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Subject: Internal Security

  • India’s Fighter Jet Conundrum

    india

    Central idea: The article discusses the challenges faced by the Indian Air Force (IAF) in modernizing its fighter jet fleet due to unending delays in procurement and limited resources.

    Why discuss this?

    • Against the sanctioned strength of 42 fighter squadrons, the IAF has only 31 squadrons today.
    • And this number is expected to remain the same or even decrease by 2029.
    • The IAF representative informed the Parliamentary standing committee that the shortfall may not be accomplished anytime soon.

    Indian Air Force (IAF): A quick backgrounder

    • The IAF was established in 1932, and it played an important role in India’s defence during World War II and later in the 1947-48 Kashmir War.
    • It underwent modernization in the 1960s and 70s with the induction of new aircraft and weapons systems.
    • Since then, the IAF has grown to become one of the largest air forces in the world, with a significant role to play in India’s defence and security.

    Evolution of the IAF

    Key Events
    Pre-Independence Phase – Small organization with only six officers and 19 airmen

    – Played a crucial role in World War II and the 1947-48 Kashmir War
    1947-1962 Phase – Expansion and modernization of the IAF

    – Acquisition of new aircraft and weapons systems
    1962-1980 Phase – Involvement in the 1965 and 1971 Indo-Pak wars

    – Modernization with the induction of new aircraft and missiles
    1980-Present Phase – Further modernization with the acquisition of new aircraft, missiles, and weapons systems

    – Focus on enhancing operational readiness

     

    Current Status of the IAF

    • Large workforce: The IAF has around 1,500 aircraft and 140,000 personnel, making it one of the largest air forces in the world.
    • Fleet details: The IAF has a sanctioned strength of 42 fighter squadrons, but the current strength stands at 31 squadrons.
    • Victorious wars: It has played an essential role in various conflicts, including the 1965 and 1971 Indo-Pak wars and the Kargil conflict in 1999.
    • HADR operation: It has also been involved in humanitarian assistance and disaster relief operations, such as the 2004 tsunami and the 2013 Uttarakhand floods.

    Challenges faced

    The IAF faces multiple challenges in the 21st century.

    • Decommissioning aircraft: By the end of the decade, many of the Jaguars, Mirage-2000s, and Mig-29s will begin going out, which is why the decision on Multi-Role Fighter Aircraft (MRFA) is essential to arrest this drawdown.
    • Arsenal shortages: The IAF faces a shortage of fighter aircraft, which is a significant concern given the current geopolitical environment.
    • Selective modernization: One of the critical issues is modernization, which includes the upgrading of its aircraft and weapons systems.
    • Diverse threat: The IAF also needs to ensure operational readiness to address the changing nature of warfare, which involves non-state actors, asymmetrical warfare, and cyber threats.
    • Logistic fallouts: Furthermore, the IAF needs to improve its logistics and infrastructure to support its operations effectively.
    • Maintenance challenges: There is a slow synergy with vendors for ‘long-term spares and repair contracts’.

    Opportunities for the IAF

    There are several opportunities for the IAF to enhance its capabilities in the modern era.

    • Modernization: The acquisition of new aircraft, weapons systems, and technologies can significantly enhance the IAF’s combat capabilities.
    • Joint cooperation: Additionally, the IAF can improve its international cooperation with other air forces to gain experience and enhance its interoperability.
    • UAV induction: The IAF can also explore the use of unmanned aerial vehicles (UAVs) for surveillance, reconnaissance, and combat roles.
    • Indigenization: The IAF is emphasizing the need for indigenization of its fighter jet production via LCA and Fifth Gen fighter aircraft program.

    Challenges in fleet modernisation

    • Procurement delay: The IAF faces significant challenges in modernizing its fleet due to delays in procurement and limited resources.
    • R&D, Infra bottlenecks: Implementing indigenization is a complex process that involves significant investment in research and development, infrastructure, and human capital.
    • Others: Other challenges include a lack of skilled labour, limited funding, and the need for technology transfer from foreign partners.

    Way forward

    • The IAF needs to prioritize the acquisition of MRFA, focus on increasing the availability rates of the Su-30, and invest in its own industry to achieve self-reliance in the long term.
    • Effective collaboration between industry, government, and the armed forces is crucial for the success of indigenization efforts in the defence sector.

     

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  • Exercise INIOCHOS-23

    iniochos

    The Indian Air Force (IAF) will be participating in a multi-national air exercise called Exercise INIOCHOS-23, which will be hosted by the Greece Air Force.

    Ex. INIOCHOS-23

    • Exercise INIOCHOS-23 will be conducted at the Andravida Air Base in Greece.
    • The IAF will be participating with four Su-30 MKI and two C-17 aircraft.
    • The objective of the exercise is to enhance international cooperation, synergy, and interoperability among the participating Air Forces, as stated by the IAF in a statement.

    Strategic significance

    • The exercise will be conducted in a realistic combat scenario involving multiple types of air and surface assets
    • This will provide valuable insight into each other’s best practices and enable the participating contingents to interact professionally.

     

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  • Drug trafficking In India: New Trends and Serious Security Issues

    Drug trafficking

    Central Idea

    • Narcotics trade is a global social problem that has harmful effects on the youth and families. This trade generates money that is diverted to disruptive activities having bearing on national security, keeping the law enforcement agencies on tenterhooks. India is also facing the problem of drug trafficking, and the issue is assuming dangerous proportions.

    What is Narcotics trade?

    • The narcotics trade refers to the illegal production, distribution, and sale of drugs such as opium, heroin, cocaine, and methamphetamine.
    • It is a global issue that poses a serious threat to public health and safety, as well as national security.
    • The trade is often controlled by criminal organizations, and the money generated from it is often used to fund other illicit activities such as terrorism and money laundering.

    Drug trafficking

    Prevalence of Narcotics trade in India

    • Significant challenge: The Narcotics trade is a serious problem in India, affecting the youth and families, and leading to the diversion of money for disruptive activities that have a bearing on national security.
    • Sandwiched between golden Crecent and golden triangle: India is a big market and a transit route for other countries. India has been seen as sandwiched between the Death (Golden) Crescent and Death (Golden) Triangle.
    • Use of drones to supply drugs: The use of drones to supply drugs and weapons across the border in Punjab is a new phenomenon.
    • Hot destination for cocaine: India has surprisingly become a hot destination for cocaine, which is controlled by South American drug cartels. Investigations have revealed the connection of these cartels with NRIs based in Canada, Australia, Singapore, Hong Kong, and several European countries along with local drug lords and gangsters in India.

    Concerns regarding the Narcotics trade in India

    • Social and health impact: Narcotics trade harms youth and families, leading to addiction and health problems.
    • Diversion of funds for disruptive activities: The money generated from the narcotics trade is diverted for disruptive activities that have bearings on national security.
    • Increase in terrorism: Drug traffickers from across borders have been found to have connections with terrorist organizations like Lashkar-e-Toiba and Hizbul Mujahideen, and the illegal money is used for terror activities sponsored by the ISI.
    • Infiltration of organized crime: Organized gangs, which primarily used to carry out extortion activities in their local areas, are getting hooked to the narcotics trade network, and are being used for drug trafficking and gun running. This creates a nexus between terrorists and organized gangs/underworld, which poses a new and disturbing trend that needs to be tackled effectively by security agencies.
    • Proliferation of darknet markets: Studies reveal that 62 per cent of the darknet is being used for illicit drug trafficking. The anonymity and low risks of darknet transactions are disrupting traditional drug markets.
    • Border security: The heroin and methamphetamine-producing areas have porous borders and are reportedly under the control of rebel groups indirectly supported by intelligence setups. Illicit arms are manufactured here and supplied to underground groups active in India.

    Drug trafficking

    Facts for prelims

    • The Golden Crescent: The Golden Crescent is a region in South Asia that is known for the production of illicit drugs, particularly opium. The region includes parts of Afghanistan, Iran, and Pakistan. It is one of the two major drug-producing areas in the world, along with the Golden Triangle, which is located in Southeast Asia.
    • The Golden Triangle: The Golden Triangle is a region in Southeast Asia that encompasses parts of Myanmar, Thailand, Laos, and Vietnam. It is one of the world’s largest opium-producing areas and is named after the shape formed by the overlapping mountains of these countries.
    • Nearly 90% of the world’s demand for heroin and methamphetamine is being met from these regions.

    Why drug trafficking is a serious security issue?

    • Illegal money: Drug trafficking generates a significant amount of illegal money, which can be used to fund other illegal activities such as terrorism, money laundering, and human trafficking.
    • Social and economic consequences: Drug addiction and abuse can have severe social and economic consequences, including increased crime rates, loss of productivity, and strain on the healthcare system.
    • Organized crime syndicates: Drug trafficking often involves organized crime syndicates, which can undermine the rule of law and weaken the state’s ability to maintain law and order.
    • Impacts regional stability: Drug trafficking can create instability in regions that are already vulnerable to conflict and violence, as rival groups compete for control of the lucrative trade.

    Steps taken by India to address the issue of drug trafficking

    • National Policy on Narcotic Drugs and Psychotropic Substances: India has a comprehensive policy framework to address the issue of narcotics trade. The National Policy on Narcotic Drugs and Psychotropic Substances provides a framework for controlling the illicit traffic in drugs, preventing drug abuse, and providing care and rehabilitation to drug addicts.
    • Narcotics Control Bureau: The Narcotics Control Bureau (NCB) is the nodal agency for combating drug trafficking in India. It works closely with other law enforcement agencies to prevent drug trafficking, intercept drug shipments, and prosecute drug traffickers.
    • International cooperation: India has been cooperating with other countries to combat the narcotics trade. It has signed several bilateral and multilateral agreements to strengthen cooperation on drug trafficking, including the SAARC Convention on Narcotic Drugs and Psychotropic Substances and the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
    • Seizure of drugs: Law enforcement agencies have been seizing large quantities of drugs in recent years. In 2020, the NCB seized over 9,500 kg of drugs and arrested over 5,000 people in drug-related cases.
    • Awareness campaigns: The government has been running awareness campaigns to educate people about the dangers of drug abuse. It has also been working with NGOs and civil society organizations to provide care and rehabilitation to drug addicts.
    • Use of technology: Law enforcement agencies are using technology to track drug trafficking. For example, the NCB has been using social media and the dark web to track drug trafficking.
    • Strengthening border security: India has been strengthening its border security to prevent the entry of drugs into the country. The government has been using modern technology, such as drones and sensors, to monitor the borders.
    • Use of financial intelligence: Law enforcement agencies are using financial intelligence to track the money trail of drug traffickers. They are working closely with banks and financial institutions to identify suspicious transactions and freeze the assets of drug traffickers.

    Way ahead

    • International cooperation: India needs to engage with its neighboring countries to ensure that they take steps to prevent the production and transit of narcotics through their territories. India should also collaborate with international agencies like the United Nations Office on Drugs and Crime (UNODC) to share intelligence and develop a coordinated approach towards combating the drug menace.
    • Strengthening law enforcement: India should strengthen its law enforcement agencies and provide them with the necessary resources and training to effectively tackle the narcotics trade. The Narcotics Control Bureau (NCB) should be given more teeth and made more proactive in tracking down drug traffickers and seizing drugs.
    • Public awareness: India needs to launch a sustained public awareness campaign to educate people about the harmful effects of drugs and the links between drug trafficking and terrorism. The government should also work with civil society organizations to mobilize communities to report drug-related activities in their neighborhoods.
    • Stricter punishment: India needs to introduce stricter punishment for drug traffickers and increase the penalties for drug-related crimes. This will act as a deterrent and make it more difficult for drug traffickers to operate in India.
    • Use of technology: India needs to leverage technology to track and intercept drug shipments. The use of drones and other unmanned aerial vehicles can be explored to monitor the movement of drugs across borders.
    • Monitoring darknet activities: India needs to monitor activities on the darknet and take action against those engaged in drug trafficking through this channel. The NCB can work with international agencies to track down drug traffickers operating on the darknet.
    • Rehabilitation: India needs to focus on rehabilitating drug addicts and providing them with the necessary support to overcome their addiction. This will help in reducing demand for drugs and prevent people from getting into the trap of drug trafficking.

    Conclusion

    • The problem of drug trafficking is a growing threat to India’s security, and the issue needs to be addressed urgently. Concerted and coordinated efforts of all the agencies will be required to tackle this growing threat. The nexus between terrorists and organized gangs/underworld is a new and disturbing trend and the law enforcement agencies must develop new strategies to counter the new trends.

    Mains Question

    Q. The problem of drug trafficking is a growing threat to India’s security. In this backdrop discuss the concerns regarding narcotics trade in India and suggest a way ahead

  • In news: Pralay Ballistic Missile

    pralay

    India is going to buy 250 more Pralay ballistic missiles for the services to strengthen them on the northern borders, further boosting the firepower of the defence forces.

    Pralay Ballistic Missile

    • Pralay is a tactical missile developed from India’s K-series of submarine-launched ballistic missiles (SLBMs).
    • It has a range of 150-500 km and can carry warheads weighing between 350 to 700 kg.
    • The missile is a canisters road-mobile system, which enhances its mobility and allows for quick preparation and launch of the missile.
    • Pralay has the ability to perform manoeuvres in flight and follows a quasi-ballistic trajectory to maintain high speed, making it difficult for enemy missile defence systems to intercept.

    Classification

    • The Indian Defence Ministry has classified Pralay as a “conventional Surface-to-Surface missile”.
    • This distinguishes it from the Agni series of missiles, which have the capability to carry either conventional or nuclear warheads.

    Testing and launch

    • The missile was launched on a quasi-ballistic trajectory in one of the two tests, which enhances its effectiveness against enemy missile defence systems.
    • Satellite imagery of the test shows that Pralay is a canisterised road-mobile system, which adds to its mobility and flexibility in responding to evolving threats.

     

  • Exercise Cope India 23

    The Indian Air Force (IAF) fighters, including Light Combat Aircraft (LCA), Rafale, SU-30MKI, and Jaguars, are set to participate in bilateral air Exercise Cope India 23 with US Air Force (USAF) F-15 fighters and B-1B long-range bombers.

    Exercise Cope India

    • Cope India began in 2004 as a fighter training exercise held at Air Station Gwalior.
    • The exercise has evolved to incorporate subject matter expert exchanges, air mobility training, airdrop training and large-force exercises, in addition to fighter-training exercises.
    • The exercise was last held in 2009.
    • The exercise showcases US and India’s efforts and commitment to a free and open Indo-Pacific region.

    Highlights of the 2023 version

    • The exercise will be conducted in two phases, with the first phase practicing the air-mobility component involving transport aircraft of both countries.
    • The IAF element will include the Su-30MKI, Rafale, Tejas, and Jaguar fighter aircraft, while Japan is taking part in the exercise as an observer.
    • The second phase of the exercise will witness the participation of B-1B bombers of USAF, and F-15 fighter aircraft of the USAF will join the exercise subsequently, according to an IAF statement.
    • The exercise will be supported by aerial refuellers, Airborne Warning and Control System, and Airborne Early Warning and Control aircraft of the IAF.

     

  • India Must Take Khalistan Extremism Seriously and Address The Root Causes

    Central Idea

    • The resurgence of Sikh extremism in the form of the self-styled Sikh extremist preacher Amritpal Singh, modelling himself on Bhindranwale of yore, has raised concerns in areas with a significant Sikh diaspora. The real cause for concern is that the current security dispensation has not learnt from past mistakes and needs to take appropriate action before the situation spirals out of control.

    Background: Bhindranwale Phenomenon

    • The resemblance of the self-styled Sikh extremist preacher, Amritpal Singh, to Bhindranwale is limited to style and lacks substance.
    • However, the extremist fringe among Sikh youth, including the Sikh diaspora in Australia, Canada, the UK, and the US, seems to be galvanized by the imposter’s attempts to revive the Bhindranwale mystique.
    • The links have been established by this ‘core group’ with pro-Khalistan groups such as the Sikhs for Justice (SFJ), the Babbar Khasla, and the Khalistan Liberation Force (KLF).

    Lessons from the Past

    • Inadequate current security dispensation: The current security dispensation does not appear to have learnt the right lessons from past mistakes.
    • Operation Blue Star: The Bhindranwale phenomenon was not a sudden development, and if it were properly handled, it could have been checkmated well before 1984, and the subsequent violence leading to ‘Operation Blue Star’ and the damage caused to Akal Takht could have been avoided.

    What was the Khalistan movement?

    • Dates to pre-independence era: The Khalistan movement, which started in the 1940s during British rule, calls for establishing a separate nation for Sikhs. When India became independent and Punjab was partitioned, its leaders demanded a special status for the state. However, the Central Government did not pay attention to these demands, and Sikhs felt betrayed, leading to the idea of a separate nation growing substantially.
    • Rise of Bhindranwale: Many individuals and organizations contributed to the Sikh revivalist movement; however, Jarnail Singh Bhindranwale emerged as a charismatic leader after becoming the head of Damdami Taksal on August 25, 1977.
    • Failure to fulfil regional demand: Punjabi political parties, such as the Sikh Akali Party, failed to fulfil the regional demands concerning river waters and the transfer of Chandigarh as a capital city to Punjab. The devolution of power gave rise to Bhindranwale’s image among the masses.
    • Finally Military Operation: The military mission, OBS, was carried out between June 1 to June 10, 1984, to take control of key gurdwaras, including the Golden Temple in Amritsar, from Bhindranwale’s supporters. Bhindranwale was killed during the operation; however, in recent times, his image remains alive and well.

    Why is it being revived?

    • Political instability: Punjab in recent years has witnessed a political crisis leading to a change in governments, ruling political parties and CM’s giving chance for radical outfits to grow.
    • Economic challenges: Punjab state has a high employment rate (According to data from the Centre’s Periodic Labour Force Survey 2019-20, Punjab’s unemployment rate is higher than the national average). Also, the year-long Farmers’ protest in 2021 and railways blockades have led to the creation of negative sentiments among investors about the state’s investment environment leading to decreasing investments in Punjab and rising unemployment.
    • Rising communalism: multiple events of blasphemy have taken place in the state which is flaming the fire of communalism among the people of the state.
    • Provocation from Pakistan: Investigations by security agencies suggest links between Khalistani groups and Pakistan’s Inter-Services Intelligence (ISI) – further increasing the likelihood of feelings of separatism due to drug trafficking and networking through Sikh pilgrimages.
    • Feeling to of persecuted minority: images of the 1984 anti-sikh riots and the topic of the non-persecution of culprits of the riots are being used to suggest that Sikhs are persecuted minority and thus they must have their own land in form of Khalistan.

    Cause of concern

    • Threat to national security and integrity: the resurgence of the Khalistan movement is a threat to national security similar to the Kashmir and NE insurgency.
    • May darken Punjab’s future: a poor law and order situation may deter investors to invest in Punjab thus further deteriorating its economy and leading to spillover effects in social and political sectors.
    • Involvement of diaspora: The idea of forming a separate state for Sikhs has died down in Punjab; however, it has attracted the attention of a large audience in the diaspora who now have settled in other nations for long and thus have lost their affinity with India as their homeland.
    • Misuse of social media: which defies any international boundary, thus misused by separatists in Pakistan and other nations.
    • Bilateral relations may be harmed: the Khalistan issue has already harmed Indo- Canada relations and now straining Indo-UK due to the conduction of Referendum 2020 in these countries despite the Indian Government’s objection.

    Avoiding Misreading of Sentiments

    • Wider perspective: Treating all that is happening now as evidence of a foreign conspiracy instead of facing up to the reality that this may be more than a mere emotional outburst of the Sikh extremist fringe is a grave mistake.
    • Finding the real cause: Blaming the current violence on the drug mafia with links to Pakistan can at best be a proximate, but not the real cause.

    Confronting the Threat

    • Innovative ways: India needs to find ways and means to defeat the ‘siren call’ of radical extremists of every hue, whether they be Khalistanis or other kinds of extremists.
    • Ensure balance and sense of unity: It needs to steer between the extremes of the right and left and ensure a greater sense of unity within the country, according to individual dignity and human progress, and demonstrating leadership in the comity of nations.

    Way ahead

    • The resurgence of Sikh extremism and the growing insecurity among Sikh youth and discontent prevailing among the Sikh peasantry needs to be addressed to prevent a repeat of the violent events that took place in the late 1970s to the 1990s.
    • Intelligence analysis should be prioritized to detect the signs of growing insecurity and discontent.
    • There is need for good intelligence to deal with the situation.

    Conclusion

    • India should not yield to the temptation of resorting to hard measures without understanding the true causes and join the ranks of nations that solely believe in strong-arm methods. India needs to effectively confront the threat posed by radical extremists, such as the Khalistan Liberation Force (KLF) and the Sikhs for Justice (SFJ), while respecting liberal values and ensuring unity within the country.

  • AFSPA Further Lifted Form Northeast: Positive Development

    Central Idea

    • The Centre’s decision to lift the Armed Forces (Special Powers) Act, 1958 from more police station limits in Assam, Manipur, and Nagaland is a positive development that sends a message of hope to the region. While insurgency has necessitated the imposition of AFSPA in the past, the prevalence of violence in the region has been on the decline, and the government’s peace negotiations with rebel groups have borne fruit.

    What is Armed Forces (Special Powers) Act, (AFSPA )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 a warrant; enter or search premises without a warrant; and ban the possession of firearms.

    What are the Special Powers?

    • 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;
    • Power to destroy structures: used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
    • Power to arrest: Without warrant and to use force for the purpose;
    • Power to enter and search premises: without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    Reason for the decision

    • Improved security: The decision was taken due to a significant improvement in the security situation in Northeast India.
    • Decrease in Violence: The prevalence of insurgencies in almost all states in the Northeast may arguably have necessitated the imposition of AFSPA in the past. Statistics suggest that violence in the region has been on the decline. The MHA cited a reduction of 76% in extremist incidents, 90% decrease in deaths of security personnel and a 97% decrease in civilian deaths since 2014.
    • Negotiations with Rebel Groups: The government has negotiated peace with rebel groups in the region, including NSCN-IM, Ulfa, Bodo, and Dimasa groups, with some success.
    • Peace accords: The Mizo rebels, who signed a peace accord in 1986, joined electoral politics and won office. The Tripura government successfully negotiated with the insurgency and got AFSPA removed in 2015. The government must continue to engage with rebel groups to maintain peace in the region.

    Conclusion

    • The Centre’s decision to withdraw AFSPA in an incremental manner is a positive development for the region, and the government must continue to reduce its dependence on AFSPA to impose its writ. The Northeast’s stability is critical, especially with unrest in Myanmar, and the government must make judicious choices to balance regional and ethnic identity assertion with nationalism.
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  • Internet Shutdowns in India: A Growing Concern

    Central Idea

    • Earlier this month, the Punjab government suspended mobile internet and SMS services for more than four days as it launched an operation to arrest a pro-Khalistani preacher. This is not an isolated incident in India, with the country recording the highest number of internet shutdowns in the world.

    Internet shutdowns in the world

    • India has recorded the highest number of internet shutdowns in the world.
    • Such shutdowns are never or almost never implemented in most parts of Europe, North and South America, and Oceania, while they are rampant in Africa and Asia.

    State-wise Instances of Internet Shutdowns

    • Punjab: The Software Freedom Law Center has recorded eight such shutdowns in Punjab alone.
    • Southern states: Southern states, on the other hand, have only recorded six such shutdowns in the same period, with no instance of internet shutdown in Kerala.
    • Northern states: Jammu and Kashmir, Rajasthan, and Uttar Pradesh have recorded the highest number of internet shutdowns in India.

    Absence of Centralised Data

    • Absence of data: The Central government does not collate data on internet shutdowns imposed by state governments, which was strongly recommended by the Standing Committee on Communications and Information Technology.
    • Standing Committee on Communications and Information Technology: The Committee came down heavily on the use of internet shutdowns as a substitute for enforcing law and order and wanted the reasons, duration, decision of the competent authority and of the review committees to be noted for every internet shutdown, and for the information to be made public.

    Need for Internet Shutdowns

    • Civil unrest: Internet serves as a medium for the transmission of information through pictures, videos and text that have the potential to cause civil unrest and exacerbate the law and order.
    • Fake news: Shutdowns in order to block the flow of information about government actions or to end communication among activists and prevent the spread of rumors and fake news.
    • Rumors: Shutdown helps prevent the “spreading of rumors and misinformation using social media platforms which can hinder peace and law and order”.
    • Preventive Response: Cutting off the Internet is both an early and preventive response to block restive groups to organize riots against the Government.
    • National Interest: The Internet cannot be independent of national sovereignty. Therefore, the necessary regulation of the internet is a reasonable choice of sovereign countries based on national interests.

    Costs of Internet Shutdowns

    • Education: Shutdowns also impact education, as students and teachers are unable to access online learning materials and tools. This can lead to a disruption of education and a negative impact on academic performance.
    • For instance: A UN report noted that in Kashmir, long-standing restrictions on connectivity undermined the education of students relying on remote education,
    • Economy: Businesses that rely on the internet to operate may suffer significant financial losses during shutdowns. This is particularly true for online retailers, e-commerce platforms, and other digital service providers.
    • For instance: A 2018 paper estimated that India lost around $3 billion between 2012 and 2017 due to shutdowns.
    • Health: The internet plays a critical role in disseminating health information and enabling telemedicine. Shutdowns can make it difficult for people to access vital health information or receive medical care.
    • Communication: Internet shutdowns severely limit people’s ability to communicate with one another, both within the affected region and with the rest of the world. This can make it difficult to coordinate protests or other forms of social and political activism, as well as to stay in touch with friends and family members.
    • Human rights: Internet shutdowns violate people’s human rights, including freedom of expression and access to information. They can also hinder the ability of journalists and activists to report on human rights abuses.
    • Politics: Shutdowns can be used to suppress political opposition and prevent dissent. This is particularly true during elections or times of political unrest, where the government may seek to limit the spread of information that could be used against them.

    Mains Question

    Q. What are the reasons behind the high number of internet shutdowns in India also discuss socio economic impact of such shutdowns.

    Conclusion

    • Internet shutdowns in India are a growing concern, with a significant impact on education, healthcare, and the economy. However, the government has no mechanism to assess the socioeconomic impact of internet shutdowns. It is also important to consider the principle of proportionality and the socioeconomic impact of such shutdowns while enforcing law and order.
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  • AFSPA further reduced in Assam, Manipur and Nagaland: MHA

    afspa

     

    Central idea: Home Minister recently announced the decision to reduce the Disturbed Areas under the Armed Forces (Special Powers) Act (AFSPA) in Nagaland, Assam, and Manipur.

    Reason for the decision

    • Improved security: The decision was taken due to a significant improvement in the security situation in Northeast India.
    • Decrease in Violence: The prevalence of insurgencies in almost all states in the Northeast may arguably have necessitated the imposition of AFSPA in the past. Statistics suggest that violence in the region has been on the decline. The MHA cited a reduction of 76% in extremist incidents, 90% decrease in deaths of security personnel and a 97% decrease in civilian deaths since 2014.
    • Negotiations with Rebel Groups: The government has negotiated peace with rebel groups in the region, including NSCN-IM, Ulfa, Bodo, and Dimasa groups, with some success.
    • Peace accords: The Mizo rebels, who signed a peace accord in 1986, joined electoral politics and won office. The Tripura government successfully negotiated with the insurgency and got AFSPA removed in 2015. The government must continue to engage with rebel groups to maintain peace in the region.

    What is 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 a warrant; enter or search premises without a warrant; and ban the possession of firearms.

    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.

    What are the Special Powers?

    • 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;
    • Power to destroy structures: used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
    • Power to arrest: without warrant and to use force for the purpose;
    • Power to enter and search premises: without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    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.

    Issues with AFSPA

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • 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.
    • 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.

    Recommendations to repeal AFSPA

    • 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.
    • ARC II: The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.

    Voices for repeal

    • Human rights violations: The repeal of AFSPA is necessary not just for restoring constitutional sanity, but also as a way of acknowledging the dark history of our conduct in Nagaland.
    • Need for ensuring individual dignity: The political incorporation of Nagaland (and all other areas where this law applies) will be set back if the guarantees of the individual dignity of the Indian Constitution are not extended.
    • Not state of exception: We often describe AFSPA in terms of a “state of exception”. But this theoretical term is misleading. How can a law that has been in virtually continuous existence since 1958 be described as an “exception”.
    • Lack of human empathy: At the heart of AFSPA is a profound mutilation of human empathy.

    Conclusion

    • To bring in lasting peace in the North East, the government needs to avoid the trap of watered-down peace accords.
    • While the move to withdraw AFSPA is welcome, it needs to be gradually erased.
    • For that, changes in the ground situation would be crucial. Mere smoke signals or drum-beating can never do the job.

     

     

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  • Membership of a banned outfit is a crime under UAPA: SC

    uapa

    The Supreme Court has overturned its previous judgments and ruled that a person who “is or continues to be” even a “mere member” of a banned organisation is liable to be found criminally liable under the Unlawful Activities Prevention Act (UAPA) for acting against the sovereignty and integrity of India.

    Why in news?

    • The Supreme Court’s earlier ruling maintained the restraints stitched into Article 19(4) on the right of citizens to form associations and unions.

    What has changed with this judgment?

    • Possession of literature or expression of sympathy to the cause without any real involvement in the crime can be counted as evidence of “membership” if the threshold is lower and does not require actual involvement.

    What is Unlawful (Activities) Prevention Act (UAPA)?

    • The UAPA is aimed at effective prevention of unlawful activities associations in India.
    • Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
    • It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
    • It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
    • Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.

    What are Unlawful Activities and Associations?

    • The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
    • Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
    • The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”

    (1) Unlawful Activites

    • Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
    1. Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
    2. Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
    3. which causes or is intended to cause Disaffection against India;
    • Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.

    (2) Unlawful Association

    The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–

    1. which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
    2. which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity

    Cases registered under UAPA

    • During 2015 to 2020, 5,924 cases were registered and 8,371 persons arrested.
    • The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.

    Why UAPA is often criticized?

    • Draconian: The provision of extended detention without trial, lack of transparency in the process, and limited scope for judicial intervention have also been criticized.
    • Community targeting: The law has been used to suppress dissent, target minorities, and stifle freedom of speech and expression.
    • Vague definitions: Critics argue that the broad definition of “unlawful activities” in the law is vague and can be used to target anyone who opposes the government or its policies.

    Reported abuse of UAPA

    • The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
    • It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
    • The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
    • This is far less to figure of the success of having UAPA.

    Issues with UAPA

    • Burden of proof:With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
    • No interim bail:As a consequence of UAPA being applied, the accused cannot even get bail.
    • Traitor branding:This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
    • Fake and framed cases:In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.

    Impact of the recent ruling

    • The ruling is expected to have significant implications for individuals associated with banned organisations in India.
    • It is likely that there will be more cases of individuals being charged for their membership of a banned organisation.
    • While the court clarified that persons who had left the organisation and were not members at the time it was declared unlawful, cannot be held liable under Section 10(a)(i) of the UAPA/

    Conclusion

    • This judgment is a significant step towards preventing unlawful activities and protecting the sovereignty and integrity of India.
    • While the ruling has been praised by the government, civil rights advocates have raised concerns about the implications of this judgment on fundamental rights.
    • It remains to be seen how this ruling will be applied and enforced in practice.