pensions, is taxable, when the schemes matures.
    • Limit on investment: The subscriber cannot invest more than 50% of his or her total investment in the NPS account, towards the equities.
    • No guarantee: While NPS is a government scheme, the corpus is created according to the returns, which are generated under the corporate bonds, government securities, and equity.

    Try this PYQ:

    Q.Who among the following can join the National Pension System (NPS)?

    (a) Resident Indian citizens only

    (b) Persons of age from 21 to 55 only

    (c) All-State Government employees joining the services after the date of notification by the respective State Governments

    (d) All Central Governments Employees including those of Armed Forces joining the services on or after 1st April 2004

     

    [wpdiscuz-feedback id=”2nr2jt9g7y” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • FASTER digital platform for Judiciary

    ‘FASTER’, an abbreviation of ‘Fast and Secured Transmission of Electronic Records’, a digital platform was formally launched by Chief Justice of India (CJI) N.V. Ramana.

    What is FASTER?

    • The FASTER system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel.
    • These orders may vary from stay of execution of a person to freeze on the demolition of a slum to bail orders for undertrial prisoners.
    • The idea stemmed from a case reported about several prisoners in the Agra Jail forced to remain behind bars for three days after the hard copies of the order had not reached the prison officials.

    Benefits offered

    • FASTER would aid the cause of quick and effortless justice.
    • The timely delivery of the court’s orders to the authorities would also prevent unnecessary arrests and custody of people who have already been granted anticipatory bail.
    • For smooth transmission of court’s orders and effective implementation of Article 21, Right to Life, such a system was the need of the hour.

     

    Also read:

    [RSTV Archive] Judiciary & Artificial Intelligence

     

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  • Significance of India-Australia Economic Cooperation and Trade Agreement

    Context

    Prime Ministers of India and Australis will preside virtually over the signing of a bilateral Free Trade Agreement(ECTA) negotiated in torturous detail over the last decade.

    Background

    • Negotiations for a bilateral Comprehensive Economic Cooperation Agreement began in May 2011.
    • But the negotiations continued in fits and starts, without significant progress or indeed real political direction.
    • In June 2020, as part of the Joint Statement after establishing a Comprehensive Strategic Partnership, it was decided to re-engage on a CECA.
    • Consequently, at the 17th India-Australia Joint Ministerial Commission meeting in September 2021, CECA negotiations were re-launched.
    • During virtual summit in 2022, India-Australia fleshed out areas of cooperation ranging from science and technology to climate change and defence to people-to-people ties, and included possibilities of joint surveillance and real-time intelligence sharing.
    • On the eve of the summit, the Morrison government invested over USD 280 million to give a fillip to cooperation with India; to further grow its economic relationship and support jobs and businesses in both countries; as well as to empower the Indian diaspora.

    About INDAUS-ECTA

    • The INDAUS ECTA (India-Australia Economic Cooperation and Trade Agreement), reflects vision of the essential unity of the two countries.
    • The ECTA deal is apparently fully in compliance with WTO rules and Article 24 of GATT.
    • Article 24 of GATT allows countries to grant special treatment to one another by establishing a free-trade association, provided that “(1) duties and other trade restrictions would be eliminated on substantially all the trade among the participants, (2) the elimination of internal barriers occurred within a reasonable length of time….”
    • The ECTA should give a boost to India’s labour-intensive manufacturing sector, with a considerable leg-up to the pharma, textile, gemstone and jewellery sectors.
    •  Indian students in Australia will find an easier pathway to employment, and there will be greater ease of visa for a range of skilled human capital from India in demand in Australia, including chefs and yoga instructors.
    • Most of the farming and dairy sector seems to have been kept away from the present agreement.
    • Australian coal will probably get relatively unfettered access to India.

    Significance of the ECTA for India-Australia relations

    • The ECTA represents a watershed moment in bilateral relations.
    • ECTA is also a significant turning point for India’s foreign policy — both in terms of geo-strategy as well as geo-economics.
    • Partnership with the convergence of interests: India and Australia today represent a partnership with a near complete convergence of interests and values.
    • Shared concerns over China: Two multicultural, federal democracies that share concerns about stability in the Indo Pacific, are apprehensive about Chinese hegemonic designs, and are increasingly coordinating their policies, are natural partners of the future.

    Conclusion

    The ECTA signals that India’s relations with Australia — two central pivots of the Quad — are as strong and resilient as ever.

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  • Assam-Meghalaya Boundary Dispute Resolution

    Assam and Meghalaya partially resolved a 50-year-old dispute along their 884.9 km boundary.

    What is the news?

    • An agreement was signed between Assam CM and his Meghalaya counterpart in the presence of Home Minister Amit Shah in New Delhi.
    • According to the partial boundary deal, Assam will get 18.51 sq. km of the 36.79 sq. km disputed area while Meghalaya will get the remaining 18.28 sq. km.
    • The agreement is expected to pave the way for resolving disputes in the boundary and similar areas of difference between Assam and three other NE States.

    What is the Assam-Meghalaya Boundary Dispute?

    • Meghalaya, carved out of Assam as an autonomous State in 1970, became a full-fledged State in 1972.
    • The creation of the new State was based on the Assam Reorganisation (Meghalaya) Act of 1969, which the Meghalaya government refused to accept.
    • This was because the Act followed the recommendations of a 1951 committee to define the boundary of Meghalaya.
    • On that panel’s recommendations, areas of the present-day East Jaintia Hills, Ri-Bhoi and West Khasi Hills districts of Meghalaya were transferred to the Karbi Anglong, Kamrup (metro) and Kamrup districts of Assam.
    • Meghalaya contested these transfers after statehood, claiming that they belonged to its tribal chieftains.
    • Assam said the Meghalaya government could neither provide documents nor archival materials to prove its claim over these areas.
    • After claims and counter-claims, the dispute was narrowed down to 12 sectors on the basis of an official claim by Meghalaya in 2011.

    Other boundary disputes in North-East

    The states of the Northeast were largely carved out of Assam, which has border disputes with several states.

    During British rule, Assam included present-day Nagaland, Arunachal Pradesh and Meghalaya besides Mizoram, which became separate state one by one. Today, Assam has boundary problems with each of them.

    • Nagaland shares a 500-km boundary with Assam.
    • In two major incidents of violence in 1979 and 1985, at least 100 persons were killed. The boundary dispute is now in the Supreme Court
    • On the Assam-Arunachal Pradesh boundary (over 800 km), clashes were first reported in 1992, according to the same research paper.
    • Since then, there have been several accusations of illegal encroachment from both sides, and intermittent clashes. This boundary issue is being heard by the Supreme Court.
    • The 884-km Assam-Meghalaya boundary, too, witnesses flare-ups frequently. As per Meghalaya government statements, today there are 12 areas of dispute between the two states.

     How did the two governments go about handling the issue?

    • The two States had initially tried resolving the border dispute through negotiations but the first serious attempt was in May 1983 when they formed a joint official committee to address the issue.
    • In its report submitted in November 1983, the committee suggested that the Survey of India should re-delineate the boundary with the cooperation of both the States towards settling the dispute.
    • There was no follow-up action. As more areas began to be disputed, the two States agreed to the constitution of an independent panel in 1985.
    • Headed by Justice Y.V. Chandrachud, the committee submitted its report in 1987.
    • Meghalaya rejected the report as it was allegedly pro-Assam.
    • In 2019, the Meghalaya government petitioned the Supreme Court to direct the Centre to settle the dispute. The petition was dismissed.

    How was the ice broken?

    • In January 2021, Home Minister urged all the north-eastern States to resolve their boundary disputes by August 15, 2022, when the country celebrates 75 years of Independence.
    • It was felt that the effort could be fast-tracked since the region’s sister-States either had a common ruling party.
    • In June 2021, the two States decided to resume talks at the CM level and adopt a “give-and-take” policy to settle the disputes once and for all.
    • Of the 12 disputed sectors, six “less complicated” areas — Tarabari, Gizang, Hahim, Boklapara, Khanapara-Pilingkata and Ratacherra — were chosen for resolving in the first phase.
    • Both States formed three regional committees, one each for a district affected by the disputed sectors.

    What were the principles followed?

    • These committees, each headed by a cabinet minister, were given “five principles” for approaching the issue.
    • These principles are historical facts of a disputed sector, ethnicity, and administrative convenience, willingness of people and contiguity of land preferably with natural boundaries such as rivers, streams and rocks.
    • The committee members conducted surveys of the disputed sectors and held several meetings with the local stakeholders.
    • This paved the way for the March 29 closure of the six disputed sectors.

    Issues with this settlement

    • Officials in Assam said it was better to let go of areas where they did not have any administrative control rather than “live with an irritant forever”.
    • However, residents in the other six disputed sectors feel the “give-and-take” template could spell disaster for them.
    • The fear is more among non-tribal people who could end up living in a “tribal Meghalaya with no rights”.

     

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