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Subject: Internal Security

  • Report on Abuse of UAPA

    The People’s Union for Civil Liberties (PUCL) has released a report titled “UAPA: criminalizing dissent and state terror” on the alleged abuse of the legislation between 2009 and 2022, and demanded that the law be repealed.

    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Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.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

    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.

    Cases registered under UAPA

    • During the check period, 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.

    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.

    Key recommendations of the report

    • The report has sought:
    1. Repeal of the NIA Act and disbanding of the agency
    2. Release of all political prisoners (also who are on bail) and
    3. Action to provide reparations for those wrongfully accused and released by Courts

     

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  • MHA bans PFI for five years under UAPA

    The Union Home Ministry has declared the Popular Front of India (PFI) and its front organizations as an “unlawful association” under the Unlawful Activities (Prevention) Act (UAPA).

    PFI under the Unlawful (Activities) Prevention Act (UAPA)

    • The UAPA is aimed at the effective prevention of unlawful activity 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 organization 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 organization as a terrorist organization if it believes that the organization 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

    Reading the ban on PFI

    • At present, the MHA notification published has said that the PFI and its affiliated organisations are being notified as “Unlawful Associations” with immediate effect.
    • The charges against PFI are-
    1. Pursuing a secret agenda to radicalize a particular section of society
    2. Working towards undermining the concept of democracy and
    3. Showing sheer disrespect towards the constitutional authority and constitutional set up of the country
    4. Gathering funds and ideological support from outside the country
    5. Money laundering

    Immediate trigger for PFI’s ban

    • The PFI is accused of engaging in violent and barbaric acts.
    • Criminal violent acts carried out by PFI include chopping off the limb of a college professor, cold-blooded killings of persons associated with organisations espousing other faiths.
    • It has been allegedly involved in obtaining explosives to target prominent people and places and destruction of public property.

    What does the ‘ban’ mean?

    • The notification means that the membership of, support or financing to the PFI and the allied banned organizations, is now ILLEGAL.
    • Any person who is a member of these organisations can face arrest, and joining membership of these organisations is a criminal offence.
    • The government can also seize the properties, bank accounts and offices connected to these organisations.

     

     

  • Carl-Gustaf M4 to be produced in India

    gustaf

    Swedish defense major SAAB announced plans to manufacture its Carl-Gustaf M4 weapon system in India.

    What is the Carl-Gustaf M4?

    • The Carl-Gustaf recoilless rifle is a man-portable, multi-role weapon system that allows dismounted soldiers to effectively deal with multiple challenges on the modern battlefield.
    • A proven performer in battle, the Carl-Gustaf M4 is said to be adaptable and flexible.
    • The Indian Army has been using the iconic Carl-Gustaf since 1976 and currently operates the Mk2 and Mk3 versions.

    Key features of Carl-Gustaf M4

    • Lightweight, robust, reliable, effective and easy to use
    • Tactical flexibility through a wide range of ammunition
    • Combat proven system
    • Ammunition: Anti-armour, anti-structure, anti-personnel, support

    Why in news?

    • In recent years, the Indian government has taken several steps to boost the defense manufacturing sector under the ‘Make in India’ and ‘Atmanirbhar Bharat’

     

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  • Nationwide Crackdown on PFI

    pfi

    The National Investigation Agency (NIA) has launched a massive nationwide search operation in connection with anti-terror activities linked to the Popular Front of India-PFI.

    What is the Popular Front of India (PFI)?

    • The PFI was created in 2007 through the merger of three radicalists organisations in southern India, the National Democratic Front in Kerala, the Karnataka Forum for Dignity, and the Manitha Neethi Pasarai in Tamil Nadu.
    • A decision to bring the three outfits together was taken in November 2006 at a meeting in Kozhikode in Kerala.
    • The formation of the PFI was formally announced at a rally in Bengaluru during what was called the “Empower India Conference” on February 16, 2007.

    Agenda of the PFI

    • The PFI has projected itself as an organisation that fights for the rights of minorities, Dalits, and marginalised communities.
    • It has frequently targeted the alleged anti-people policies of the State even as these mainstream parties have accused one another of being in cahoots with the PFI to gather the support of Muslims at the time of elections.
    • The PFI has itself never contested elections.

    Parallel organizations to PFI

    • In 2009, a political outfit named Social Democratic Party of India (SDPI) evolved out of the PFI, with the aim of taking up the political issues of Muslims, Dalits, and other marginalised communities.
    • The SDPI’s stated goal is advancement and uniform development of all the citizenry including Muslims, Dalits, Backward Classes and Adivasis and to share power fairly among all the citizens.
    • The PFI is a key provider of ground workers for the SDPI’s political activities.

    Why is PFI under crackdown?

    (1) Links to terror outfits

    • Many volunteers of PFI are allegedly involved in terror funding, organising training camps, and radicalising people to join proscribed organisations.
    • It has been involved in carrying out social and Islamic religious work among Muslims on the lines of the work done by right-wing groups.
    • The PFI does not maintain records of its members, and it has been difficult for law enforcement agencies to pin crimes on the organisation after making arrests.

    (2) Promoting Radicalization

    • The outfit is hostile to the consolidation across the country and the rise of a single non-secular party as the nation’s pre-eminent political and ideological force.
    • The post-2014 political landscape and the self-alienation of minorities has further pushed sections of the community towards groups like the PFI.
    • The outfit is also said to have a large number of supporters in Gulf countries who contribute handsomely to its kitty, something which is under the scanner of investigating agencies.

    (3) Hostility against state mechanism

    • Starting out as an organisation primarily rooted in Kerala, Karnataka and Tamil Nadu, the PFI has spread its wings far and wide, with a presence in at least 18 states.
    • It has found particularly fertile ground in parts of Uttar Pradesh and Assam.
    • Authorities have accused the outfit of instigating and funding protests against the CAA and the National Register of Citizens.

    (4) Barbarism in the name of religion

    • The PFI has had the most visible presence in Kerala, where it has been repeatedly accused of murder, rioting, intimidation, and having links with terrorist organisations.
    • The Kerala government affidavit said PFI activists were involved in 27 cases of MURDER, mostly of CPM and RSS cadres, and that the motives were highly communal.

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  • Left wing extremism

    mao

    The Maoist movement is on the ebb on the Andhra Pradesh-Odisha boundary, with its cadre and militia strength heavily depleted.

    Who are the Maoists?

    • Maoism is a form of communism developed by Mao Zedong.
    • It is a doctrine to capture State power through a combination of armed insurgency, mass mobilization and strategic alliances.
    • The Maoists also use propaganda and disinformation against State institutions as other components of their insurgency doctrine.

    Maoists and Maoism in India

    • The Communist Party of India (Maoist) is a Marxist–Leninist–Maoist banned communist political party and militant organization in India.
    • It aims to overthrow the “semi-colonial and semi-feudal Indian state” through people’s war.

    Confused between Maoists and Naxalities?

    • Usually, people confuse themselves over Maoists and Naxalities and cannot exactly trace the difference between the two terminologies.
    • Media seems to be confused with the terms and uses Maoists and Naxalities quite inter-changeably.
    • This creates confusion in the readers’ minds over the actual meaning of individual terms.

    The actual difference between the terms is as follows:

    • The difference between Maoists struggle and the Naxalite movement is that both trace their origin to the Naxalbari uprising of 1967.
    • But while the Naxalite movement thrives on the original spirit of Naxalbari; the Maoist struggle is an outcome of the 1967 uprising.
    • Maoists work with an agenda and use weapons to achieve their aims.
    • Naxalism focuses on mass organisations while the Maoism relies mainly on arms.

    History and evolution

    • Russian Revolution: Naxalism in India, like any other leftist movement around the globe draws its ideological basis from the Russian revolution.
    • Overthrowing Tsarist Regime: Lenin successfully fought against the Czarist Rule through a combination of peasant movement and an armed struggle.
    • Marxian ideology of class struggle: The prime intent was to bestow power in the hands of the exploited and marginalized and enforce societal control over governance and nation building.
    • Neo-Marxism: After the success of the Lenin-led revolution in Russia, the intellectual class in many countries got inspired. Prominent amongst them were Fidel Castro and Mao Zedong.

    Root cause of origin in India

    • Corporate exploitation: Since Eastern India is rich in natural resources including forests, minerals and mines, tribal face exploitation and harassment from government and corporate bodies targeting to extract those resources.
    • Tribal alienation: Tribal communities have been systematically alienated from their traditional rights over natural resources after independence.
    • Livelihood losses: Tribal livelihood is at stake due to depletion of natural resource base.
    • Forceful displacement: Forceful displacement from their homeland destroys their traditional governance system.
    • Absence of governance: In such exploited areas, the absence of governance becomes a self-fulfilling prophecy since the delivery systems are extinguished through killings and intimidation.
    • Foreign provocations: Many of LWE outfits are supported by external forces inimical to India and the Maoists consider such alliances as strategic assets.

    Other factors:

    1. Oppression and HR violations by Security Forces e.g. AFSPA
    2. Violation of Constitutional Protections under PESA and FRA
    3. Prevalence of Acute Poverty

    Impact of LWE

    • Romanticism without a cause: Some sections of the society, especially the younger generation, have romantic illusions about the Maoists, arising out of an incomplete understanding of their ideology of Class –Struggle.
    • Extreme violence: Their doctrine glorifies violence as the primary means to overwhelm the existing socio-economic and political structures.
    • Destruction of governance mechanism: LWEs aims at creating a vacuum at the grassroots level of the existing governance structures by killing lower-level government officials, police personnel of the local police stations and the people’s representatives of the PRIs.
    • Radicalization of youths: After creating a political and governance vacuum, they coerce the local population to join the movement.
    • Urban-Maoism: Many extremists have facilitated mass-mobilization in semi-urban and urban areas through ostensibly democratic means often led by well-educated intellectuals.

    Outcomes of perpetrating LWE

    The Leftist organizations skilfully use state structures and legal processes to further the Maoist agenda and weaken the enforcement regime through:

    1. Recruitment of ‘professional revolutionaries’
    2. Raising funds for the insurgency
    3. Creating urban shelters for underground cadres
    4. Providing legal assistance to arrested cadres and
    5. Mass- mobilization by agitating over issues of relevance/ convenience

    Govt initiatives for LWE-affected areas

    • Aspirational Districts: The MHA has been tasked with the monitoring of the Aspirational districts programme in 35 LWE affected districts.
    • HRD measures: Building of schools under the Eklavya model.
    • Road Connectivity Project for LWE affected areas (RRP-II): This aims for improving road connectivity in LWE affected States. Under this, 9279 km of roads and 392 bridges are sanctioned.
    • Naxal Surrender Policy: It aims to wean away misguided youth and hardcore naxalites who have strayed into the fold of the naxal movement and cannot find a way back.
    • National Policy Action Plan: To address Left Wing Extremism approved in 2015, has development as one of the most important component.

    SAMADHAN doctrine: It encompasses the entire strategy of government from short-term policy to long-term policy formulated at different levels. SAMADHAN stands for-

    • S- Smart Leadership
    • A- Aggressive Strategy
    • M- Motivation and Training
    • A- Actionable Intelligence
    • D- Dashboard Based KPIs (Key Performance Indicators) and KRAs (Key Result Areas)
    • H- Harnessing Technology
    • A- Action plan for each Theatre
    • N- No access to Financing

    Way forward

    • Indian counterinsurgency has to work with a dual objective of defeating the insurgents militarily and fully quell the insurgent impulses.
    • This will need institutional overhauls.
    • States must do more to synergize their efforts by launching coordinated operations, thereby denying Maoists any space for manoeuvrability.
    • On parallel grounds, it is also important to segregate the population from the insurgents both operationally and ideologically.
    • The conflict over the distribution of resources can be mended with economic development.

     

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  • China blocks listing of Lashkar ‘commander’ Sajid Mir at UNSC

    1267 list

    For the third time in three months, China blocked a joint India-US attempt to put a Pakistan-based terrorist on the UN Security Council’s 1267 list.

    What is the UNSC 1267 list?

    • The UNSC resolution 1267 was adopted unanimously on 15 October 1999.
    • It came to force in 1999, and strengthened after the September, 2001 attacks.
    • It is now known as the Da’esh and Al Qaeda Sanctions Committee.

    What is UNSC 1267 committee?

    • It comprises all permanent and non-permanent members of the United Nations Security Council (UNSC).
    • The 1267 list of terrorists is a global list, with a UNSC stamp.
    • It is one of the most important and active UN subsidiary bodies working on efforts to combat terrorism, particularly in relation to Al Qaeda and the Islamic State group.
    • It discusses UN efforts to limit the movement of terrorists, especially those related to travel bans, the freezing of assets and arms embargoes for terrorism.

    How is the listing done?

    (1) Submission of Proposal

    • Any member state can submit a proposal for listing an individual, group, or entity.
    • The proposal must include acts or activities indicating the proposed individual/group/entity had participated in the financing, planning, facilitating, preparing, or perpetrating of acts or activities linked to the said organizations.

    (2) Actual decision

    • Decisions on listing and de-listing are adopted by consensus.
    • The proposal is sent to all the members, and if no member objects within five working days, the proposal is adopted.
    • An “objection” means rejection for the proposal.

    (3) Putting and resolving ‘Technical Holds’

    • Any member of the Committee may also put a “technical hold” on the proposal and ask for more information from the proposing member state.
    • During this time, other members may also place their own holds.
    • The matter remains on the “pending” list of the Committee.
    • Pending issues must be resolved in six months, but the member state that has placed the hold may ask for an additional three months.
    • At the end of this period, if an objection is not placed, the matter is considered approved.

    Why is India furious this time?

    • Recently PM Modi and Xi Jinping attended the Shanghai Cooperation Organisation (SCO) summit in Samarkand.
    • The grouping had agreed to take strong and consolidated action against terrorism in the region.
    • Despite this, China has exposed its double standards on the issue of terrorism for consistently stopping the listing of Pakistan-based terrorists.
    • This is again very surprising movement by China by putting a ‘Technical Hold’.

    Here is a timeline of how China disrupts the global efforts against terrorism:

    • 2009: After the 26/11 Mumbai attacks, India moved an independent terror designation proposal against Masood Azhar but China blocked the move.
    • 2016: After seven years, India proposes listing of Masood Azhar as a global terrorist and is supported by the US, the UK and France. China blocks the move again.
    • 2017: The trio moves a third proposal only to be blocked by China again.
    • 2019: After the attacks on the CRPF personnel in J-K’s Pulwama, India calls 25 envoys of different countries to highlight the role Islamabad plays in funding, promoting and strengthening global terrorism. India moves the fourth proposal demanding Masood Azhar’s listing. China lifted its technical hold.
    • June 2022: China blocked a proposal by India and the US to list Pakistan-based terrorist Abdul Rehman Makki as a ‘Global Terrorist’
    • August 2022: China blocks India-US joint proposal to list Jaish-e-Mohammad (JeM) deputy chief Abdul Rauf Azhar as UNSC designated terrorist.

    Conclusion

    • China’s actions expose its double speak and double standards when it comes to the international community’s shared battle against terrorism.
    • This clearly depicts its care for its vassal state Pakistan.

    Back2Basics: United Nations Security Council

    • The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
    • Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
    • It is the only UN body with the authority to issue binding resolutions to member states.
    • The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
    • These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
    • The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.

     

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  • [pib] Indian Navy participates in Exercise Kakadu hosted by Australia

    INS Satpura and a P8 I Maritime Patrol Aircraft of the Indian Navy reached Darwin in Australia on for participation in the multinational Exercise Kakadu – 2022, hosted by the Royal Australian Navy.

    Exercise KAKADU

    • Exercise KAKADU, which started in 1993, is the premier multilateral regional maritime engagement exercise hosted by the Royal Australian Navy (RAN) and supported by the Australian Air Force.
    • The exercise is held biennially in Darwin and the Northern Australian Exercise Areas (NAXA).
    • It derives its name from Kakadu National Park, which is a protected area in the northern territory of Australia, 171 km south-east of Darwin
    • During the exercise, professional exchanges in harbour and diverse range of activities at sea, including complex surface, sub-surface and air operations would enable sharing of best practices and honing of operational skills.

    India’s presence at the exercise

    • Indian Navy’s participation in KAKADU provides an excellent opportunity to engage with regional partners and undertake multinational maritime activities ranging from constabulary operations to high-end maritime warfare in a combined environment
    • It is aimed at enhancing interoperability and developing of common understanding of procedures for maritime operations gaining importance with the Indo-Pacific narrative.

    Also read:

    [Prelims Spotlight] Important Submarines and Naval Ships

     

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  • Exercise Vostok-22

    Russia is holding Vostok exercises. However, India has only sent its army contingent of the 7/8 Gorkha Rifles, and will not take part in the maritime section of the two-part event.

    Vostok-2022

    • It is an annual, multilateral, strategic and command exercise hosted by Russia.
    • This year it will see the participation of more than 50,000 troops from 13 countries such as India, China, Algeria, India, Laos, Mongolia, Nicaragua, Syria and many more.
    • While the exercises in Vostok-2022 are routine, they are the first such multilateral exercises to be held since the Russian war in Ukraine began.

    Why in news now?

    • India has only sent its army contingent and will not take part in the maritime section of the two-part event.
    • This is because the maritime part of the exercises would be held in the Sea of Okhotsk and the Sea of Japan.
    • These are near the disputed South Kuril Islands.
    • India’s decision not to take part in the naval exercises is believed to be in deference to Tokyo’s sensitivities.

    What does India’s participation mean?

    By sending an army contingent to join Russian and Chinese troops in the exercises at this time, New Delhi is aiming to send a four-pronged message:

    1. Continuing relationship with Russia despite the Ukraine war: The Modi government has decided not to join the Western sanctions regime, or to curb oil imports and other economic engagement with Moscow.
    2. Signal balance and non-alignment in the current crisis: India has mostly abstained from votes at the United Nations seeking to criticise Russia.
    3. India also takes part in routine Indo-Pacific exercises: This is with its Western partners including the Quad, as well as in bilateral exercises, like the India-US Ex. Yudh Abhyas.
    4. Willingness to conditional engagement with China: The message the government continues to give is that it is willing to engage with China on a number of fronts, even as military talks at LAC (Line of Actual Control) remain stuck.

    Conclusion

    • There might be some discomfort for Indian soldiers in dealing with their counterparts at a time when they are facing each other off along the LAC.
    • But that’s a small price to pay if it means keeping India-Russia ties on an even keel.
    • India needs to start communicating its intent better.
    • Strategic communication is an art. It’s time to master it.

     

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  • Cybercrime in India

    cybercrimeContext

    • There has been a steady spike in cases of cybercrime in the last five years.

    What is a cybercrime?

    • Cybercrime is any criminal activity that involves a computer, networked device or a network. While most cybercrimes are carried out in order to generate profit for the cybercriminals, some cybercrimes are carried out against computers or devices directly to damage or disable them.

    What data states?

    • India reported 52,974 cases of cybercrime in 2021, an increase of over 5 per cent from 2020 (50,035 cases) and over 15 per cent from 2019 (44,735 cases), according to latest government data.

    How many cyber criminals are caught in India?

    In 2020, over 18.4 thousand people were arrested on account of cyber-crimes across India.

    Who is responsible for cyber security centre or state?

    • With ‘police’ and ‘public order’ being in the State List, the primary obligation to check crime and create the necessary cyberinfrastructure lies with States.
    • At the same time, with the IT Act and major laws being central legislations, the central government is no less responsible to evolve uniform statutory procedures for the enforcement agencies.

    cybercrimeStatus of cyber investigation

    • There is no separate procedural code for the investigation of cyber or computer-related offences.
    • As electronic evidence is entirely different in nature when compared with evidence of traditional crime, laying down standard and uniform procedures to deal with electronic evidence is essential.

    What are general guidelines for cyber investigation?

    • The broad ‘guidelines for the identification, collection, acquisition and preservation of digital evidence’ are given in the Indian Standard IS/ISO/ IEC 27037: 2012, issued by the Bureau of Indian Standards (BIS).
    • This document is fairly comprehensive and easy to comprehend for both the first responder (who could be an authorised and trained police officer of a police station) as well as the specialist (who has specialised knowledge, skills and the abilities to handle a wide range of technical issues).
    • The guidelines, if followed meticulously, may ensure that electronic evidence is neither tampered with nor subject to spoliation during investigation.

    cybercrime
    What is the meaning of digital evidence or electronic evidence?

    • Digital evidence is information stored or transmitted in binary form that may be relied on in court. It can be found on a computer hard drive, a mobile phone, among other places. Digital evidence is commonly associated with electronic crime, or e-crime, such as child pornography or credit card fraud.

    Arjun Khotkar vs Kailash Gorantyal Judgement

    • The Court held that a certificate under Section 65B(4) of the Indian Evidence (IE) Act was a mandatory pre-requisite for the admissibility of (secondary) electronic record if the original record could not be produced.

    What is Indian evidence act?

    • The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.

    Judicial activism for cyber security

    • A significant attempt has been made by the higher judiciary in this field also. As resolved in the Conference of the Chief Justices of the High Court in April 2016, a five judge committee was constituted in July 2018 to frame the draft rules which could serve as a model for the reception of digital evidence by courts.
    • The committee, after extensive deliberations with experts, the police and investigation agencies, finalised its report in November 2018, but the suggested Draft Rules for the Reception, Retrieval, Authentication and Preservation of Electronic Records are yet to be given a statutory force.

    What needs to be done?

    • Upgrade cyber labs: The cyber forensic laboratories of States must be upgraded with the advent of new technologies.
    • Digital rupee: Offences related to cryptocurrency remain under-reported as the capacity to solve such crimes remains limited. The central government has proposed launching a digital rupee using block-chain technology soon.
    • Empowering states: State enforcement agencies need to be ready for new technologies. The Centre helps in upgrading the State laboratories by providing modernisation funds, though the corpus has gradually shrunk over the years.
    • Need for localisation of data: Most cybercrimes are trans-national in nature with extra-territorial jurisdiction. The collection of evidence from foreign territories is not only a difficult but also a tardy process.

    Conclusion

    • Centre and States must not only work in tandem and frame statutory guidelines to facilitate investigation of cybercrime but also need to commit sufficient funds to develop much-awaited and required cyber infrastructure.

    Mains question

    Q.With the increasing use of computers in society, cybercrime has become a major issue. Analyse the loopholes in cyber security regime of India by giving suggestions to rectify the same.

     

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  • AFSPA

    AFSPAContext

    • While AFSPA is repealed in 28 districts in Assam, 7 districts in Nagaland and 6 in Manipur, NSF president Kegwayhun Tep said that it should be repealed in all Northeastern states .

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

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    AFSPAWhat 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.

    AFSPAIssues 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.
    • Sexual Misconduct by Armed Forces: The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012. It observed that- in conflict zones, legal protection for women was neglected.
    • 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.

    Why AFSPA should be repealed?

    • Human right violations: The repeal of AFSPA is necessary not just for restoring constitutional sanity, but also as a way of acknowledging 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 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.

    Mains question

    Q. Do you think AFSPA is license to kill? Critically examine the utility of AFSPA today.

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