💥UPSC 2026, 2027, 2028 UAP Mentorship (March Batch) + Access XFactor Notes & Microthemes PDF
Talk to mentor

Civilsdaily

Login

Search results for: “”

  • India Internal Security | Neighbors as Issue of Security Threat

    India faces myriad security challenges both external and internal. Unlike any other country in the World, Indian security is marred by legacy issues that include unresolved boundary disputes, not coming to terms with the partition of the sub-continent, or culture of competition and challenge in case of one and unwillingness to accept India as a reckonable regional player in the case of the other, undermining Indian strategic space as it seeks to expand its political, economic and strategic influence.

    This has resulted in constant friction with two of its nuclear-armed neighbors with whom India has fought wars; increasingly acting in collusion. There thus exists an omnipresent danger of regional strategic instability with potential for escalation threatening India’s territorial integrity and strategic cohesion.

    India has a land border of over 15000 kilometers with seven countries, sections of which remain contested, or not formally demarcated even after nearly seven decades. At places, there is not even a mutually agreed line of control.

    With eleven neighboring countries (including four across the seas), many of which share cross-border Diasporas with India, internal peace and external security are inextricably intertwined. Given a rising graph of cross-border terrorism over the past two decades, cooperation with neighbors on security is essential.

    Bangladesh

    Threat from Bangladesh assumes serious dimensions since it became a base for northeast insurgent groups like ULFA and Naga factions. Of late, it has also been serving as a conduit for ISI sponsored infiltration of terrorists along India and Bangladesh’s porous border.

    The impact of illegal migration from Bangladesh on India’s security can be identified through two indicators.

    First, conflict over scarce resources, economic opportunities and cultural dominance ensues between the locals and migrants, along with the resultant political instability caused by the mobilisation of popular perception against the migrants by the elites to grab political power.

    Second, the rule of law and integrity of the country are undermined by the illegal migrants engaged in illegal and anti-national activities, such as entering the country clandestinely, fraudulently acquiring identity cards, exercising voting rights in India despite being a Bangladeshi and resorting to transborder smuggling and other crimes.

    The Bodo insurgency, which began as a reaction to the “Assamese domination” after the Assam Accord, and which continues to rage even after signing of two peace accords in 1993 and 2003, has periodically targeted Muslims, perceived as Bangladeshis, in lower Assam.

    The violence against the Muslims, in particular, stems from their fear of being rendered a minority in their own area given the perceived rapid rise of Muslim population. Bodo militants also believe that Muslim settlers support illegal migrants who continue to arrive through the riverine areas and encroach upon land belonging to their community, thus justifying retaliation.

    In  Tripura, where the tribal community has been reduced to a minority because of the large-scale influx of Bengalis. The tribal community has been resisting the settlement of Bengalis from East Bengal/Pakistan, and later Bangladesh, in their land since independence.

    Another outcome of the large-scale settlement of illegal migrants is that a number of mosques and madrasas have come up to cater to the needs of the migrant population in these areas. The construction of mosques and madrasas demonstrates the cultural and religious assertion by the illegal migrants who are overwhelmingly Muslims. The locals, especially the Hindus, believe that these mosques and madrasas, funded by money from Saudi Arabia, Kuwait, Bangladesh, etc., propagate anti-Hindu and anti-India sentiments. It is believed that these activities are conducted by Jamaat-e-Islami members who clandestinely cross over from Bangladesh

    These developments have created resentment against the illegal migrants among the local population, who feel that they are getting marginalised in their own land.

    This also signifies that the issue of illegal migration from Bangladesh is not going to die down and will continue to pose a challenge to the country’s internal security.

    China

    While there have been perceived trust deficit and security dilemma, both real and imagined, between India and China, particularly after 1962 war, it is seldom remembered that India and China enjoy a degree of camaraderie and strategic trust and have not indulged in war again.

    The disintegration of the erstwhile USSR and the end of cold war in 1991, not only transformed the geopolitical spectrum but also removed the major obstacle in the Sino-Indian relations, which in turn gave fillip to strategic trust to Sino-Indian relations.

    China appears to have become increasingly aggressive as it has steadily risen in power and as the influence of the West has progressively declined. It seems to have been spurred by the ineffectual response of the international community, particularly the United States, on the South China Sea discord.

    China’s defence cooperation and its support to Pakistan for missile technology are perceived in India to be threatening. Even though India protests from time to time against the US military aid to Pakistan, it does not find that support as threatening as the Chinese cosiness with Pakistan.

    The attempt by the People’s Liberation Army (PLA) to escalate tension in the trijunction of the India-China Middle Sector of the boundary at Doklam is a new development. It brings Bhutan into the boundary matrix between India and China. The Doklam border tension involves bilateral, trilateral and geopolitical facets.

    Doklam is a fresh attempt by Beijing to exert pressure on India to reframe India-China relations which have not been the best under the current leaderships in the two countries.

    Bhutan’s north-western region is close to Chumbi Valley and to the Tibetan region bordering the Indian state of Sikkim. A settlement between China and Bhutan in this area will have an obvious impact on Indian security. Chumbi Valley is located in the Yadong county of Tibetan Autonomous Region, which is geographically near the Siliguri corridor of northeast India.

    If Siliguri corridor is blocked, whole northeast will be cutoff from India and that is a major concern and a security threat.

    Pakistan

    The internal security problems have become aggravated in recent times with Pakistan’s policy of cross border terrorism, along with its intense hostile anti-India propaganda designed to mislead and sway the loyalties of border population. The intensification of cross border terrorism, targeted to destabilize India, has thrown up new challenges for our border management policy.

    The offensive agenda of Pakistan’s ISI to promote international terrorism and subvert India is expected to intensify. The J&K cauldron is expected to continue. Vigorous efforts are on to revive militancy in Punjab. Insurgent groups in different parts of the country are receiving support and encouragement. Illegal infiltration and smuggling of arms and explosives, narcotics and counterfeit currency are pressing problems.

    Samjhauta Express is being used for gunrunning and drug trafficking. Similar arrangements are needed to ensure foolproof security checks, in respect of buses that ply between India and Pakistan.

    The guarding of the coastal and creek areas of Gujarat pose extreme challenges due to the hostile terrain, inhospitable climatic conditions, hazardous nature of the sea and creek areas on this side of the border, the existence of about 400 sq. kms of mangrove swamp with interlacing intricate stretches of sub-creeks and deep inlets of varying dimensions and further complicated by the ever shifting sand bars. The resources presently available to the BSF, Police and the Customs are inadequate to meet these challenges in coastal and creek areas.

    It is quite possible that Pakistan may use the Gujarat route to push Bangladeshi nationals to India.

    Nepal

    The dynamic nature of the problems concerning management of borders is brought out by the manner in which the sensitivity of India-Nepal border has changed over a period of time. This border, which has been an open one, was once peaceful and trouble-free. However, with the increasing activities of Pakistan’s Inter-Services Intelligence (ISI) in Nepal, the nature of the border has changed completely. These security concerns need to be addressed urgently.

    Myanmar

    Free movement across the Indo-Myanmar border has been the practice from times immemorial due to the ethnic and cultural similarity in the areas adjoining the border.

    Illegal trade activities in a variety of contraband items flourish at Moreh on the Indo-Myanmar border.

    Bhutan

    The border areas on both sides of the Indo-Bhutan border do not have basic infrastructure such as communications, roads, health, education, drinking water facilities etc. These areas are often used as sanctuaries by the insurgent groups of the North East particularly the United Liberation Front of Assam (ULFA) and the National Democratic Front of Bodoland (NDFB).

    Settlements of Bangladeshis are coming up along either side of the Indo- Bhutan border. Many of them are reportedly seeking jobs and employment in the Bhutanese territory, in the garb of Indian citizens. This is another reason to closely monitor the Indo-Bhutan border.

    India must seek to maintain independence of its foreign policy and security choices reflective of its civilizational ethos, while working in partnership with all friendly countries on issues of common interest.

  • [Official Answers] 21 August 2017 | Pub Ad | Daily Answer Writing Session

    Q.1 Explain Karl Marx’s view on the relationship of bureaucracy with the state and the society.

    Marx’s main interest centred around three basic concepts the development of capitalism, the magnitude or
    extent of its exploitation of working class and, finally, the emancipation of working class. In the course of
    analysis of these three basic issues he has discussed almost all the major issues of economics, politics and
    sociology (Criticism to Political Economy of Capitalism). Bureaucracy is one of these issues.
    Marx’s View on Bureaucracy and state

    • Bureaucracy is a party to exploitation and most probably for this reason he used two words state
      bureaucracy. Bureaucracy helped the bourgeois state in its activities of exploiting working class.
    • Bureaucracy was a very common system of administration of states irrespective of differences in state
      administration. The probable reason was that Industrial Revolution completely changed the political,
      economic and social structures of society and became inevitable.
    • Marx has said that in France bureaucracy established class rule “under the absolute monarchy, during
      the first revolution, under Napoleon, bureaucracy was only the means of preparing the class rule of the
      bourgeoisie, under the Restoration, under Louis Philippe, under the parliamentary Republic,’ it was the
      instrument of ruling class.” What transpires from the above analysis is that Marx treated bureaucracy as
      an instrument of ruling class—the most powerful class of society.
    • He knew that bureaucracy is, no doubt, an efficient instrument of administration but it is the most
      powerful instrument of administration that tortures and exploits working class.
    • The bureaucratic system that prevailed in the contemporary states was not neutral at all. Bureaucracy
      not only ensures class rule but the capitalist class uses it to establish supremacy in all sections of the
      state. So, in Marx’s opinion, bureaucracy cannot be separated from state system.
    • A crucial characteristic of the bureaucracy is that of behaving like a private owner vis-a- vis the public
      resources, it conserves a substantial degree of control over these resources and uses them for their own
      purpose.
    • According to Marx, the bureaucracy is bearer of private interests and a reinforcer of private spirit in the
      society as a whole. It is precisely by reinforcing such privatism or particularism of the society that the
      bureaucracy may claim a monopoly of the public-spirit—a monopoly of public resources.
    • It assumes a ‘formalism’ and as such presents itself as a ‘superior consciousness’. Hence the view of Marx was in sharp contrast with that of Weber. But the Neo Marxist scholars admit the relative Autonomy of the State, opening up thereby a fresh line of thought on the analysis of bureaucracy as a fairly autonomous body.

    Q.2 New Public Service starts with the premise that the focus of public management should be citizens, community, and civil society. Elaborate in comparison with NPM.

    New Public Service approach is a model to understand public administration from bottom up perspective which came in late 1990s in response to the domination of New Public Management (NPM) and Traditional Public Administration. Robert B. Denhardt and Janet V. Denhardt are the main propagator of this model. This approach believes, “public servants do not deliver customer services, they deliver democracy.”

    New Public management (NPM) approach was an outcome of Minnobrook conference II which was held in 1988. The main features of the NPM are-

    • It proposes a thorough organizational revamping so that organizational structure will
      become conductive for organizational leadership;
    • It reconceptualises citizens as ‘active customers’.
    • It calls for more autonomy for the public sector managers;
    • Application of rigorous performance measurement technique;
    • Inspired by New Right philosophy, the NPM is in favour of cost-cutting in public sector;
    •  It believes in a decentralized form of governance.

    In 1990s, because of the conceptual and practical problems encountered with the old public administration and New Public Management approach a number of theories developed to conceptualize public management.

    New Public Service is one of them. Most of the approaches believe that public administrators should provide public services with great efficiency but for the NPS approach, what really matters is not how efficiently they are doing their job but how they are contributing to make better life for the citizens. According to Denhardt and Denhardt administrators should realize that they have much to gain by ‘listening’ to the public’ rather ‘telling’ and by ‘serving’
    rather than by ‘steering’.
    FEATURES OF NEW PUBLIC SERVICE APPROACH

    • Serve, rather than steer.
    • The public interest is the aim, not the by-product.
    • Think strategically, act democratically.
    • Serve citizens, not customers.
    • Accountability isn’t simple.
    • Value people, not just productivity.
    • Value citizenship and public service above entrepreneurship
    • Characteristics NPM NPS
    • Theoretical foundations Economic theory, positivist

    Case studies
    By using New Public Service approach, in 2001, President George W. Bush and a bipartisan group of
    Congressional leaders passed the No Child Left Behind Act (“NCLB”) that sought to improve public
    education through greater accountability.
    CONCLUSION
    In short NPS presents a framework which gives full priority to democracy, citizenship and
    service in the public interest. This approach is appropriate in contemporary time where the whole world
    is talking about good governance. New Public Service approach strengthens the idea of good-
    governance as it suggests that public administrators should begin with the recognition that an engaged
    and enlightened citizenship is critical to democratic governance. It focuses ‘Outcomes instead of
    outputs’.

  • India Internal Security | Challenges from within

    International terrorism poses the greatest challenge to the security and stability of the country. It was until recently confined to the state of Jammu & Kashmir but has gradually spread across the length and breadth of the country. The terrorists are opposed to the very idea of India; they want to destroy its icons and its symbols.

    Terrorist modules are active in several urban conglomerations. The security forces and intelligence agencies of the country are quite capable of handling the terrorist threat, but they are hamstrung by government policies.

    We have no comprehensive anti-terror law even though the country has been facing different shades of terrorism for the last nearly fifty years.

    Jammu & Kashmir

    Jammu and Kashmir became an integral part of the Indian Union when the then ruler of the State, Raja Hari Singh, on October 26, 1947, unconditionally signed the instrument of accession in accordance with the legal framework provided for all the Princely States of British India to accede either to India or to Pakistan. The prescribed legal framework did not envisage ratification of accession by the people of a Princely state.

    Pakistan’s refusal to accept the State’s accession to India led it to launch an armed

    aggression in 1947 resulting in forcible occupation of a part of the State that still remains under its illegal control. Pakistan’s non-acceptance of the reality and its ambition to wrest Jammu and Kashmir from India by force led to wars in 1965 and 1971 between the two countries and Pakistan had to face ignominious defeat each time.

    Kashmir is not an Islamic issue and the two-nation theory propagated by Pakistan before and after 1947 has been shown to be irrelevant.

    Pakistan is pursuing a multi-pronged strategy to destabilize India and annex J&K. Militancy is a direct consequence of the unremitting efforts of Pakistan’s covert agencies, particularly its Inter-Services Intelligence (ISI), to exploit the prevailing discontent and destabilize the established authority by creating an anarchic situation.

    Militancy has caused enormous human and economic losses in the State and shattered its economy. There is enough evidence that destabilizing India through actively sponsored terrorism is a matter of state policy for Pakistan.

    Following steps need to be taken to deal with the internal security situation in J&K:

    i) integrate gradually the state of Jammu & Kashmir with the rest of India in all matters;

    ii) deal with the separatist elements with a heavy hand and place a blanket ban on their conspiratorial confabulations with the Pak authorities, both in Delhi and in Islamabad. Any contacts with the terrorist outfits active in/ J&K should be dealt with under the Unlawful Activities (Prevention) Act.

    iii) ensure comprehensive economic development of the State, ensuring accountability in the utilization of funds;

    iv) initiate appropriate measures to bring back and rehabilitate the Kashmiri Pandits who were dislodged from their homes and forced to seek shelter in other parts of the country.

    v) Keep the issue of Pakistan Occupied Kashmir (PoK) alive and put pressure on China to withdraw from the areas it has occupied in J&K.

    The North East

    The region, North East India, comprises States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim.

    Broadly, the conflict in the Northeast could be categorised at three levels: Conflict with the Indian state; conflict between different communities considered “indigenous”; and conflict associated with illegal migration. All three are interlinked and intertwined.

    North-east has been convulsed with separatist and secessionist movements of different hues. These movements could broadly be attributed to:

    • a feeling of neglect by the central government;
    • false propaganda by leaders of the area;
    • alienation of tribals;
    • changes in the demographic pattern caused by the influx of people from across the borders;
    • availability of sanctuaries in Myanmar and Bangladesh;
    • assistance to rebel groups by countries inimical to India.

    Insurgency is in some measure due to the ethnic divide accentuated by migrations from without and exacerbated by foreign intervention. Several insurgent groups in the region are currently demanding independence. Apart from maintaining an unacceptably high level of violence in some of the states in the region, they are engaged in widespread extortion from all sections of society.

    Drug smuggling and gun running are rife. Intelligence reports suggest that the ISI is extremely active in fomenting unrest in the area. The paucity of roads, railways, communication facilities, and slow economic growth, have further contributed to the grievances of the local populace.

    Assam also witnessed upheaval due to the large scale influx of foreigners into the State. An analysis of the data indicates that the law & order situation in Assam remains vitiated due to violent activities of ULFA, NDFB and United Peoples Democratic Solidarity (UPDS) (anti- talks faction).

    In Meghalaya, the law & order situation in Garo hills continues to be under strain.

    The security scenario in Tripura also remains a matter of concern. However, NLFT (Nyanbasi Group) has signed a ceasefire agreement.

    Nagaland has been the epicenter of armed insurrection in north-eastern India. The sparks later flew to Mizoram, Manipur and Tripura. In Nagaland, violence between the NSCN (I/M) and NSCN (K) has remained the prominent feature of the current violence profile. NSCM (I/M) has signed a ceasefire agreement with government in August 2015.

    The security scenario in Manipur remains a cause of concern. Manipur has about 15 militant groups operating in the Valley and the Hill districts. Apunba Lup, an umbrella organisation of the Meiteis, with the tacit support of Meitei Extremist Organisations, is demanding withdrawal of the disturbed area status of Manipur under Armed Forces (Special) Powers Act, 1958.

    A disturbing development in the north-east is China’s renewed interest in the region and culpable involvement with the insurgent outfits.

    NORINCO or the China North Industries Corporation, a state owned weapon manufacturing company, has emerged as the largest supplier of arms to the underground of the north-east through Myanmar and Bangladesh. It has office in Bangkok and operates through a network of agents spread over south-east Asia.

    The continued unrest in the north-east is to be attributed essentially to the following factors:

    • an impression among the tribes that the Government of India could be blackmailed into giving concessions by perpetrating violent incidents;
    • widespread corruption among the ruling elite;
    • active involvement of foreign intelligence agencies; and
    • connivance/helplessness of neighbouring countries in permitting insurgent groups to set up training camps and allowing them to procure arms and supply the same to the insurgent outfits.

    The strategy adopted by the Government to improve the situation in the North East includes accelerated infrastructural development, stress on employment and good governance and decentralisation, building friendly relations with neighbouring countries, willingness to meet and discuss legitimate grievances of the people as also a resolve not to tolerate violence.

    The Government of India’s internal security doctrine on north-east will need to take care of the following aspects:

    i) dialogue is to be preferred to armed confrontation but the period of peace talks should be utilised for meaningful exchange of ideas and the insurgent outfit must not be allowed to use this period to enhance its strength in terms of following and weaponry;

    ii) the terms of suspension of operations must be strictly enforced and the insurgent outfit restrained from indulging in extortions, collection of taxes, forcible recruitment and other unlawful activities;

    iii) there should be accountability in the utilisation of funds allotted for development;

    iv) people from the north-east should be given greater opportunities of cultural interaction with the rest of the country.

    Punjab

    The situation in Punjab needs to be kept under close watch. Many pro-Khalistani militants continue to enjoy shelter in Pakistan and there are reports of plans to revive terrorism in Punjab. Subversive propaganda is being aired from Pakistani Punjab.

    There are, meanwhile, disturbing indications of Pak Inter-Services Intelligence (ISI) putting pressure on militant groups of Punjab like the Babbar Khalsa International (BKI), Khalistan Zindabad Force (KZF), Khalistan Tiger Force (KTF), International Sikh Youth Federation (ISYF) and their collaborators in European and North American countries to revive militancy in the Punjab.

    Maoist Insurgency

    The Maoist problem has been described as the biggest internal security threat to the country.

    The salient features of the movement today are as follows:

    • Spread over a large geographical area
    • Increase in potential for violence
    • Expansion in north-east
    • Nexus with other extremist groups

    Presently, about 173 districts across the country are affected by incidents of Maoist violence; out of these 26 have been identified as highly affected. These are mostly in the seven states of Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand, Maharashtra, Odisha, and West Bengal.

    The Naxals’ potential for violence has increased substantially with their acquisition of sophisticated weapons and expertise in the use of improvised explosive devices (IEDs).

    The Maoists are spreading their tentacles in the north-east and there are disturbing reports about their trying to forge links with the insurgent outfits active in the region.

    The Maoists’ nexus with the other extremist organizations has added to the complexity of the problem. The PW (People’s War) cadres received training in the handling of weapons and IEDs from ex-members of the Liberation Tigers of Tamil Eelam (LTTE). Besides, they have entente cordiale with the NSCN (IM). Some batches of Naxals received arms training from the ULFA. Besides, the Communist Party of India (Maoist) has fraternal relations with the Communist Party of Nepal. Pakistan’s ISI is also trying to reach out to the Maoists.

    The Maoist problem requires a comprehensive approach with emphasis on the following aspects:

    1. The development paradigm pursued since independence, the benefits of which have been disproportionately cornered by the dominant sections at the expense of the poor and which has aggravated the prevailing discontent among marginalised sections of society, deserves to be given a second look and reviewed.
    2. The PLGA will have to be neutralised through sustained counter-insurgency operations. It must, however, be ensured that there is minimum collateral damage.
    3. Socio-economic development of the areas affected will need to be ensured through sincere implementation of the plans.
    4.  The grievance redressal machinery will need to be activated at different levels. Justice must be seen to be delivered.
    5. Land alienated from tribals must be restored to them
    6. Tribals’ rights over forests must be recognized. The provisions of the Forest Rights Act should be enforced.
    7. There should be genuine attempt to win the hearts and minds of the people.
    8. The door for peace talks should always be kept open.

    Illegal Migrations

    One of the biggest problems facing India and having a direct bearing on the country’s economy and security is that of the continuing illegal migration of Bangladeshis into India.

    The factors which have been encouraging the influx from Bangladesh side are:

    • steep rise in population with increasing pressure on land and mounting unemployment,
    • recurrent natural disasters like floods and cyclones, uprooting large segments of humanity, 
    • better economic opportunities in India, 
    • religious persecution of Hindus and discrimination of tribals,

    Islamic interests encouraging expansion of territory, organized immigration by touts and anti-social elements, and porous and easily negotiable international borders.

    The bulk of the Bangladeshi immigrants are in the states of Assam, West Bengal, Bihar, Delhi and the north-eastern states.

    The Supreme Court of India, in a landmark judgment (July 2005), while repealing the notorious The Illegal Migrants (Determination by Tribunal ) (IMDT) Act, observed that “there can be no manner of doubt that the State of Assam is facing ‘external aggression and internal disturbance’ on account of large scale illegal migration of Bangladeshi nationals” and directed the Union of India “to take all measures for protection of the State of Assam from such external aggression and internal disturbance as enjoined in Article 355 of the Constitution”.

    According to Myron Weiner, the global immigration crisis should not, and cannot, be ignored, specifically because it presents serious challenges to states and the preservation of human rights.

    There are three possible options :

    1. Accommodation Control– It involves expanding the level of legal immigration and accepting a chunk of the illegal immigrants. This option is based on the neo-classical economics, which argues that economic benefits accrue from the free movement of the factors of production.
    2. Greater Border Control– This would involve increasing the deployment of police and paramilitary forces to effectively check trans-border movements. Besides, physical barriers like border security fencing may also be erected to prevent unauthorized movements of people from either side. Identity cards could be issued to the citizens so that the detection of illegal immigrants becomes easier.
    3. Intervention– This involves changing the economic, political and social factors in the sending countries which lead to migrations. Such efforts have been made in a number of countries. Somalia, the former Yugoslavia, and Haiti, are three prominent examples. Economic assistance, coercive diplomacy, sanctions, and military interventions are the possible tools.

    Other Threats

    There are threats to internal security from certain other factors also. These include:

    • Regional aspirations
    • Inter-state disputes
    • River water sharing issues
    • Communal problems
    • Caste tensions
    • Demand for reservations, etc.

    These factors also, from time to time, pose a formidable challenge.

    A recent phenomenon is the mushrooming of pan-Islamist militant outfits with links to radical organisations in Pakistan, Saudi Arabia, Sudan and some other West Asian countries. Funded by Saudi and Gulf sources, many new madrassas have come up all over the country in recent years, especially in large numbers in the coastal areas of the West and in the border areas of West Bengal and the North East. Reports of systematic indoctrination of Muslims in the border areas in fundamentalist ideology is detrimental to the country’s communal harmony.

    The challenges can, however, be effectively dealt with and contained if we have a proper internal security doctrine, and the same is implemented in letter and spirit irrespective of the sacrifices the nation may have to make in the process.

  • India Internal Security | Social Diversity as Issues of Security Threat

    Social Diversity as Issues of Security Threat

    Differences of power, wealth and geography do determine what we perceive as the gravest threats to our survival and well-being.

    The Indian cultural tradition is unique. The notions of dharma (normative order), karma (personal moral commitment] and jati (caste) as the hierarchical principles of social stratification are basic to Indian culture.

    A certain level of configuration of these elements and consensus have brought about persistence and equilibrium in Indian society, and hence no major breakdown has taken place in its culture. It is said that the change is in the cultural system and not of the system. In other words, basic cultural and social values and norms still continue with some modifications.

    The uniqueness of the Indian culture does not simply refer to its esoteric nature. It requires a thorough study in terms of its history. Absorption and assimilation characterised social and cultural change. Aryans and Dravidians lived together. Hindus and Muslims lived in close proximity – socially and culturally. Later on, Christians joined them. Today, Hindus, Jains, Muslims, Sikhs, Christians and people of other faiths participate together in the government, industry, commerce and other sectors of public life. Thus, there has been a continuous unity even in the situation of stark diversity.

    In the wake of India’s partition, the major problem facing the country was of dousing the communal fire and rehabilitating the huge population which had moved from across the border. One would have expected that this would be taken care of within a couple of years and after that the country would embark on a process of national reconstruction and consolidation. Not that this did not happen, but the progress was greatly hampered by the challenges which the country found itself confronted with in the different theatres.

    Factors of Disunity:

    Despite a rich cultural heritage, egalitarian policies and programmes, and the ‘rule of law’, narrow loyalties, parochial ties and primordial interests have also increased in the post-independence India. We find divisive forces in many parts of the country. India is a land of sharp contrasts having very rich, upper caste and class people on the one hand, and extremely poor, lower caste and class people on the other.

    There are minority groups based on a variety of considerations such as religion, language, region, customs and traditions. Even, the so-called majority group, namely, the Hindus, is divided into several sects, castes, clans and linguistic groups. These groups have certain aspirations for their members in regard to better education, employment and a high standard of living.

    All members belonging to different castes and communities do not have equal chance or access, and hence they are denied ‘distributive justice’. Such a situation of unequal opportunities in life, which itself is rooted into socially structured inequalities, aggravates tensions, mutual distrust and frustration.

    Socio-economic fragility is the predisposition to suffer harm from the levels of marginality and social segregation of human settlements, and the disadvantageous conditions and relative weakness related to social and economic factors.

    The consciousness of unity and a feeling of Indianness are seriously hampered due to situations of hierarchy and inequality. Today, India is faced with this problem due to a lack of  synchroni­sation between the form and contents of its social structure.

    At times, ethnic groups tend to operate as diametrically opposed groups due to clash of their real or supposed interests. Such a clash of interests may also take the form of communalism. Some groups may take undue advantage of their large numbers or of superior social origins to corner a major share of the national resources.

    The other communities with smaller populations may feel deprived of what they feel are their ‘legitimate claims’. Situations of mutual distrust, disaffection and distance may arise between various ethnic groups. One perspective is that ‘relative deprivation’ is the root cause of all ethnic strife.

    Sometimes ethnic conflict is due to the distinction made between ‘outsiders’ and ‘insiders’. ‘We’ (insiders) against ‘they’ (outsiders) is an attitude found in all societies. Immigrants are treated as ‘foreigners’. Such a problem arises when people speaking Assamese, Bengali, Gujarati, Oriya, Hindi, Kashmiri, Punjabi, Urdu, Marathi and Sindhi consider each other different in the national context. Members belonging to one state often consider members from other states as outsiders. They would not like them to seek employment in their state.

    It is clear that the language situation in India is quite compli­cated and hazardous for national consolidation and development. The structure of linguistic states came into existence in India after a great deal of acrimony and bad feeling.

    In the absence of an all-India language as a unifying force, the formation of linguistic states has taken the country towards narrow sectionalism, provincialism and parochialism, endangering national integration.

  • UPSC GS3 | Money-laundering and its prevention

    Back2Basics

    1. Money-laundering- Introduction and causes
    2. Regulation of Money Laundering – International Laws/Conventions
    3. Regulation of Money Laundering in India

  • India Internal Security | Regulation of Money Laundering in India

    With its growing financial strength, India is vulnerable to money laundering activities even though the country’s strict foreign exchange laws make it difficult for criminals to launder money.

    Prevention of Money Laundering Act, 2002

    The aforesaid Act was enacted to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering. The Act extends to the whole of India including J&K.

    Financial Intelligence Unit – India (FIU-IND)

    Financial Intelligence Unit – India (FIU-IND) was set by the Government of India as the central national agency responsible for receiving, processing, analyzing and disseminating information relating to suspect financial transactions.

    FIU-IND is also responsible for coordinating and strengthening efforts of national and international intelligence, investigation and enforcement agencies in pursuing the global efforts against money laundering and related crimes. FIU-IND is an independent body reporting directly to the Economic Intelligence Council (EIC) headed by the Finance Minister.

    Role of Reserve Bank of India

    The regulatory purview of the Reserve Bank extends to a large segment of financial institutions, including commercial banks, co-operative banks, non-banking financial institutions and various financial markets. The Board for Financial Supervision (BFS) continues to exercise its supervisory role over those segments of the financial institutions that are under the purview of the Reserve Bank.

    Recently, the RBI has issued a series of master circulars to the banks, about the precautions to be exercised in handling their customers’ transactions. Important amongst these is a guidance note issued about treatment of customer and key to knowing the customer. The identity, background and standing of the customer should be verified not only at the time of commencement of relationship, but also be updated from time to time, to reflect the changes in circumstances and the nature of operations of the account.

    Role of Securities Exchange Board of India

    Indian securities market is also prone to money-laundering activities. Intermediaries registered under the SEBI are under reporting obligation of PMLA. FIU-IND has also issued certain guidelines relating to KYC to be followed by these intermediaries.

    The main source of money-laundering would be the Participatory Notes Transaction and Overseas Direct Investment Routes.

    The PN/ODI route and its cover of anonymity is being used by certain entities without there being any real time check, control and due diligence on their credentials. Such a lapse has very grim portents as far as the market integrity and interest of investors are concerned.

    SEBI has almost taken a full circle on the issue of Participatory Notes. SEBI has taken certain important measures in favor of the Foreign Institutional Investors (FII) as well as the unregistered foreign investors who intend to invest in the Indian Securities market. KYC norms are now mandatory in order to do P-notes transactions in Indian market.

    Suggested Measures

    • The Government of India should move forward expeditiously with amendments to the PMLA that explicitly criminalize terrorist financing, and expand the list of predicate offenses so as to meet FATF’s core recommendations.
    • Further steps in tax reform will also assist in negating the popularity of hawala and in reducing money laundering, fraud, and financial crimes.
    • The GOI should ratify the UN Conventions against Transnational Organized Crime and Corruption.
    • The GOI needs to promulgate and implement new regulations for non government organizations including charities.
    • Given the number of terrorist attacks in India and the fact that in India hawala is directly linked to terrorist financing, the GOI should prioritize cooperation with international initiatives that provide increased transparency in alternative remittance systems.
    • India should devote more law enforcement and customs resources to curb abuses in the diamond trade.
    • It should also consider the establishment of a Trade Transparency Unit (TTU) that promotes trade transparency; in India, trade is the “backdoor” to underground financial systems.
    • The GOI also needs to strengthen regulations and enforcement targeting illegal transactions in informal money transfer channels.

  • India Internal Security | Regulation of Money Laundering – International Laws/Conventions

    Money laundering is a truly global phenomenon. The increasing integration of the world’s financial system, as technology has improved and barriers to the free movement of capital have been reduced, has meant that money launderers can make use of this system to hide their ill-gotten gains. They are able to quickly move their criminally derived cash proceeds between national jurisdictions, complicating the task of tracing and confiscating these assets.

    Action at the international level to combat money laundering began in 1988 with two important initiatives:

    The Basel Committee on Banking Regulations and Supervisory Practices 

    The Basel Statement of Principles on the prevention of criminal use of the banking system was a significant breakthrough on the financial front to have some controlling mechanism for money-laundering on an international plane.

    The Statement of Principles does not restrict itself to drug-related money laundering but extends to all aspects of laundering through the banking system, i.e. the deposit, transfer and/or concealment of money derived from illicit activities whether robbery, terrorism, fraud or drugs. It seeks to deny the banking system to those involved in money laundering by the application of the four basic principles:

    1. Know Your Customer (KYC) – This mandates the bank to take reasonable efforts to determine their customer’s true identity, and have effective procedures for verifying the bonafides of a new customer.
    2. Compliance with Laws – Bank management should ensure high ethical standards in complying with laws and regulation and keep a vigil to not provide services when any money-laundering activity is suspected.
    3. Cooperation with Law Enforcement Agencies
    4. Adherence to the Statement

    The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

    This UN Convention was one of the historic conventions inasmuch as the parties to the Convention recognized the links between illicit drug traffic and other related organised criminal activities which undermine the legitimate economies and threaten the stability, security and sovereignty of States and that illicit drug trafficking is an international criminal activity that generates large profits and wealth, enabling transnational, criminal organizations to penetrate, contaminate and corrupt the structures of government, legitimate commercial and financial businesses and society at all levels.

    The treaty required the signatories to criminalize the laundering of drug money, and to confiscate it where found. All countries ratifying agree to introduce a comprehensive criminal law against laundering the proceeds of drug trafficking and to introduce measures to identify, trace, and freeze or seize the proceeds of drug trafficking.

    Based on the convention many countries have framed their national legislations. Council of Europe Convention on Laundering is motivated by this convention as well as this convention gave a framework for FATF to work.

    GPML

    The Global Programme against Money Laundering was established in 1997 in response to the mandate given to UNODC by the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. GPML mandate was strengthened in 1998 by the United Nations General Assembly Special Session (UNGASS) Political Declaration and Action Plan against Money Laundering which broadened its remit beyond drug offences to all serious crime.

    The Financial Action Task Force (FATF)

    The Financial Action Task Force (FATF) is an inter-governmental body founded by G7 Countries (Canada, France, Germany, Italy, Japan, United Kingdom), created in 1989, whose purpose is the development and promotion of national and international policies to combat money laundering and terrorist financing. The Forty Recommendations of the Financial Action Task Force on Money Laundering (FATF) have been established as the international standard for effective antimoney laundering measures.

  • India Internal Security | Money-laundering- Introduction and causes

    Mahatma Gandhi said:

    “Capital as such is not evil; it is its wrong use that is evil. Capital in some form or another will always be needed.”

    The primary function of money is to serve as a medium of exchange, and as such it is accepted without question in final discharge of debts or payment of goods or services.

    Money is the root cause of many evils like corruption, black marketing, smuggling, drug trafficking, tax evasion, and the buck does not stop here it goes to the extent of sex tourism and human trafficking (a human selling another human in the era of human rights).

    The more developed the nation, the more the standard of living of the people. People want more money to cater to their needs and at a point of time they don’t hesitate to have money from any source (black or white who cares). This is the available soft corner where the concept of money laundering enters and prospers.

    Money Laundering refers to the conversion or “Laundering” of money which is illegally obtained, so as to make it appear to originate from a legitimate source. Money Laundering is being employed by launderers worldwide to conceal criminal activity associated with it such as drug / arms trafficking, terrorism and extortion.

    Article 1 of EC Directive defines the term ‘money laundering’ as “the conversion of property, knowing that such property is derived from serious crime, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the committing such an offence or offences to evade the legal consequences of his action, and the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from serious crime”.

    Thus, Money Laundering is not an independent crime, it depends upon another crime (predicate offence), the proceeds of which is the subject matter of the crime in money laundering. From the legal point of view, the Achilles’ heel in defining and criminalizing money laundering relates to the so-called ‘predicate offences’ understood as the criminal offences which generated the proceeds thus making laundering necessary.

    Hiding or disguising the source of certain proceeds will of course, not amount to money laundering unless these proceeds were obtained from a criminal activity. Therefore, what exactly amounts to money laundering, which actions and who can be prosecuted is largely dependant on what constitutes a predicate crime for the purpose of money laundering.

    Money Laundering – An Organized Crime:

    Money Laundering has a close nexus with organized crime. Money Launderers accumulate enormous profits through drug trafficking, international frauds, arms dealing etc.

    Cash transactions are predominantly used for Money Laundering as they facilitate the concealment of the true ownership and origin of money. It is well recognized that through the huge profits the criminals earn from drug trafficking and other illegal means, by way of money laundering could contaminate and corrupt the structure of the State at all levels, this definitely leads to corruption. Further, this adds to constant pursuit of profits and the expansion into new areas of criminal activity.

    Through money laundering, organized crime diversifies its sources of income and enlarges its sphere of action. The social danger of money laundering consists in the consolidation of the economic power of criminal organizations, enabling them to penetrate the legitimate economy. In advanced societies, crime is increasingly economic in character.

    Criminal associations now tend to be organized like business enterprises and to follow the same tendencies as legitimate firms; specialization, growth, expansion in international markets and linkage with other enterprises. The holders of capital of illegal origin are prepared to bear considerable cost in order to legalize its use.

    As per an estimate of the International Monetary Fund, the aggregate size of money laundering in the world could be somewhere between two and five percent of the worlds Gross Domestic Product. Although money laundering is impossible to measure with precision, it is estimated that US$300 billion to US$500 billion in proceeds from serious crime (not tax evasion) is laundered each year.

    It is really not possible to enlist all the techniques of Money Laundering exercise; however, some techniques are illustrated for the sake of understanding:

    1. Hawala – Hawala is an alternative or parallel remittance system. It exists and operates outside of, or parallel to ‘traditional’ banking or financial channels. It was developed in India, before the introduction of western banking practices, and is currently a major remittance system used around the world. In hawala networks the money is not moved physically.
    2. Structuring Deposits – Also known as smurfing, this method entails breaking up large amounts of money into smaller, less-suspicious amounts. In the United States, thisn smaller amount has to be below $10,000 — the dollar amount at which U.S. banks have to report the transaction to the government. The money is then deposited into one or more bank accounts either by multiple people (smurfs) or by a single person over an extended period of time.
    3. Third-Party Cheques – Utilizing counter cheques or banker’s drafts drawn on different institutions and clearing them via various third-party accounts. Third party cheques and traveller’s cheques are often purchased using proceeds of crime. Since these are negotiable in many countries, the nexus with the source money is difficult to establish.
    4. Credit Cards – Clearing credit and charge card balances at the counters of different banks. Such cards have a number of uses and can be used across international borders. For example, to purchase assets, for payment of services or goods received or in a global network of cash-dispensing machines.

    Causes of Increase in Money Laundering and Inability to Control

    There are various causes for increase in Money Laundering and the few of them can be enlisted as follows which is popularly known as ‘Features of an Ideal Financial Haven’:

    • No deals for sharing tax information with other countries –
    • Availability of instant corporations
    • Corporate Secrecy Laws – as the corporate law of certain countries enables launderers to hide behind shell companies.
    • Excellent Electronic Communication
    • Tight Bank Secrecy Laws
    • A Government that is Relatively Invulnerable to Outside Pressures
    • A high degree of Economic Dependence on the Financial Services Sector
    • A Geographical Location that Facilitates Business Travel to and from rich neighbors.
    • Increase in sophistication and employment of professional people for doing the task

  • UPSC GS3 | Basics of cyber security

    Back2Basics

    Basics of cyber security

  • India Internal Security | Basics of cyber security

    Cyberspace is being used for a variety of malicious activities, from crime to state-sponsored attacks on critical infrastructure.

    The interconnectedness of cyber networks means that even the most basic responses end up having a ripple effect or unintended consequences.

    India has been at the receiving end of various forms of cyber threats; from attacks on critical infrastructure to cybercrime and the latest manifestation of the misuse of social media.

    While threats have existed right from the early days of cyberspace, the sporadic nature of the attacks and their targets suggested that they were largely the handiwork of hackers and low-level criminal elements.

    The major delivery vehicles were spam mails containing viruses and malware. These were however manageable and up-to-date antivirus programmes and firewalls were deemed sufficient for keeping such risks at bay.

    Subsequently, new forms of malware such as Worms and Trojans, which exploited the vulnerabilities of buggy software, also began to make their appearance. Phishing and Denial of Service (DoS) attacks also entered the lexicon. Whilst the former was a technique for gaining personal information for purposes of identity theft or access to e-mails or bank accounts, the latter consisted of malevolent attacks on websites with the intention of making them inaccessible.

    The rise of an international criminal economy on the Internet with its tentacles in a variety of areas and with close linkages to a hacking community for which it provides the monetary resources and direction insofar as the kind of malware to be created and the networks to be penetrated goes, is a key component of the cyber threat.

    Civil Functions of Cyber Security

    Civil functions over the cyber-space have four denominators :-

    • Public Services (health, education, civil-supplies, social security schemes, essential services),
    • Financial Services (banking, subsidy funding),
    • Industry (manufacturing, service sector, R&D, trade),
    • Governance (policy, procedure, statistics, survey, records, administration).

    Accordingly, civil functions of cybersecurity aim at securing the cyberspace in a manner as to prevent inimical acts of the following kinds:

    • Sabotage of ‘National Information Infrastructure’ (NII) through intrusion into electromagnetic spectrum,
    • Inducing collapse, corruption or diversion of the nation’s Information Technology (IT) driven public service, administrative, economic, technical and infrastructure.
    • Psychological subversion of the society to manipulate public opinion.

    Cyber Security Mechanisms

    Considering India’s policy orientations, protection of the cyber-space from manipulations and intrusions from inimical parties would mostly be sought to be passive measures; execution of pro-active disabling actions seems to be rather farfetched in our context. Accordingly, the civil functions of cybersecurity in involve the following mechanisms:-

    • Warning and response to cyber-attacks,
    • Retrieval of cyber-assets – primary, secondary and tertiary data, protocols and processes, and,
    • Restoration of the compromised cyber driven systems – economic, industrial, technological, societal systems.

    Cyber Warfare in the Military Domain

    In the military domain, operations that are undertaken to gain information superiority fall under the ambit of ‘Information Warfare’ (IW). Within that ambit, defensive ‘Information Operations’ (IO) are waged by means of weaponized intervention, electronic warfare etc., ‘cyber warfare’ being one such mean that is cyber-space.

    Cyberwarfare, therefore, is truly a ‘military operations of war’, to be conducted as an element of offensive and defensive IO, and waged in the same measures. It is distinguished by the predominance of offensive content and is to be prosecuted through military-dedicated IT-based satellites, data warehouses, maps, net-works, GPS, UAV, AWACs, PGM etc.

    However, while civil functions are to be operational at all times, the military function during peace-time is to prepare and letting go at war-time to disable the opponent’s military, quasi-military and civil infrastructure. Herein lies the distinction between the civil and military functions.

    Conversely, there are many commonalities between the two functions with respect to the above discussed civil cybersecurity mechanisms as well as the software and processes.

    The Regime of Cyber Security

    Most advanced countries have instituted robust mechanisms to protect their cyber domain.

    In this respect, USA enjoys overwhelming superiority even if she takes elaborate activities under wraps. Besides passive measures, she secures her cyber-space by a technology driven barrage of highly complex cyber-intrusions and deliberate enticement of cyber-attacks from adversaries and friends alike to break into their algorithm. To do so, civil and military functions of cybersecurity enmeshed to produce the best results, cyber- attacks like ‘Gauss’, ‘Stuxnet’, ‘Duqu’, ‘Flame’ etc. being a few known ones.

    China, on the other hand, depends upon mass of cyber operatives, reportedly two million strong, to support her cyber security regime, much of which is committed on internal surveillance and the rest intrusive hacking.

    The score for the European nations stands even despite many reported hacking attacks from China and Russia, not to speak of their all-weather any case, not being at the centre-stage of a global circus, the European stakes are mainly limited to economic cyber-assets.

    India is a novice in comparison, even if there have been some tentative attempts made to venture into the realm of cyber security. These attempts are however, confined just to work-station access-denials, blocks against hacking and back-up storage.

    While India was among the first countries to have an Information Technology Act, set up a Computer Emergency Response team (CERT) and even locate responsibility for cybersecurity within the National Security Council, it has subsequently lagged behind other countries in responding to cybersecurity threats.

    A Structure for Cyber Security

    Having discussed the functions of civil cyber security and military cyber warfare and the differences as well as commonalities between the two, it becomes apparent there would have to be a substantial degree of congruence of resources and efforts in protecting the Indian cyber-space; and Two, when it comes to prosecution it would have to be a purely military venture.

    Thus appears the necessity for an apex body to coordinate these primary and secondary functions at the national we may conclude the discussion with a brief look at some of the measures that might afford the desired level of protection to the indigenous cyber-space.

    These be:-

    • Establishment of a ‘National Cyber Regulatory, Control and Security Authority’ (NCRCSA), to coordinate between the civil NCSP and the military ‘Cyber Incorporation of a ‘Cyber Research Department’ would also be necessary.
    • Regulation, coordination and strengthening of the civilian cyber activities of the ‘National Information Centre’, ‘National Crisis Management Centre’, Response Centre’, ‘National Information Infrastructure Protection Centre’, ‘Computer Emergency Response Teams’, NDMA, NTRO, Department of IT, DOT, and the private sector under the aegis of the proposed NCRCSA. The responsibility and wherewithal for cyber security is too diffused at present to be cyber-attack, and respond to it quickly and effectively.
    • ‘Cyber Command’ may be formed to plan and prepare prosecution of Cyber Warfare across the service barriers, and in coordination with the national A ‘Cyber Warfare Research Establishment’ must form part of this Command. NCSP and Cyber Warfare must be permanent and continuously performing with permanent set ups and flexible recruitment and training rules, and as stated, function under the overarching management of the proposed command.

More posts