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Subject: Internal Security

  • Understanding the ‘Prisoner’s Dilemma’: A Lesson in Cooperation

    Prisoner's Dilemma

    Central Idea

    • Defence Minister invoked the concept of the “Prisoner’s Dilemma” to emphasize the importance of international collaboration over competing interests.
    • He highlighted the need for countries to find solutions that promote cooperation, trust-building, and risk mitigation in international relations.

    What is the Prisoner’s Dilemma?

    • Game Theory Basis: The Prisoner’s Dilemma is a renowned concept in Game Theory, a scientific branch that studies decision-making in various scenarios.
    • Complex Decision-Making: It illustrates that real-life decisions involve complexity and uncertainty, and outcomes depend on the actions of others.
    • Paradox of Conflict: When applied to international relations, it reveals situations where countries engage in actions, such as arms races, driven by mutual fear and mistrust.

    Prisoner’s Dilemma Scenario

    • Crime Investigation: Imagine two individuals, A and B, facing questioning for a crime without strong evidence.
    • Police Offer: The police offer them a choice:
      1. If one implicates the other, the informant goes free, while the implicated receives a 15-year jail term.
      2. If both stay silent, both serve one year in prison.
      3. If both confess, they each get 10 years.

    Prisoner’s Dilemma Matrix:

    A Stays Silent A Confesses
    B Stays Silent A: 1 year, B: 1 year A: 15 years, B: 0 years
    B Confesses A: 0 years, B: 15 years A: 10 years, B: 10 years

    Dilemma and Decision

    • Optimal Outcome: On the surface, staying silent seems best, resulting in both serving just one year in prison.
    • Uncertainty: However, if one stays silent, they risk a 15-year sentence if the other implicates them.
    • Paradox: To avoid the maximum penalty, confessing becomes the rational choice if trust in the other’s silence is uncertain.
    • Cooperation Ideal: The best outcome lies in cooperation, where both prisoners stay silent, serving only one year.

    Real-Life Applications

    • Business Strategy: Similar dilemmas occur in business, such as price wars between companies selling identical products. Cooperation to maintain sustainable pricing can lead to healthier profits.
    • Geopolitical Agreements: Countries can avoid ruinous arms races and protect their economies by establishing ground rules in geopolitics, fostering cooperation over competition.

  • What is the ‘SIM Swap Scam’ — and how can you protect yourself?

    sim swap scam

    Central Idea

    • In recent years, the SIM swap scam has emerged as a significant threat to individuals’ financial security.
    • This fraudulent scheme exploits the link between physical SIM cards and banking applications, allowing scammers to gain access to victim’s bank accounts and personal information.

    SIM Swap Scam: An Overview

    • Exploiting Technological Advances: The SIM swap scam capitalizes on the integration of banking applications with phone numbers, enabling the generation of OTPs (One-Time Passwords) and the receipt of critical bank-related messages.
    • Acquiring Personal Data: Scammers begin by collecting victims’ personal details, including phone numbers, bank account information, and addresses, often through phishing or vishing (voice phishing) techniques. Phishing involves sending malware-laden links through emails or messages to steal personal data.
    • Forging Victim Identity: Armed with the stolen data, fraudsters visit a mobile operator’s retail outlet, impersonating the victim with forged ID proof. They falsely report the theft of the victim’s SIM card and/or mobile phone. As a result, they obtain a duplicate SIM card. Notably, fraudsters can secure a duplicate SIM even if the original is still functional. All activation messages and information are directed to the scammer rather than the victim.

    Why do victims receive Missed Calls?

    • Strategic Communication: In contrast to typical scams that involve tricking individuals into divulging OTPs and private data during phone calls, the SIM swap scam operates differently.
    • Distraction Tactic: Fraudsters initiate missed calls to their targets, prompting victims to check their phones and potentially ignore network connectivity issues.
    • SIM Exchange Execution: Perpetrators use these missed calls as a diversion while they execute the SIM swap. Once the SIM is swapped, fraudsters gain control over all calls and messages through the victim’s SIM, allowing them to initiate transactions unnoticed.

    How do scammers withdraw money?

    • Phishing Information: After acquiring personal data through phishing attacks, scammers use this information to access bank portals and generate OTPs required for fund withdrawal.
    • OTP Access: Having control over the victim’s SIM card, fraudsters receive all OTPs, enabling them to authenticate transactions and steal money.
    • Data Sources: Accused individuals purchase data from hackers involved in data breaches or from online portals. Data breaches often involve private companies losing vast amounts of customer data.
    • Example: In April, Rentomojo, an electronics and furniture rental company, reported a data breach, acknowledging unauthorized access to customer data due to a cloud misconfiguration.

    Arrests and Challenges

    • Absence of Arrests: Delhi Police has not made any arrests related to the SIM swap scam. The accused effectively evaded capture by discarding duplicate SIMs and operating from multiple locations.
    • Cryptocurrency Conversion: Stolen funds are often converted into cryptocurrency, making tracking Bitcoin or other cryptocurrency transactions impossible due to encryption.

    Protecting Yourself from SIM Swap Fraud

    • Stay Vigilant: Be cautious of vishing or phishing attacks and avoid clicking on suspicious links or sharing sensitive information.
    • Don’t Ignore Missed Calls: Don’t ignore missed calls or switch off your phone, especially if you receive multiple missed calls. Contact your mobile operator immediately if such activity occurs.
    • Regularly Update Passwords: Change bank account passwords regularly for added security.
    • Set Up Alerts: Register for regular SMS and email alerts for banking transactions to stay informed.
    • Report Fraud: In case of fraud, promptly contact your bank authorities to block your account and prevent further fraud.

  • The Controversy Surrounding White Phosphorus Munitions

    What’s the news?

    • Global human rights organizations, Amnesty International and Human Rights Watch, have accused the Israel Defense Forces (IDF) of using white phosphorus munitions in densely populated areas in Gaza and Lebanon.

    Central idea

    • Global human rights organizations, Amnesty International and Human Rights Watch, have accused the Israel Defense Forces (IDF) of using white phosphorus munitions in Gaza and Lebanon, allegedly in violation of International Humanitarian Law (IHL). The use of such munitions in densely populated areas raises serious concerns about civilian safety, though the IDF has vehemently denied these allegations.

    White Phosphorus: A Pyrophoric Substance

    • White phosphorus is categorized as a pyrophoric substance, meaning it spontaneously ignites when exposed to oxygen, emitting intense heat and thick smoke. I
    • It is classified under Pyrophoric solids, category 1 in the Globally Harmonized System of Classification and Labeling of Chemicals, indicating its high level of instability.
    • White phosphorus is also distinguishable by its garlic-like odor.

    What are the military uses of white phosphorus?

    • Smokescreen: White phosphorus is dispersed in artillery shells, bombs, and rockets to create a smokescreen. This smokescreen serves as a visual obscurant, making it difficult for enemy forces to see and target troops or vehicles. It provides cover for troop movements and other tactical operations.
    • Visual Obscurant: In addition to obscuring visibility, the smoke generated by white phosphorus can disrupt the enemy’s ability to use infrared optics and sensors, which are commonly used in guided missile systems.
    • Incendiary Weapon: White phosphorus can also be used as an incendiary weapon, as demonstrated during the second battle of Fallujah in Iraq in 2004.

    How harmful is white phosphorus?

    • Severe Burns: Upon exposure to white phosphorus, it can cause severe burns, often reaching down to the bone. Even burns covering as little as 10 percent of the body can be fatal, according to Human Rights Watch.
    • Respiratory Damage: Inhaling white phosphorus particles or smoke can lead to respiratory damage and harm to internal organs. This inhalation can have long-term health consequences for those exposed.
    • Impaired Mobility: Survivors of white phosphorus burns often experience a lifetime of suffering, including impaired mobility and painful, disfiguring scars.
    • Environmental Damage: Beyond its effects on individuals, white phosphorus can cause extensive environmental damage. It can ignite fires that devastate infrastructure, property, and crops, potentially leading to significant economic and ecological consequences.

    Historical Use of White Phosphorus Munitions

    • White phosphorus munitions have a long history of use, dating back to late 19th-century Irish nationalists.
    • They were extensively used in World War I and have since appeared in various conflicts worldwide, including the Normandy invasion in World War II, the US invasion of Iraq in 2004, and the Nagorno-Karabakh conflict.
    • Most recently, accusations arose regarding Russia’s use of white phosphorus bombs during the invasion of Ukraine.

    Legal status of white phosphorus munitions

    • White phosphorus munitions are not globally banned but are subject to regulation under international humanitarian law (IHL).
    • They are not categorized as chemical weapons because their primary function is based on heat and smoke production rather than inherent toxicity.
    • The legal framework governing their use is the Convention on Conventional Weapons (CCW), specifically Protocol III, which addresses incendiary weapons.
    • While some countries like Palestine and Lebanon have ratified Protocol III and are bound by its regulations, Israel has not ratified it.
    • Protocol III has certain limitations and loopholes. It restricts the use of airdropped incendiary weapons in areas with concentrations of civilians but does not entirely ban ground-launched incendiary weapons in such areas.
    • The protocol’s definition of incendiary weapons includes those primarily designed to set fire to and burn people, potentially excluding multipurpose munitions containing white phosphorus, as they are considered primarily smoking agents.

    Conclusion

    • The controversy surrounding white phosphorus munitions highlights the urgent need for a comprehensive reevaluation of the regulations governing their use in armed conflicts. International Humanitarian Law must evolve to address the potential harm these munitions can inflict on civilians and the environment, ensuring a safer and more just world for all.

  • Comprehensive Nuclear Test Ban Treaty (CTBT): Russia to pull Out

    Central Idea

    • Russia has indicated that it may revoke the ratification of the Comprehensive Nuclear Test Ban Treaty (CTBT).
    • The CTBT, a landmark multilateral agreement, stands at the crossroads of global nuclear security, aiming to curtail nuclear weapons testing and the dangers associated with it.

    Genesis of CTBT:

    • Nuclear Arms Race: The nuclear arms race between the United States and the Soviet Union in the mid-20th century led to over 2,000 nuclear tests between 1945 and 1996.
    • Growing Concern: The international community expressed mounting concerns about the radioactive fallout from these tests and their detrimental effects on health and the environment.

    (A) Early Attempts to Curb Nuclear Testing

    • Limited Nuclear Test-Ban Treaty (LTBT): In 1963, the LTBT prohibited nuclear testing in the atmosphere, outer space, and underwater while permitting underground tests.
    • Threshold Test Ban Treaty (TTBT): In 1974, the TTBT limited nuclear tests that produced yields exceeding 150 kilotons, aiming to reduce the explosive power of new nuclear warheads.

    (B) CTBT Takes Shape

    • Post-Cold War Opportunity: Following the end of the Cold War and the dissolution of the Soviet Union, the United Nations seized the opportunity to negotiate the CTBT.
    • Comprehensive Ban: The CTBT, adopted on September 10, 1996, ushered in a comprehensive ban on all explosive nuclear testing, marking a pivotal moment in nuclear disarmament efforts.
    • China, Egypt, India, Iran, Israel, North Korea, Pakistan, and US: They remain the eight Annex II States whose ratifications are essential for the CTBT’s entry into force, as per the United Nations.

    Impact of CTBT

    • Reducing Nuclear Tests: Since the CTBT’s adoption, there have been only 10 nuclear tests, with notable tests conducted by India, Pakistan, and North Korea, whereas major nuclear powers like the United States, China, France, and Russia refrained from further testing.
    • Outstanding Ratifications: For the CTBT to enter into force, it requires ratification by 44 specific nuclear technology holder countries. Eight crucial nations, including the United States, China, India, and Pakistan, are yet to ratify the treaty, hindering its full implementation.

  • UAPA invoked against Media agency

    Central Idea

    • Allegations against NewsClick: The FIR against NewsClick alleges illegal funding from China, routed through the United States.
    • UAPA Provisions: The FIR invokes various sections of the Unlawful Activities (Prevention) Act (UAPA), with a primary focus on Section 16, which deals with punishment for terrorist acts.

    Understanding UAPA Provisions

    *Section 15 – Definition of “Terrorist Act”

    • Section 15 of the UAPA defines “terrorist act” and prescribes imprisonment for at least five years to life. In cases where the act results in death, the punishment is either death or imprisonment for life.
    • This section encompasses serious and violent acts with the potential to threaten India’s unity, integrity, security, economic security, or sovereignty.
    • It includes actions such as the use of explosives, causing death or damage to property, disruption of essential services, and damaging monetary stability through counterfeiting.

    Other UAPA Provisions Invoked

    • Section 13 – Unlawful Activities: This section deals with unlawful activities and their consequences.
    • Section 17 – Raising Funds for Terrorist Acts: It addresses raising funds for terrorist activities.
    • Section 18 – Conspiracy: This section covers conspiracy related to terrorist acts.
    • Section 22 (C) – Offences by Companies, Trusts: This provision pertains to offenses committed by companies and trusts.
    • IPC Sections Invoked: Additionally, the FIR includes IPC sections 153 A (promoting enmity between different groups) and 120B (criminal conspiracy).

    Understanding the UAPA Framework

    • Unique Criminal Law Framework: The UAPA provides an alternative criminal law framework that differs from the general principles of criminal law.
    • Enhanced State Powers: Compared to the Indian Penal Code (IPC), the UAPA grants the state greater powers.
    • Bail Provisions: The UAPA has stringent conditions for bail and relaxes timelines for the state to file chargesheets.
    • Denying Bail: To deny bail under the UAPA, the court must establish a “prima facie” case against the accused.
    • Prima Facie Definition: In 2019, the Supreme Court defined “prima facie” narrowly, meaning that the court must not analyze evidence or circumstances but must consider the “totality of the case” presented by the state.
    • Section 43D(5): This section specifies that a person accused of an offense under Chapters IV and VI of the UAPA shall not be released on bail or their own bond if the Public Prosecutor hasn’t been heard on the application for release.
    • Court’s Opinion: The court may deny bail if it finds reasonable grounds to believe that the accusation against the accused is prima facie true.

    Conclusion

    • The FIR against NewsClick under the UAPA underscores the seriousness of the allegations and the complex legal framework surrounding such cases.

  • Project Udbhav: Rediscovering India’s Strategic Heritage for Modern Defense

    udbhav

    Central Idea

    • The Indian Army has launched Project Udbhav, an initiative aimed at rediscovering the profound heritage of statecraft and strategic thinking from ancient Indian texts.

    Project Udbhav

    • Project Udbhav is conducted in collaboration by Indian Army and the United Service Institution of India, a defense think-tank.
    • The primary goal is to comprehend the depths of indigenous military systems, their evolution, enduring strategies, and the strategic thought processes that have shaped the Indian subcontinent for millennia.
    • It delves into India’s rich historical narratives in the domains of statecraft and strategic thinking.
    • It encompasses indigenous military systems, historical texts, regional texts, kingdoms, thematic studies, and Kautilya Studies.

    Why such move?

    • The initiative underscores the Indian Army’s recognition of India’s ancient wisdom in statecraft, strategy, diplomacy, and warfare.
    • It seeks to establish a connection between historical wisdom and contemporary needs.

    Scholarly Outcomes and Ongoing Research

    • A study to compile Indian stratagems based on ancient texts has been ongoing since 2021.
    • A book listing 75 aphorisms selected from ancient texts has already been published under the initiative.
    • The first scholarly outcome is the 2022 publication titled “Paramparik Bhartiya Darshan…Ranniti aur Netriyta ke Shashwat Niyam,” which is meant to be read by all ranks of the Indian Army.
    • A recent panel discussion included a dialogue on the study of ancient texts ranging from the 4th century BCE to the 8th century CE, with a specific focus on Kautilya, Kamandaka, and the Kural.

  • Dawn of Passkeys: A Password-Free Future

    passkey

    Central Idea

    • In 1961, MIT computer science professor Fernando Corbato introduced the world to digital passwords, an innovation designed for research purposes. Little did he know the profound societal impact his creation would eventually wield.

    Why discuss this?

    • Passwords have become nearly synonymous with cybersecurity in the 21st century, albeit with an unsavory connotation.
    • Despite efforts to promote robust password practices, “password” and “123456” continue to dominate the list of common passwords, underscoring the pervasive vulnerability of most accounts.

    Passkeys: Need for Change

    • Ineffectiveness of Passwords: The prevailing authentication method, based on passwords, falls short in ensuring adequate security.
    • Big Tech Solution: In response to this predicament, major tech companies propose a solution – passkeys.

    Understanding Passkeys

    • Web Authentication Standard: Passkeys are a security feature built on the WebAuthentication (WebAuthn) standard.
    • Public-Key Cryptography: Passkeys employ public-key cryptography, a potent technique employing a public key (server-side) and a private key (user-side).
    • Authentication Process: When users log in, a challenge is sent to their device, which utilizes the private key to solve it and respond. The server then validates the response with the public key, all without storing any secrets, enhancing security.

    Getting Started with Passkeys

    • Wide Compatibility: Leading tech companies, including Microsoft, Google, and Apple, have collaborated to make passkeys accessible to most recent phones and PCs.
    • Operating Systems: Passkeys are available on iOS 16+, iPadOS 16+, macOS Ventura, Android 9+, Windows 10, and Windows 11.
    • Web Browsers: Passkeys are supported on popular browsers like Chrome, Edge, Safari, and Firefox.

    Creating and Using Passkeys

    • Account Requirement: Users need an account with a provider supporting passkeys, such as Microsoft, Google, or Apple.
    • Activation Process: To enable passkeys, sign in to a compatible app or website, activate the passkey option, and obtain a unique passkey linked to your account and device.
    • Usage: Passkeys can be used with biometrics (e.g., Touch ID, Face ID), QR codes, or device verification.

    Future of Passwords

    • Inevitable Evolution: While passkeys offer notable advantages over traditional passwords in terms of security and user-friendliness, they still face challenges related to compatibility and user adoption.
    • Industry Push: Notably, Google, Apple, and Microsoft are driving the passkey agenda strongly, suggesting that passwords may eventually become obsolete.

    Conclusion

    • A Security Evolution: The emergence of passkeys as an alternative to traditional passwords marks a significant shift in the realm of cybersecurity.
    • Ongoing Transition: As passkeys gain momentum and garner support from tech giants, they may gradually pave the way for a password-free future, promising enhanced security and user convenience in the digital realm.

  • Inside the Digital World of Cookies

    cookies

    Central Idea

    • In the online world, digital cookies hold a significant role, contributing to personalization and user convenience.
    • These unobtrusive lines of code, quietly stored on devices during website visits, shape the online experiences we encounter.

    Understanding How Cookies Work

    • Cookies as Digital Keys: Think of cookies as keys to an exclusive club. Just as a club bouncer recognizes regular patrons, cookies remember your login details on websites, eliminating the need for constant re-authentication.
    • Enhanced Online Shopping: Websites like Amazon leverage cookies to remember your past interactions, offering tailored product recommendations and an intimate shopping experience.
    • Persistent Shopping Carts: Online shopping carts, fueled by cookies, ensure your selections remain intact even after you leave the site, simplifying the checkout process.
    • Personalized Advertising: Platforms like Facebook and Google utilize cookies to track online behaviour, serving ads aligned with your preferences.

    Types of Cookies

    • Session Cookies: Temporary, session cookies function as post-it notes for websites, existing only in your computer’s memory during your browsing session.
    • Persistent Cookies: Comparable to bookmarks, persistent cookies remain on your device after your browsing session, retaining login information and preferences.
    • Secure Cookies: Sent over encrypted connections, secure cookies are employed for sensitive data like login credentials.
    • Third-Party Cookies: Originating from domains other than the visited site, third-party cookies serve tracking and advertising functions, offering both benefits and potential intrusiveness.

    Multifaceted Uses of Cookies

    • Digital ID Cards: Cookies facilitate user authentication, allowing websites to recognize and keep you logged in.
    • Personalization: They remember your preferences, such as language choices and website themes.
    • Persistent Shopping Carts: Items added online remain accessible upon your return.
    • Analytics Data: Cookies enable website owners to gather valuable data about user interactions for improvements and customization.
    • Targeted Advertising: Advertisers employ cookies to display ads aligning with your interests, enhancing online shopping experiences.

    Challenges Associated with Cookies

    • Privacy Concerns: Cookies can track online behaviour, occasionally infringing upon digital privacy.
    • Security Risks: Inadequately secured cookies may expose personal information to cybercriminals.
    • User Consent Era: Privacy regulations necessitate websites to seek user consent before deploying specific cookie types, resulting in pop-ups and prompts.
    • Third-Party Cookie Debates: Concerns about third-party cookies have led web browsers to limit their usage for user privacy protection.
    • Data Deluge: The multitude of cookies can potentially overwhelm your browser, causing a sluggish web experience.

    Conclusion

    • Complex yet Sweet: Cookies enhance online experiences but also bring privacy and security challenges. As the digital landscape evolves, so will the use and regulation of cookies.
    • Analogous to Real Cookies: Just like warm, gooey chocolate chip cookies, digital cookies add a personalized touch to your online adventures, even if they occasionally leave behind a few crumbs.

  • AFSPA Extension in Manipur: A Delicate Balancing Act

    afspa manipur

    Central Idea

    • The Manipur government has announced the extension of the Armed Forces (Special Powers) Act (AFSPA) for another 6 months across the entire state.
    • However, it excludes 19 police stations in seven districts of the Imphal Valley.

    Why such move?

    • Gradual Withdrawal: Since 2022, AFSPA has been progressively withdrawn from the valley districts, primarily inhabited by the Meitei community.
    • Resurgence of Insurgent Groups: There has been a resurgence of insurgent groups, largely operating from Myanmar, advocating for Manipur’s secession from India.
    • Ethnic Violence: Ethnic violence between the Meitei and tribal Kuki communities has claimed at least 175 lives since May 3, making it the deadliest conflict in Manipur since 1999.

    AFSPA History in Manipur

    • Decades of AFSPA: AFSPA has been applicable in Manipur since 1981, impacting both the valley and hill districts.
    • Gradual Withdrawal: The Act’s provisions have been gradually withdrawn from the valley districts over the years, signifying evolving security dynamics.

    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.

  • AFSPA likely to end from Assam

    afspa

    Central Idea: Assam CM has stated that the Armed Forces Special Powers Act (AFSPA) is likely to be completely lifted from the state by the end of the year due to a significant improvement in the law and order situation.

    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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