GS Paper: GS3-24.Various Security Forces and Agencies and their Mandate.

A committee constituted by the Union Home Ministry to study the withdrawal of the Armed Forces (Special Powers) Act, or AFSPA, from Nagaland, slated to submit a report within 45 days is yet to conclude its findings.

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 ‘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.

 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.

Controversies 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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The Defence Minister has encouraged scientists to work towards developing hypersonic missile technology after China’s successful demonstration of hypersonic glide vehicles (HGV).

Try this question:

Q. Hypersonic missiles are nothing but weapons of deterrence. Critically comment in context of arms race development for hypersonic missiles.

History of Missile Technology in India

(1) Pre-Independence

• Before Independence, several kingdoms in India were using rockets as part of their warfare technologies.
• Mysore ruler Hyder Ali started inducting iron-cased rockets in his army in the mid-18th century.
• By the time Hyder’s son Tipu Sultan died, a company of rocketeers was attached to each brigade of his army, which has been estimated at around 5,000 rocket-carrying troops.

(2) Post-Independence

• At the time of Independence, India did not have any indigenous missile capabilities.
• The government created the Special Weapon Development Team in 1958.
• This was later expanded and called the Defence Research and Development Laboratory (DRDL), which moved from Delhi to Hyderabad by 1962.
• In 1972, Project Devil, for the development of a medium-range Surface-to-Surface Missile was initiated.
• By 1982, DRDL was working on several missile technologies under the Integrated Guided Missiles Development Programme (IGMDP).

What kind of missiles does India have?

• India is considered among the top few nations when it comes to designing and developing missiles indigenously.
• However, it is way behind the US, China and Russia in terms of range.
• DRDO is working on multiple varieties of missiles:

[A] Surface-launched Systems

ANTI-TANK GUIDED MISSILE:

• Nag has already been inducted into the services. Nag is the only fire-and-forget ATGM meeting all weather requirements for its range (around 20 km).
• Recently Heli-Nag was tested, which will be operated from helicopters and will be inducted by 2022.
• There is also a Stand-off Anti-Tank (SANT) missile, with a range over 10 km.

SURFACE-TO-AIR MISSILE

• Short-range SAM system: Akash has already been inducted in the Army and the Air Force.
• For Akash 1, which has a seeker, the Army has already got the Acceptance of Necessity from the government.
• For Akash (New Generation), the first tests were conducted in July this year and a couple more trials are to be done.
• Medium-Range SAM: Production of MRSAM systems for the Navy is complete, and it is placing its order.

[B] Air-launched Systems

AIR-TO-AIR:

• Astra, India’s Beyond Visual Range Air-to-Air Missile (BVRAAM), has been completely tested and is under induction.
• It has a range of around 100 km, and DRDO is trying to now induct it with more IAF platforms, including the domestically developed light combat aircraft Tejas.
• A long-range Astra is also being developed, for which initial tests have been conducted.
• The missile uses solid fuel ramjet technology, which enhances speed, and will have an indigenously-built seeker.

AIR-TO-GROUND:

• Rudram, a New Generation Anti-Radiation Missile (NGRAM), has cleared initial tests and some more tests will be conducted soon.
• With a maximum range of around 200 km, the missile mainly targets communication, radar and surveillance systems of the adversary, and was tested from the Sukhoi-30MKI fighter jet last year.
• BrahMos, which India developed jointly with Russia, is already operational.
• It has a 300 km to 500 km range, and is a short-range, ramjet-powered, single warhead, supersonic anti-ship or land attack cruise missile.

India’s crucial missile systems

The two most important are Agni and Prithvi, both being used by the Strategic Forces Command.

• Agni (range around 5,000) is India’s only contender for an inter-continental ballistic missile (ICBM), which is available in only a few countries.
• Prithvi, although a short-range surface-to-surface missile with a 350 km range, has strategic uses. India also tested an anti-satellite system in April 2019.
• A modified anti-ballistic missile named Prithvi Defence Vehicle Mk 2 was used to hit a low-orbit satellite.
• It put India only behind the US, Russia and China in this capability.

What about Hypersonic Technology?

• India has been working on this for a few years, and is just behind the US, Russia and China.
• DRDO successfully tested a Hypersonic Technology Demonstrated Vehicle (HSTDV) in September 2020, and demonstrated its hypersonic air-breathing scramjet technology.
• India has developed its own cryogenic engine and demonstrated it in a 23-second flight.
• India will try to make a hypersonic cruise missile, using HSTDV.
• Only Russia has proven its hypersonic missile capability so far, while China has demonstrated its HGV capacity.
• India is expected to be able to have a hypersonic weapons system within four years, with medium- to long-range capabilities.

What makes India good in missile technology?

• Missile technology is one field in which India has made very positive and substantial progress.
• Under the IGMP then headed by A P J Abdul Kalam, later India’s President, first came Prithvi, then Agni.
• BrahMos, at 2.5-3 times the speed of sound, was among the fastest in the world when developed.
• After the nuclear blast in 1998, cryogenic etc were not given to us by developed countries. Kalam and others, they made it a point that they developed it within the country.

Where do China and Pakistan stand compared to India?

• While China is ahead of India, a lot of things about China are psychological.
• China may have either achieved parity or even exceeded the US in land-based conventional ballistic and cruise missile capabilities.
• China’s missile development is definitely a concern for us, but we will definitely evolve.
• It has given the technology to the irresponsible hands of Pakistan. But getting technology and really using it, and thereafter evolving and adopting a policy is totally different.

Must read:

Agni V vs China’s Hypersonic Missile

 

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