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Subject: Internal Security

  • 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.

     

     

     

  • [pib] Exercise Konkan, 2023

    Ex Konkan, the annual bilateral maritime exercise between the Indian Navy and the Royal Navy, was recently held off the Konkan coast in the Arabian Sea.

    Exercise Konkan 2023

    • Konkan exercise is the annual bilateral maritime exercise between the Indian Navy and the UK’s Royal Navy.
    • INS Trishul, a guided missile frigate, and HMS Lancaster, a Type 23 guided missile frigate, participated in this edition.
    • They undertook multiple maritime drills to enhance interoperability between the two forces and imbibe best practices.
    • The exercises covered all domains of maritime operations, air, surface, and sub-surface.
    • It included gunnery shoots on the surface inflatable target ‘Killer Tomato’, helicopter operations, anti-air, and anti-submarine warfare drills, Visit Board Search and Seizure (VBSS), ship maneuvers, and exchange of personnel.
    • The exercise will help the Indian Navy and Royal Navy work together to improve maritime security and maintain a rules-based order in the region.

     

     

     

  • What is the National Security Act, 1980?

    Punjab Advocate General has confirmed the invocation of National Security Act (NSA) to Amritpal Singh’s case.

    National Security Act, 1980

    • The NSA was passed by the Parliament in 1980 and has been amended several times since then.
    • It empowers the state to detain a person without a formal charge and without trial.
    • It is invoked when a person is taken into custody to prevent them from acting in any manner prejudicial to “the security of the state” or for “maintenance of the public order”.
    • It is an administrative order passed either by the Divisional Commissioner or the District Magistrate.

    Grounds for detention under NSA

    • NSA can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
    • Among others, it can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supply and services essential to the community.
    • An individual can be detained without a charge for a maximum period of 12 months.
    • The detained person can be held for 10 to 12 days in special circumstances without being told the charges against them.

    Protection available under the Act

    • One crucial procedural safeguard under the NSA is granted under Article 22(5).
    • All the detained persons have the right to make an effective representation before an independent advisory board.
    • The board is chaired by a member who is, or has been, a judge of a high court.
    • The DM who passes the detention order is protected under the Act and no prosecution or any legal proceeding can be initiated against the official who carries out the orders.

    Cases for misuse

    • The Supreme Court in earlier cases had held that to prevent “misuse of this potentially dangerous power, the law of preventive detention has to be strictly construed”.
    • “Meticulous compliance with the procedural safeguards” has to be ensured.

    Criticism of NSA

    • Human rights groups have said in the past that the Act vitiates Article 22 of the Constitution and various provisions under the CrPC that safeguard the interest of an arrested person.
    • Under the CrPC, the arrested person has to be produced before the nearest Magistrate within 24 hours, but the NSA carves out an exception.
    • Some human rights groups argue that it is often misused by authorities to silence political opponents or those who are critical of the government.
    • There have been calls for the Act to be repealed or amended to prevent its abuse.
    • However, there is an opposing view that the Act cannot be construed to be a draconian law as it protects the larger interest of the state and is therefore likely to stay.

    Try this MCQ:

    Which of the following is a true statement about the National Security Act, 1980?

    A) The Act allows preventive detention only for specific violations of the law.

    B) The detained person has the right to move a bail application before a criminal court.

    C) A person can be detained under the Act only if he/she has been charged with a crime.

    D) The Act can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.

     

    [wpdiscuz-feedback id=”htwrua4s2w” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Paramilitary Forces: Addressing Concerns and Demands

    Paramilitary

    Central Idea

    • Last month, India observed the day of remembrance for the Pulwama attack that took place on February 14, 2019, which resulted in the death of 40 Central Reserve Police Force (CRPF) personnel. The lesson learned is that there is an urgent need to address the grievances of paramilitary forces in terms of training, morale, and parity with regular armed forces to ensure the effectiveness of these forces in maintaining internal security.

    Background

    • The Forgotten Dantewada Attack: An earlier attack on April 6, 2010, in which 76 CRPF personnel were killed by left-wing extremists in Dantewada, has faded away from public attention despite being the deadliest attack on security forces in any counter-insurgency or anti-terrorist operations in independent India.
    • The Pulwama attack: The attack on February 14, 2019, claimed the lives of 40 personnel of the Central Reserve Police Force (CRPF), India’s largest paramilitary force. The Pulwama attack resulted in an unprecedented public outcry and evoked emotional responses across all sections of society. It is important to remember this incident to prevent a repeat in the future.

    Paramilitary

    Central Reserve Police Force (CRPF)

    • Motto: “Service and Loyalty”
    • Logo: The CRPF logo features a crossed rifle and a light machine gun over a map of India, with a laurel wreath and the words “Central Reserve Police Force” written in both Hindi and English. The crossed rifles and the light machine gun represent the CRPF’s role in maintaining internal security, while the map of India signifies its national duty.
    • Establishment: CRPF is the largest Central Armed Police Force of India. It was established in 1939 as the Crown Representative’s Police (CRP) to assist British rulers in managing unrest and law and order issues. After India gained independence in 1947, it became the Central Reserve Police Force.
    • Responsibility: The CRPF is primarily responsible for maintaining internal security, counter-terrorism operations, and assisting the state police in maintaining law and order. It also assists in disaster management and protects vital installations.
    • Personnel and deployment: With more than 300,000 personnel, the CRPF is one of the most significant components of India’s internal security apparatus. It operates in a variety of environments, including urban, jungle, and mountainous terrain. The CRPF has also been deployed in international peacekeeping operations, such as in Haiti, Sudan, and Congo.

    Challenges Faced by Paramilitary Forces

    • Security threats: Paramilitary forces are often deployed in areas where there are security threats such as terrorist attacks, insurgencies, and border conflicts. These threats pose a significant risk to the lives of the personnel, and they have to be constantly vigilant to prevent any untoward incidents.
    • Pay and benefits: The Indian Army personnel receive higher pay, better benefits, and retirement benefits compared to paramilitary forces. The Indian Army also has a well-established pension system, while paramilitary forces have a Contributory Pension Scheme (CPS).
    • Inadequate infrastructure: These forces often operate in remote areas with inadequate infrastructure, including basic facilities such as food, water, and shelter. This makes it challenging for the personnel to carry out their duties effectively, especially during long deployments.
    • Inadequate training: Proper training is essential for paramilitary personnel to carry out their duties effectively. However, due to budget constraints and a lack of resources, training is often inadequate, which can lead to inefficiencies and mistakes during operations.
    • De-induction of Army: The deinduction of the Indian Army from certain areas has led to the CRPF (Central Reserve Police Force) and other paramilitary forces being tasked with carrying out hard duties, leading to overstretched personnel and compromised training.
    • Stress and mental health: The nature of the job is often stressful, and paramilitary personnel are frequently exposed to traumatic situations that can have long-term effects on their mental health. Unfortunately, mental health resources are often limited, and the stigma surrounding mental health issues can prevent personnel from seeking help.
    • Lack of modern equipment: Paramilitary forces require modern equipment and weapons to carry out their duties effectively. However, due to budget constraints and bureaucratic red tape, acquiring such equipment is often delayed, which puts the personnel at risk.

    Paramilitary

    Need for Parity and Better Treatment

    • Armed Forces of the union category: The Delhi High Court order of December 2022 that recognised the paramilitary as a force under the category of ‘Armed Forces of the union’ and underscores the need to address the genuine grievances of the paramilitary personnel.
    • Service facilities: The paramilitary force faces discrimination in matters ranging from pension to service facilities.
    • Old pension scheme: Former personnel and their families have demanded the old pension scheme for serving members of the paramilitary force.
    • Training: The training and morale of paramilitary personnel must be taken care of to maintain optimum performance and effectiveness.

    Paramilitary

    Other key paramilitary and special forces in India

    • National Security Guard (NSG): NSG is a federal contingency force tasked with counter-terrorism and special operations. It was established in 1984 and operates under the Ministry of Home Affairs.
    • Border Security Force (BSF): BSF is a border guarding force responsible for guarding India’s land borders during peace time and preventing trans-border crimes. It was established in 1965 and operates under the Ministry of Home Affairs.
    • Sashastra Seema Bal (SSB): SSB is a border guarding force tasked with guarding India’s borders with Nepal and Bhutan. It was established in 1963 and operates under the Ministry of Home Affairs.
    • Indo-Tibetan Border Police (ITBP): ITBP is a specialized mountain force responsible for guarding India’s borders with China. It was established in 1962 and operates under the Ministry of Home Affairs.
    • Assam Rifles: Assam Rifles is a paramilitary force responsible for maintaining law and order in the northeast region of India. It was established in 1835 and operates under the Ministry of Home Affairs.

    Conclusion

    • The observance of Pulwama day should serve as a reminder to avoid a repeat of the tragedy and calls for analysing the lessons learnt and taking corrective measures. It is important to listen to the genuine grievances of the paramilitary personnel to maintain their morale and enhance the security environment of the nation.

    Mains Question

    Q. Discuss the challenges faced by paramilitary forces In India? What needs to be done to maintain their morale and to ensure the effectiveness of these forces in maintaining internal security?

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  • India remains biggest Arms Importer during 2018-22: SIPRI

    arm

    Central idea

    • India is the world’s largest arms importer for the five-year period during 2018-22, according to Stockholm International Peace Research Institute (SIPRI).
    • However, India’s arms imports have dropped by 11% between 2013–17 and 2018–22.

    Top Arms Suppliers to India

    arm

    • Russia was the largest supplier of arms to India in both 2013–17 and 2018–22.
    • France emerged as the second largest supplier from 2018-22, and its share of total Indian arms imports increased significantly.
    • Among the top 10 arms exporters for the period 2018-22, India was the biggest arms export market to three countries — Russia, France and Israel and the second-largest export market to South Korea.
    • India was also the third largest market for South Africa, which was ranked 21 in the list of arms exporters.

    Arms import by Country

    • For the same period, India remained the largest arms importer followed by Saudi Arabia.
    • Russia accounted for 45% of India’s imports followed by France (29%) and the US (11%).
    • India was the third largest arms supplier to Myanmar after Russia and China, accounting for 14% of its imports.

    Reasons for India’s Arms Imports

    • Complexities with neighborhood: “India’s tensions with Pakistan and China largely drive its demand for arms imports. With an 11% share of total global arms imports, India was the world’s biggest importer of major arms in 2018–22,” says SIPRI.
    • Procurement bottlenecks: India’s slow and complex arms procurement process, efforts to diversify its arms suppliers, and attempts to replace imports with major arms that are designed and produced domestically have contributed to the decrease in arms imports.

    Russia’s position as India’s Main Arms Supplier

    • India diversifying its imports: Russia’s position as India’s main arms supplier is under pressure due to strong competition from other supplier states.
    • Self-arming for ongoing war: This is due to increased Indian arms production, and constraints on Russia’s arms exports related to its invasion of Ukraine.

    Global Arms Transfers

    • Arms imports by Pakistan increased by 14% between 2013–17 and 2018–22 and accounted for 3.7% of the global total with China supplying 77% of Pakistan’s arms imports in 2018–22.
    • While the global level of international arms transfers decreased by 5.1%, imports of major arms by European states increased by 47% between 2013–17 and 2018–22 in the backdrop of the war in Ukraine.
    • The U.S. share of global arms exports increased from 33% to 40% while Russia’s fell from 22% to 16%.

    What we can conclude from this?

    • Security concerns: India has long-standing tensions with neighboring countries such as Pakistan and China, which have led to security concerns and a perceived need for a strong military.
    • Slow and complex procurement process: India’s procurement process for arms is often slow and complex, leading to delays in acquiring weapons and equipment. This has resulted in India relying on imports to meet its defense needs.
    • Lack of domestic production: India’s domestic arms production capabilities are still limited, which makes it difficult for the country to produce high-tech weapons and equipment. This has forced India to rely on imports to meet its defense requirements.
    • Diversification of suppliers: While Russia has been the traditional supplier of arms to India, in recent years India has been diversifying its sources of weapons and equipment to countries such as France, Israel, and the United States.
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  • [pib] Exercise Cobra Warrior

    IAF contingent comprising to participate in Exercise Cobra Warrior at the Waddington Air Force Base of the Royal Air Force in the United Kingdom.

    Exercise Cobra Warrior

    • Cobra Warrior is a multinational military exercise that takes place annually in the United Kingdom.
    • It is designed to improve the readiness and interoperability of the Royal Air Force and allied air forces for joint combat operations.
    • The exercise brings together military units from different countries, including NATO allies and partner nations, to practice and enhance their air combat capabilities.
    • During the exercise, the participating air forces conduct a series of realistic training scenarios that simulate air-to-air combat, air-to-ground attacks, and other mission types.
    • The aim is to provide pilots and ground crews with realistic training experiences to help prepare them for real-world combat situations.

     

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  • SC raps govt on plea on ED chief’s term

    ed

    The Supreme Court has sharply reacted over tenure extensions granted to Enforcement Directorate Director by the government to subvert ongoing investigations against their leaders.

    What is Enforcement Directorate (ED)?

    • ED was formed in 1957 to look into cases of foreign exchange-related violations, a civil provision.
    • It goes back to May 1, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs.
    • Now, the ED falls under the finance ministry’s Department of Revenue.
    • But in 2002, after the introduction of the PMLA, it started taking up cases of financial fraud and money laundering, which were of criminal nature.
    • It was then tasked for handling Exchange Control Laws violations under the Foreign Exchange Regulation Act (FERA).
    • Today, it is a multi-dimensional organisation investigating economic offences under the:
    1. Prevention of Money Laundering Act (PMLA)
    2. Fugitive Economic Offenders Act
    3. Foreign Exchange Management Act
    4. Foreign Exchange Regulation Act (FERA)

    Its establishment

    • When proceeds of crime (property/money) are generated, the best way to save that money is by parking it somewhere, so one is not answerable to anyone in the country.
    • Therefore, there was a need to control and prevent the laundering of money.
    • The PMLA was brought in for this exact reason in 2002, but was enacted only in 2005.
    • The objective was to prevent parking of the money outside India and to trace out the layering and the trail of money.
    • So as per the Act, the ED got its power to investigate under Sections 48 (authorities under act) and 49 (appointment and powers of authorities and other officers).

    At what stage does the ED step in when a crime is committed?

    • Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED.
    • Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it has been filed directly by police officials.
    • This will be done to find out if any laundering has taken place.

    What differentiates the probe between the local police and officers of the ED?

    Case study:

    • If a theft has been committed in a nationalised bank, the local police station will first investigate the crime.
    • If it is learnt that the founder of the bank took all the money and kept it in his house, without being spent or used, then the crime is only theft and the ED won’t interfere because the amount has already been seized.
    • But if the amount which has been stolen is used after four years to purchase some properties, then the ill-gotten money is brought back in the market.
    • Or if the money is given to someone else to buy properties in different parts of the country, then there is ‘laundering’ of money.
    • Hence the ED will need to step in and look into the layering and attachment of properties to recover the money.
    • If jewellery costing ₹1 crore is stolen, police officers will investigate the theft. The ED, however, will attach assets of the accused to recover the amount of ₹1 crore.

    Roles and functions of the ED

    • Summon, Search and seizure: The ED carries out search (property) and seizure (money/documents) after it has decided that the money has been laundered, under Section 16 (power of survey) and Section 17 (search and seizure) of the PMLA.
    • Arrest and detentions: On the basis of that, the authorities will decide if an arrest is needed as per Section 19 (power of arrest).
    • Attachment of property: Under Section 50, the ED can also directly carry out search and seizure without calling the person for questioning. It is not necessary to summon the person first and then start with the search and seizure.
    • Filing of chargesheet: If the person is arrested, the ED gets 60 days to file the prosecution complaint (chargesheet) as the punishment under PMLA doesn’t go beyond seven years.

    Centrestage of our debate: Over-reach by Investigation Agencies

    Why is ED comes to pictures frequently?

    Ans. Money laundering

    • Money laundering is the process of making significant amounts of money obtained through criminal activities, such as drug trafficking or terrorist funding, appear to have come from a legitimate source.
    • As a result, it provides an incentive for money launderers to “legitimize” their ill-gotten gains through money laundering.
    • The money generated is referred to as ‘dirty money,’ and money laundering is the act of converting ‘dirty money’ into ‘legitimate’ money.

    Why ED mostly grips Politicians?

    • Exposing rampant corruption: It is not always ironic to say that most politicians are never corrupt. We have a very inglorious past of political corruption.
    • Selective witch-hunt: The ED has often been attacked for initiating investigations, raiding and questioning leaders of opposition parties, be it under the current regime or under past governments.

    Issues with PMLA

    • Misuse of central agencies: PMLA is being pulled into the investigation of even ordinary crimes by the Enforcement Directorate.
    • Seizing of assets: Assets of genuine victims have been attached. The ED could just walk into anybody’s house.
    • Politically motivated raids: In all this, the fundamental purpose of PMLA to investigate the conversion of “illegitimate money into legitimate money” was lost.
    • Opacity of charges: Petitioners pointed out that even the Enforcement Case Information Report (ECIR) – an equivalent of the FIR – is considered an “internal document” and not given to the accused.
    • Vagueness over evidence: The accused is called upon to make statements that are treated as admissible in evidence.
    • Harassment: The ED begins to summon accused persons and seeks details of all their financial transactions and of their family members.
    • Against individual liberty: The initiation of an investigation by the ED has consequences that have the potential of curtailing the liberty of an individual.

    Allegations against ED

    • Huge discretions: The ED is the only Central agency in the country that does not require permission from the government to summon or prosecute politicians or government functionaries for committing economic offences like money laundering.
    • Used for petty crimes: PMLA is pulled into the investigation of even “ordinary” crimes and assets of genuine victims have been attached.
    • Actual purpose denigrated: PMLA was a comprehensive penal statute to counter the threat of money laundering, specifically stemming from the trade in narcotics.
    • Violations of Rights: PMLA was enacted in response to India’s global commitment to combat the menace of money laundering. Instead, rights have been “cribbed, cabined and confined”.
    • Functional opacity: There is also a lack of clarity about ED’s selection of cases to investigate. We often see ED raiding houses of opposition parties suddenly.
    • Poor rate of conviction: We have hardly read the conclusion of cases by ED. Meantime media-trial tears off the accused person’s credibility which is the most desired intent.
    • Under-trials and slower prosecution: ED has been focusing on keeping the accused in custody rather than actually proving the charges against them.

    Challenges to ED

    • ED being dragged to court: The petitions against the ED had the effect of slowing down the investigations, as officers have to defend themselves in court.
    • Foul crying politicians: There are attempts to cover up unexplained, high-value transactions that fall within the PMLA’s ambit
    • Investigation of foreign transactions: Getting information on accounts and money stashed abroad to establish a trail is the biggest challenge they face.

    Way forward

    • The fight against corruption is intimately linked with the reform of the investigations.
    • Therefore the adjudicating authorities must work in cooperation and ensure the highest standards of transparency and fairness.
    • ED has been walking a tightrope to safeguard its integrity by speeding up investigations and court procedures.
    • The need of the hour could be systemic fixes—and not shrill calls to throw the baby out with the bathwater.
    • It is unlikely that corruption can be substantially reduced without modifying the way government agencies operate.

     

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  • Cyberattacks: India’s Opportunity To Conceptualize Global Cyber Security Framework

    Cyberattacks

    Central Idea

    • The past few weeks have highlighted the soft underbelly of our fast-expanding digital networks. Ransomwares have emerged as the most predominant of malicious cyberattacks. Here, the perpetrators demand hefty payments for the release of withheld data. Data show that over 75% of Indian organisations have faced such attacks, with each breach costing an average of ₹35 crore of damage.

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    Two recent ransomware attacks

    1. Ransomware attack on AIIMS: The first was the ransomware attack on the servers of India’s premium institute, the All-India Institute of Medical Sciences. Nearly 40 million health records were compromised and it took over two weeks for the systems to be brought online.
    2. BlackCat breached Solar Industries Ltd.: Soon afterwards, a ransomware gang, BlackCat, breached the parent company of Solar Industries Limited, one of the Ministry of Defence’s ammunition and explosives manufacturers, and extracted over 2 Terabyte of data.

    Cyberattacks

    What is mean by Cyber-attack?

    • Cyberattacks are unwelcome attempts to steal, expose, alter, disable or destroy information through unauthorized access to computer systems.
    • These attacks can target various entities such as governments, businesses, organizations, or individuals, and can have serious consequences such as theft of sensitive information, financial loss, reputational damage, or disruption of critical services.

    Who is behind cyberattacks?

    • Criminal organizations, state actors and private persons can launch cyberattacks against enterprises. One way to classify cyberattack risks is by outsider versus insider threats.
    1. Outsider threats: External cyber threats include; Organized criminals or criminal groups Professional hackers, like state-sponsored actors, Amateur hackers, like hacktivists
    2. Insider threats: Insider threats are users who have authorized and legitimate access to a company’s assets and abuse them either deliberately or accidentally. They include, Employees careless of security policies and procedures, Disgruntled current or former employees, Business partners, clients, contractors or suppliers with system access

    Growing vulnerability

    • There are malwares that could infect all kinds of computer systems: With the lines between the physical and digital realms blurring rapidly, every critical infrastructure, from transportation, power and banking systems, would become extremely vulnerable to the assaults from hostile state and non-state actors.
    • For instance; Cyber capabilities are also playing a pivotal role: As seen in the ongoing conflict in Ukraine, where electronic systems in warheads, radars and communication devices have reportedly been rendered ineffective using hacking and GPS jamming.
    • Cyber security breaches would only increase: With the introduction of 5G and the arrival of quantum computing, the potency of malicious software, and avenues for digital security breaches would only increase.
    • For instance: This year, cybercrimes are expected to cause damage worth an estimated $8 trillion worldwide.

    India’s cybersecurity architecture

    • CERT-In: In 2022, the Indian Computer Emergency Response Team (CERT-In), which is India’s cybersecurity agency, introduced a set of guidelines for organisations to comply with when connected to the digital realm. This included the mandatory obligation to report cyberattack incidents within hours of identifying them, and designating a pointsperson with domain knowledge to interact with CERT-In.
    • Draft Digital Personal Protection Bill, 2022: India’s draft Digital Personal Protection Bill 2022 proposes a penalty of up to ₹500 crore for data breaches.
    • Defence Cyber Agency (DCyA): Recently, India’s armed forces created a Defence Cyber Agency, capable of offensive and defensive manoeuvres. All Indian States have their own cyber command and control centres.
    • Cybercrime Co-ordination centre: The Indian Cybercrime Co-ordination Centre (I4C) established by the Ministry of Home Affairs, acts as a nodal point in the response against cybercrime by coordinating with state police forces across the country. It also co-ordinates the implementation of mutual legal assistance treaties (MLAT) with other countries.

    Have you heard about “Bluebugging”?

    • It is a form of hacking that lets attackers access a device through its discoverable Bluetooth connection.
    • Once a device or phone is blue-bugged, a hacker can listen to the calls, read and send messages and steal and modify contacts.
    • It started out as a threat for laptops with Bluetooth capability. Later hackers used the technique to target mobile phones and other devices.

    Limitations In India’s cybersecurity infrastructure

    • Lack of tools to identify: Most organisations lack the tools to identify cyberattacks, let alone prevent them.
    • Scarcity of cybersecurity professional: India also faces an acute scarcity of cybersecurity professionals. India is projected to have a total workforce of around 3,00,000 people in this sector in contrast to the 1.2 million people in the United States.
    • Private sector participation is limited: Most of our organizations are in the private sector, and their participation remains limited in India’s cybersecurity structures.

    Global understanding is essential

    • International cooperation is critical: With most cyberattacks originating from beyond our borders, international cooperation would be critical to keep our digital space secure. It would also be a cause which would find resonance abroad.
    • Cybersecurity treaties: India has already signed cybersecurity treaties, where the countries include the United States, Russia, the United Kingdom, South Korea and the European Union.
    • Multinational frameworks are there but there is no truly global framework: Even in multinational frameworks such as the Quad and the I2U2 (which India is a member of) there are efforts to enhance cooperation in cyber incident responses, technology collaboration, capacity building, and in the improvement of cyber resilience. Yet, there is no truly global framework, with many operating in silos.
    • UNGA established two processes on ICT: The United Nations General Assembly establish two processes on the issues of security in the information and communication technologies (ICT) environment.
    • The Open-ended Working Group (OEWG), comprising the entire UN membership, established through a resolution by Russia.
    • The other is the resolution by the U.S., on the continuation of the Group of Governmental Experts (GGE), comprising 25 countries from all the major regions.
    • Differ vastly on many aspects of Internet: The two antagonistic permanent members of the UN Security Council, counted among India’s most important strategic partners, differ vastly on many aspects of the Internet, including openness, restrictions on data flow, and digital sovereignty. Amidst the turbulent current world events, these UN groups would struggle to have effective dialogues.

    Conclusion

    • The G-20 summit this year in India, which will see participation by all the stakeholders driving the global levers of power, is a rare opportunity to bring together domestic and international engagement groups across the spectrum, and steer the direction of these consultations. India could make an effort to conceptualize a global framework of common minimum acceptance for cybersecurity. This would be one of the most significant contributions made by any nation towards collective security in modern times.

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  • An Overview : UAPA and The Concerns

    UAPA

    Central Idea

    • India’s anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), has been misused and turned into a tool of terror. There are two examples of this misuse in recent times. In 2021, Muhammad Manan Dar, a young Kashmiri photojournalist, was arrested and imprisoned for documenting the daily lives of common Kashmiris with his camera. A year earlier, another journalist, Sidheeque Kappan, was charged with participating in a plot to ignite rioting in Hathras, Uttar Pradesh.

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    Unlawful (Activities) Prevention Act (UAPA)

    • Background: The Unlawful Activities (Prevention) Act is an anti-terrorism law in India that was first introduced in 1967.
    • Purpose: The purpose of UAPA is to prevent unlawful activities that threaten the sovereignty and integrity of India.
    • Amendments: UAPA has undergone several revisions since its introduction, with each revision making the law more stringent. 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.
    • Provisions: UAPA provides for the designation of individuals and organizations as “terrorists” and allows for their arrest and detention without trial for up to 180 days.
    • Criticisms: UAPA has been criticized for being used to stifle dissent and suppress political opposition. Critics argue that the law is vague and overbroad, allowing for its misuse and abuse.

    What is Terrorist and Disruptive Activities (Prevention) Act (TADA)?

    • Overview: TADA was an anti-terrorism law in India and enacted in 1985 and was in force until 1995. It was enacted to strengthen the legal framework to deal with terrorist activities in India.
    • Provisions: TADA provided for the detention of suspects without trial for up to 180 days. It also allowed the setting up of special courts to conduct trials in cases related to terrorism and provided for the admissibility of confession made to a police officer. TADA also made certain activities punishable as terrorist acts, including illegal arms trade, financing terrorism, and disrupting the sovereignty of India.
    • Criticism: TADA was also criticized for its vague and broad definition of terrorism, which allowed for the targeting of political dissidents.
    • Repeal: TADA was allowed to lapse in 1995 after it was deemed to be incompatible with the Indian Constitution and the principles of democracy and the rule of law. The law was replaced with the Prevention of Terrorism Act (POTA) in 2002, which was also criticized for its draconian provisions and misuse by law enforcement agencies.

    What is Prevention of Terrorism Act 2004 (POTA)?

    • Objective: To provide the government with legal tools to combat terrorism and punish those who support or engage in terrorist activities.
    • Key Provisions: Broad powers to investigate and prosecute individuals suspected of terrorism-related activities. Power to detain suspects for up to 180 days without charge. Use of confessions made to police officers as evidence in court
    • Criticism: Potential for misuse and infringement on civil liberties. Could be used to target religious and ethnic minorities. Could be used to silence political dissent
    • Repealed: 2004 by the United Progressive Alliance government, citing concerns about misuse and potential for human rights abuses.
    • Replacement: Some provisions of POTA were incorporated into the Unlawful Activities Prevention Act (UAPA), which remains in force in India today.

    Worrying statistics

    • UAPA has one of the worst records for prosecution success.
    • According to a PUCL report in 2022, less than 3 per cent of arrests made under the UAPA resulted in convictions between 2015 and 2020.
    • Only 1,080 of the 4,690 people detained under the UAPA between 2018 and 2020 received bail, according to the report.
    • Unlike TADA and POTA, UAPA has never been constitutionally reviewed. Its repeated abuse is a blot on our democracy.

    UAPA

    Some of the key concerns regarding the UAPA

    • Misuse: The UAPA has been criticized for being misused by authorities to target human rights defenders, activists, and dissenters. Critics argue that the act has been used to stifle free speech and to quell any form of peaceful protests.
    • Lack of accountability: The UAPA allows for the designation of an individual or organization as a terrorist entity, without providing adequate means for challenge or appeal, which many argue is against the principles of natural justice.
    • Vagueness: The definitions of “terrorist acts” under the UAPA are broad and vague, and can be interpreted in a way that infringes on the freedom of speech and assembly, leading to the potential for misuse.
    • Restrictions on bail: The UAPA has provisions that make it difficult for people charged under the act to obtain bail, as it requires that the accused show that they are not guilty, shifting the burden of proof from the prosecution to the accused.
    • Excessive punishment: The UAPA provides for harsh punishments, including life imprisonment and the death penalty, for offenses related to terrorism, which many argue are disproportionate and infringe on human rights.

    Why UAPA is necessary?

    • Legal tools to investigate: The UAPA provides the government with legal tools to investigate and prosecute individuals and organizations involved in terrorist activities.
    • Special courts to conduct trials: It allows for the setting up of special courts to conduct trials in cases related to terrorism and provides for stringent punishment for offenses related to terrorism. It also allows the government to designate individuals or organizations as terrorist entities and freeze their assets.
    • Necessary measure to maintain sovereignty and integrity: The act is aimed at countering not just terrorism but also other forms of unlawful activities, such as organized crime, money laundering, and trafficking. It is considered to be a necessary measure to maintain the sovereignty and integrity of the nation, and to protect the lives and property of its citizens.
    • To balance national security and civil liberties: It is necessary to strike a balance between national security and protection of civil liberties. The act can be an effective tool in the fight against terrorism, as long as it is implemented in a fair and just manner and its provisions are not misused to stifle legitimate forms of dissent or activism.

    Conclusion

    • Concerns over the UAPA highlight the need for a balanced approach in the fight against terrorism, one that protects national security while also ensuring the protection of fundamental rights and freedoms.

    Mains question

    Q. UAPA is continuously in the headlines from the time of its inception. Discuss the concerns and necessity of such Act.

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