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Subject: Internal Security

  • When Nehru took Pak to the UN over Kashmir in 1947?

    Finance Minister sought to remind Parliament that it was the country’s first Prime Minister, Jawaharlal Nehru, who internationalized the Kashmir issue by taking it to the United Nations.

    Kashmir at UN

    • The United Nations has played an advisory role in maintaining peace and order in the Kashmir region soon after the independence of India and Pakistan in 1947.
    • India took this matter to the UN Security Council, which passed resolution 39 (1948) and established the United Nations Commission for India and Pakistan (UNCIP) to investigate the issues and mediate between the two countries.
    • Following the cease-fire of hostilities, it also established the United Nations Military Observer Group in India and Pakistan (UNMOGIP) to monitor the cease-fire line.

    Why did Nehru agree to these terms?

    • In December 1947, because the British perhaps suggested Nehru that this matter will not be resolved unless you take it to the UN.
    • British were convinced that an intermediary was needed.
    • Nehru, a loyalist to the British agreed upon the terms laid by Mountbatten.
    • It was Nehru who first put forth the idea of a referendum under the aegis of UN soon after independence.
    • There is evidence to believe Sardar Patel was uncomfortable with Nehru taking the matter to the UN, and thought it was a mistake.

    Issue: Adventurism by Pakistan

    • The discussions in the Security Council on our complaint of aggression by Pakistan in Jammu and Kashmir took a very unfavourable turn.
    • Pakistan then succeeded, with the support of the British and American members creating a western bias against India.
    • Pakistan is misusing this till date paving wave for third-party intervention.
    • It is an issue which should not have gone to a global forum, it is essentially an Indian issue.

    Article 35 of UN Charter

    • There has been some debate on whether India chose the wrong path to approach the UN.
    • In 2019, Home Minister said that had Nehru taken the matter to the UN under Article 51 of the UN Charter, instead of Article 35, the outcome could have been different.
    • India pointed out that J&K had acceded to India, and that the “Government of India considered the giving of this assistance by Pakistan to be an act of aggression against India.
    • Articles 33-38 of the UN Charter occur in Chapter 6, titled “Pacific (peaceful) Settlement of Disputes” :

    These Articles lay out that:

    1. the parties to a dispute that has the potential for endangering international peace and security are not able to resolve the matter through negotiations between them, or by any other peaceful means, or with the help of a “regional agency”
    2. the Security Council may step in, with or without the invitation of one or another of the involved parties, and recommend “appropriate procedures or methods of recommendation”
    3. Article 35 only says that any member of the UN may take a dispute to the Security Council or General Assembly
    4. Article 51, which occurs in Chapter 7, titled “Action With Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression”
    5. It says that a UN member has the inherent right of individual or collective self-defence if attacked

    Issues with the internationalization of Kashmir

    • Kashmir issue no longer remains bilateral; it has thus been internationalized.
    • However, India has been successful in perhaps internationalizing terrorism but not the Kashmir problem.
    • But unwarranted statements against India’s sovereign concerns are increasing these days.

     

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  • [pib] Exercise LAMITIYE 2022

    The 9th Joint Military Exercise LAMITIYE-2022 between the Indian Army and Seychelles Defence Forces (SDF) is being conducted at Seychelles Defence Academy (SDA), Seychelles.

    Exercise LAMITIYE

    • Lamitiye, which in Creole means friendship, is a biennial training event being conducted in Seychelles since 2001.
    • This year, it will feature a range of complex military drills, demonstrations and discussions, officials said.
    • The objective of the joint training exercise is to build and promote bilateral military relations in addition to exchanging skills, experiences and good practices between both the armies.
    • Both sides will jointly train, plan and execute a series of well-developed tactical drills for neutralization of likely threats that may be encountered in a semi-urban environment.
    • The exercise will also witness showcasing of new-generation equipment and technology for conducting joint operations.

    Significance of the exercise

    • LAMITIYE is crucial and significant in terms of security challenges faced by both nations in the backdrop of the current global situation and growing security concerns in the Indian Ocean region.

    Tap to read more about:

    Various Defence Exercises in News

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  • Indigenisation in defence technologies, manufacturing will ensure India’s strategic autonomy

    Context

    Given its successive abstentions during votes on Ukraine in the UN Security Council and elsewhere, New Delhi has attracted criticism and even reproach from many quarters. While India’s abstentions may be hard to justify on moral grounds, they are certainly rooted in “realpolitik”.

    Reasons for India’s stance

    • There is irrefutable logic in the argument that safeguarding the source of 60-70 per cent of its military hardware constitutes a prime national interest for India.
    • Any interruption in the supply of Russian arms or spares could have a devastating impact on our defence posture vis-Ă -vis the China-Pak axis.
    • Even after diversification of sources, India remains trapped in the Russian bear’s jaws, jeopardising the credibility of its “strategic autonomy”. 

    Implications of India’s position

    • The stance adopted by India has placed it amongst a minority of nations, alongside China and Pakistan.
    • Seen widely as pro-Russian, this posture is likely to affect India’s international standing and bears reflection.

    Suggestion

    • The answers to India’s agonising dilemma lie in two drastic imperatives, which must receive the closest attention of decision-makers. They are:
    • The “de-Russification of the armed forces” and the genuine “indigenisation of India’s defence technological and industrial base (DTIB)”.
    • Russia’s military-industrial complex, in oligarch hands, has been struggling against inefficiency, poor quality control and deficient customer support.
    •  It is time to initiate a process of progressive “de-Russification” of Indian armed forces; not to switch sources, but of becoming self-reliant.
    • It may be uplifting to see battle-tanks, warships and jet-fighters held up as examples of self-reliance, but what is never mentioned is that vital sub-systems like engines, guns, missiles, radars, fire-control computers, gear-boxes and transmission are either imported or assembled under foreign licences.
    • Atmanirbhart requires selective identification of vital military technologies in which we are deficient and demands the initiation of well-funded, time-bound, mission-mode projects to develop (or acquire) the “know-how” as well as “know-why” of these technologies.

    Conclusion

    Having failed for 75 years after independence to attain a degree of self-reliance in military hardware that would have undergirded our “strategic autonomy,” it is time for India to zero in on the reasons why we have failed, where peer-nations like China, South Korea, Israel, Taiwan and even Singapore have succeeded spectacularly.

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  • Indian missile misfires into Pakistan

    India has acknowledged a malfunction led to accidental firing of a missile, which Pakistan says landed in its territory.

    Conducting Missile Tests: NOTAM and NAVAREA Warnings

    • Under the pre-notification of flight testing of ballistic missiles agreement signed in 2005, a country must provide the other an advance notification on flight test it intends to take for any land or sea launched, surface-to-surface ballistic missile.
    • Before the test, the country must issue Notice to Air Missions (NOTAM) or Navigational Warning (NAVAREA) to alert aviation pilots and seafarers, respectively.
    • Also, the testing country must ensure that the launch site is not within 40 km, and the planned impact area is not within 75 km of either the International Boundary (IB) or the Line of Control (LoC).
    • The planned trajectory should not cross the IB or the LoC and must maintain a horizontal distance of at least 40 km from the border.

    Pre-notifications to the neighbours

    • The testing country must notify the other nation “no less than three days in advance of the commencement of a five day launch window within which it intends to undertake flight tests.
    • The pre-notification has to be conveyed through the respective Foreign Offices and the High Commissions, as per the format annexed to this Agreement.

    What is the recent case of misfire?

    • Neither country has spelt this out; Pakistan has only called it a “supersonic” missile.
    • Some experts have speculated that it was a test of one of India’s top missiles, BrahMos, jointly developed with Russia.
    • Their assessment is based on information that it travelled 200 km, manoeuvred mid-air and travelled at 2.5 times to 3 times the speed of sound at an altitude of 40,000 feet.
    Note:  BrahMos has a top speed of Mach 3, a range of around 290 km, and a cruising altitude of 15 km (around 50,000 feet). It can be fired from anywhere, is nuclear-capable, and can carry warheads of 200-300 kg.

     

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  • Ex Vayu Shakti 2022

    The Indian Air Force (IAF) has decided to postpone its firepower demonstration, Ex Vayu Shakti, scheduled in the Pokhran ranges in Rajasthan.

    Exercise Vayu Shakti

    • It is conducted once in three years which is participated by fighters, helicopters, force enablers and support systems.
    • The aim of the exercise is to detect and identify targets and neutralise them in day, dusk and night capability demonstrations.
    • The Indian Air Force showcases repower capability of indigenously developed aircrafts and its missile arsenal in this exercise.
    • Fighter aircraft including Jaguar, Rafale, Sukhoi-30, MIG-29, light combat aircraft Tejas, MIG-21 Bison, Hawk 32, M200 participates in the exercise.

    Also read

    Various Defence Exercises in News

     

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  • Kuki Insurgency in Manipur

    Just before the first of the two phases of the Assembly Elections went underway in Manipur, all insurgent groups associated with the Kuki tribes in Manipur said they will vote for a particular political party.

    Who are the Kukis?

    • The Kukis are an ethnic group including multiple tribes originally inhabiting the North-Eastern states of India such as Manipur, Mizoram and Assam; parts of Burma (now Myanmar), and Sylhet district and Chittagong hill tracts of Bangladesh.
    • While Kuki is not a term coined by the ethnic group itself, the tribes associated with it came to be generically called Kuki under colonial rule.
    • In Manipur, the various Kuki tribes, living mainly in the hills, currently make up 30% of the total 28.5 lakh population of the State.
    • While Churachandpur is their main stronghold, they also have a sizable population in Chandel, Kangpokpi, Tengnoupal and Senapati districts.

    Their ethnicity

    • The rest of the population of Manipur is made up mainly of two other ethnic groups — the Meiteis or non-tribal, Vaishnavite Hindus who live in the valley region of Manipur, and the Naga tribes, historically at loggerheads with the Kukis, also living in the hilly areas of the State.
    • Of the 60 seats in the Manipur Assembly, 40 are held by Meiteis and the rest 20 seats are held by Kukis and Nagas.

    What led to the Kuki insurgencies in Manipur?

    • The Kuki insurgent groups have been under Suspension of Operation (SoO) since 2005, when they signed an agreement for the same with the Indian Army.
    • Later, in 2008, the groups entered a tripartite agreement with the State government and the UPA led Central government to temporarily suspend their operations and give political dialogue a chance.
    • Manipur, formerly a princely state including parts of Burma, made the accession into India after Independence, but was only made a full-fledged State in 1972.
    • The resentment over the “forceful” inclusion into India and delay in granting statehood led to the rise of various insurgent movements.

    Roots of the insurgency

    • The roots of Kuki militancy lie in conflicts of ethnic identity.
    • First was the demand for self-determination solely for groups belonging to their ethnic fabric, meaning the dream to form a Kukiland.
    • The second reason for insurgency lies in the inter-community conflicts between the Kukis and the Nagas in Manipur.
    • The Kuki-Naga conflict was started over securing identity and land as some Kuki inhabited areas coincided with Naga inhabited areas.
    • Wanting to dominate trade and cultural activities in those areas the two communities often engaged in violent standoffs, with villages being torched, civilians killed and so on.

     

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  • Reporting cyber attacks

    Context

    The Ministry of Electronics and Information Technology is likely to come out with new cyber security regulations which will put the onus on organisations to report any cybercrime that may have happened against them, including data leaks.

    Damages inflicted by the cyber crimes

    • Apart from private firms, government services, especially critical utilities, are prone to cyber attacks and breach incidents.
    • The ransomware attack against the nationwide gas pipeline in 2021 in the U.S. virtually brought down the transportation of about 45% of all petrol and diesel consumed on the east coast.
    • If it were measured as a country, then cyber crime — which is predicted to inflict damages totalling $6 trillion globally in 2021 — would be the world’s third-largest economy after the U.S. and China.

    Provision for reporting the cybercrime

    • Clause 25 in the Data Protection Bill 2021 says that data fiduciaries should report any personal and non-personal data breach incident within 72 hours of becoming aware of a breach.
    • Clause in EU GDPR: Even the golden standard for data protection, namely the European Union General Data Protection Regulation (EU GDPR), has a clause for reporting data breach incidents within a stringent timeline.
    •  This, in principle, is likely to improve cyber security and reduce attacks and breaches.

    Why reporting cybercrime is important

    • Alerting other organisations: If incidences are reported, the Indian Computer Emergency Response Team and others can alert organisations about the associated security vulnerabilities.
    • Precautionary measures: Firms not yet affected can also take precautionary measures such as deploying security patches and improving their cyber security infrastructure.
    • Why firms are reluctant to notify the crime? Any security or privacy breach has a negative impact on the reputation of the associated firms.
    • An empirical study by Comparitech indicates that the share prices for firms generally fall around 3.5% on average over three months following the breach.
    • So, firms weigh the penalties they face for not disclosing the incidents versus the potential reputational harm due to disclosure, and decide accordingly.

    Possible solutions

    • Periodic cyber security audits:  How will the regulator come to know when a firm does not disclose a security breach?
    • It can be done only through periodic cyber security audits.
    •  Unfortunately, the regulators in most countries including India do not have such capacity to conduct security audits frequently and completely.
    • Empanel third-party auditors: The government can empanel third party cyber security auditors for the conduct of periodical cyber security impact assessments, primarily amongst all the government departments, both at the national and State level, so that security threats and incidents can be detected proactively and incidents averted.
    • Evaluation and Certification of cyber security: The Ministry, as part of cyber security assurance initiatives of the Government of India, to evaluate and certify IT security products and protection profiles, has set up Common Criteria Testing Laboratories and certification bodies across the country.
    • These schemes can be extended towards cyber security audits and assessments as well.
    • Security command centre:  Much like IBM, which set up a large cyber security command centre in Bengaluru, other large firms can also be encouraged to set up such centres for protection of their firms’ assets.

    Consider the question “Reporting cyber security breaches is important. Yet, firms are reluctant to report the breaches. Examine the reasons for reluctance on part of the firms and suggest the way forward.”

    Conclusion

    Such measures will also pass the muster of the EU GDPR, thereby moving India closer to the set of countries that have the same level of cyber security and data protection as that of EU, for seamless cross-border data flow.

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  • In news: P-8I Aircraft

    Aviation and defence colossus Boeing delivered India’s 12th maritime surveillance and anti-submarine warfare P-8I aircraft.

    P-8I Aircraft

    • It is a multi-mission aircraft with state of the art sensors, proven weapons systems, and a globally recognised platform.
    • The first aircraft produced by Boeing flew in 2009, and has been in service with the US Navy since 2013, the same year as the Indian Navy.
    • Apart from India and the US, it has been chosen by six other militaries in the world.
    • The aircraft has two variants — the P-8I, which is manufactured for the Indian Navy, and the P-8A Poseidon.
    • The aircraft is designed for long-range anti-submarine warfare (ASW), anti-surface warfare (ASuW), and intelligence, surveillance and reconnaissance (ISR) missions.

    Naval operations

    • While the Indian Navy uses it for maritime operations, the aircraft was also used in eastern Ladakh in 2020 and 2021, when the standoff with China was at its peak.
    • The aircraft for the Indian Navy are called P-8I, and have replaced the ageing Soviet/Russian Tupolev Tu-142s.

    Specifications and features

    • The P-8I can fly as high as 41,000 feet, and has a short transit time, which reduces the size of the Area of Probability when searching for submarines, surface vessels or search and rescue survivors.
    • The aircraft has two engines, and is about 40 metres long, with a wingspan of 37.64 metres.
    • Each aircraft weighs about 85,000 kg, and has a top speed of 490 knots, or 789 km/hour.
    • It requires a crew of nine, and has a range of 1,200+ nautical miles, with 4 hours on station, which means about 2,222 km.
    • According to Boeing, more than 140 P-8 aircraft have “executed more than 400,000 mishap-free flight-hours around the globe”.

     

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  • Cyber warfare

    Alongside the missiles and bombs slamming down in Ukraine, the country has also been hit by a wave of cyber-attacks targeting critical infrastructure companies.

    What is Cyberwarfare?

    • Cyberwarfare has emerged as a new form of retaliation or passive aggression deployed by nations that do not want to go to actual war but want to send a tough message to their opponents.
    • In June 2020, security experts from Cyfirma uncovered a conspiracy by Gothic Panda and Stone Panda, two China-based hacker groups, to target media and critical infra companies in India.
    • They led large-scale attacks amid the border stand-off between India and China in Ladakh.
    • For many countries, cyberwarfare is a never-ending battle as it allows them to constantly harass and weaken geopolitical rivals.

    What has happened in Ukraine so far?

    • Ukraine  has  been  one  of  the  primary targets of Russia since 2020.
    • The recent spate of attacks started in mid-January and knocked out websites of the ministry of foreign affairs and the ministry of education.
    • Government websites and a number of banks have been hit by another mass distributed denial of service (DDoS) attacks.
    • DDoS attacks disrupt online services by overwhelming websites with more traffic than their server can handle.

    Which countries are behind state-backed cyberattacks?

    • Russia is one of the top perpetrators of state-backed cyberattacks.
    • According to an October 2021 report by Microsoft Corp., Russia accounted for 58% of state-backed attacks worldwide, followed by North Korea (23%), Iran (11%), and China (8%).
    • North Korea is said to have built a cyber-army of 7,000 hackers.

    Which companies are targeted and why?

    • State-backed cyberattacks are usually carried out to steal state secrets, trade deals and weapons blueprint, or target large multinationals to steal their intellectual property (IP) and use it to build local industry.
    • Cryptos are also on the radar now. North Korean hackers reportedly stole cryptos worth $400 million in 2021.
    • However, when states launch cyberattacks on other states as a result of worsening of geopolitical relations, the target is usually critical infrastructure firms to disrupt economic activity.

    How often is India targeted?

    • Such cyberattacks rose 100% between 2017 and 2021, according to a global study by Hewlett-Packard and the University of Surrey.
    • In 2019, the administrative network of the Kudankulam Nuclear Power Plant was hit by a malware attack by North Korea-backed Lazarus Group.
    • China-backed hackers were believed to be behind a power outage in Mumbai in 2020.
    • According to Black Lotus Labs, Pakistan-based hackers targeted power firms and one government organization in India in early 2021 using Remote Access Trojans.

     

     

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  • Panel on AFSPA removal misses ‘45-day’ deadline

    A committee constituted by the Union Home Ministry to study the withdrawal of the Armed Forces (Special Powers) Act, or AFSPA, from Nagaland, slated to submit a report within 45 days is yet to conclude its findings.

    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.

    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.

    What are the Special Powers?

    The ‘special powers’ which are spelt out under Section 4 provide that:

    (a) 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;

    (b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;

    (c) Power to arrest without warrant and to use force for the purpose;

    (d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    What are the Disturbed Areas?

    • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
    • As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

    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.
    • A suitable notification would have to be made in the Official Gazette.

    Presently ‘Disturbed Areas’

    • AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
    • In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.

     Is it a License to Kill?

    While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.

    Supreme Court’s Observations over AFSPA

    • These extra-judicial killings became the attention of the Supreme Court in 2016.
    • It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
    • The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
    • The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.

    Constitutionality of AFSPA

    • Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
    1. Right to Life and Personal Liberty (Article 21) and
    2. Federal structure of the Constitution since law and order is a State subject

    Recommendations to repeal AFSPA

    (1) 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.
    • Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
    • It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.

    (2) ARC II

    • The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
    • It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
    • However, the recommendation was considered first and then rejected.

    Controversies with AFSPA

    (1) 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.

    (2) 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.

    Caution given by the Supreme Court

    A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:

    1. Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
    2. Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
    3. Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
    4. No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
    5. Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
    6. Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
    7. People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
    8. Good intelligence: It added that “good intelligence is the key to success”.
    9. Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
    10. Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.

    Conclusion

    • Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.

     

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