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Subject: Internal Security

  • Exercise Sea Dragon 22

    India is among the six Indo-Pacific nations participating in Exercise Sea Dragon 22.

    Sea Dragon 22

    • It is a multi-lateral anti-submarine warfare exercise in the Pacific Ocean hosted by the US.
    • The exercise includes the navies of India, Australia, Canada, Japan, the US and South Korea.
    • India, Japan, Australia and America are also part of the Quad, and also participate in the Malabar exercise.
    • It includes in-flight training, ranging from tracking simulated targets to the final problem of tracking a live US Navy submarine.

    Significance of the exercise

    • The exercise is significant as almost all of the participating countries have strained relations with China.
    • China is expanding its prowess in the Indo-Pacific under its Look West Policy.

    Also, take time to read about all major exercises:

    Various Defence Exercises in News

     

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  • Multi Agency Centre (MAC): A common counter-terrorism grid

    The Union government has asked the States to share more intelligence inputs through the Multi Agency Centre (MAC), a common counter-terrorism grid under the Intelligence Bureau (IB).

    Why in news?

    • States are often reluctant to share information on the platform.
    • There are several gaps in sharing critical information at the right time.
    • Plans are afoot for more than a decade to link the system up to the district level.

    About MAC

    • The Multi-Agency Centre (MAC) was formed in December 2001 following the Kargil intrusion and the subsequent overhaul of the Indian national security apparatus suggested by the Kargil Review Committee report.
    • Accordingly, the Intelligence Bureau (IB) was authorized to create a multi-agency centre (MAC) in New Delhi.
    • Now functioning 24×7 as the nodal body for sharing intelligence inputs, MAC coordinates with representatives from numerous agencies, different ministries, both central and state.
    • Various security agencies share real-time intelligence inputs on the MAC.
    • The state offices have been designated as subsidiary MACs (SMACs).
    • As many as 28 organisations, including the Research and Analysis Wing (R&AW), armed forces and State police, are part of the platform.

    Back2Basics: NATGRID

    • NATGRID is an intelligence-sharing network that collates data from the standalone databases of the various agencies and ministries of the Indian government.
    • It collects and collates a host of information from government databases including tax and bank account details, credit/debit card transactions, visa and immigration records and itineraries of rail and air travel.
    • It came into existence after the 2008 Mumbai attacks.
    • It is accessible to only authorized people from 10 security agencies on a case-to-case basis for investigations into suspected cases of terrorism.
    • It will also have access to the Crime and Criminal Tracking Network and Systems, a database that links crime information, including First Information Reports, across 14,000 police stations in India.

    Note: NATGRID data will be made available to 11 central agencies, which are: Research and Analysis Wing (R&AW), Intelligence Bureau (IB), National Investigation Agency (NIA), Central Bureau of Investigation (CBI), Narcotics Control Bureau (NCB), Financial Intelligence Unit (FIU), Enforcement Directorate (ED), Central Board of Direct Taxes (CBDT), Central Board of Indirect Taxes and Customs (CBIC), Directorate of Revenue Intelligence (DRI) and Directorate General of GST Intelligence.

     

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  • Left-Wing Extremism (LWE) in India

    Six Maoists including four women cadres were killed morning in an “exchange of fire” with a joint team of Telangana and Chhattisgarh police in Sukma district of Chhattisgarh.

    What is Naxalism?

    • The term ‘Naxal’ derives its name from the village Naxalbari of district Darjeeling in West Bengal, where the movement originated in 1967 under the leadership of Charu Majumdar and Kanu Sanyal.
    • It refers to the use of violence to destabilize the state through various communist guerrilla groups.
    • Naxalites are far-left radical communists who derive their political ideology from the teachings of Mao Zedong.

    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.

    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 maneuverability.
    • 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.

     

    With inputs from:

    https://www.mha.gov.in/division_of_mha/left-wing-extremism-division

     

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  • Missionaries of Charity denied FCRA nod

    The Union Home Ministry has refused to renew the Foreign Contribution Regulation Act (FCRA) registration of Missionaries of Charity (MoC) set up by Nobel laureate Mother Teresa.

    About Foreign Contribution Regulation Act (FCRA)

    • The FCRA regulates foreign donations and ensures that such contributions do not adversely affect internal security.
    • First enacted in 1976, it was amended in 2010 when a slew of new measures was adopted to regulate foreign donations.
    • The FCRA is applicable to all associations, groups and NGOs which intend to receive foreign donations.
    • It is mandatory for all such NGOs to register themselves under the FCRA.
    • The registration is initially valid for five years and it can be renewed subsequently if they comply with all norms.

    Why was FCRA enacted?

    • The FCRA sought to consolidate the acceptance and utilisation of foreign contribution or foreign hospitality by individuals, associations or companies.
    • It sought to prohibit such contributions from being used for activities detrimental to national interest.

    What was the recent Amendment?

    • The FCRA was amended in September 2020 to introduce some new restrictions.
    • The Government says it did so because it found that many recipients were wanting in compliance with provisions relating to filing of annual returns and maintenance of accounts.
    • Many did not utilise the funds received for the intended objectives.
    • It claimed that the annual inflow as foreign contributions almost doubled between 2010 and 2019.
    • The FCRA registration of 19,000 organisations was cancelled and, in some cases, prosecution was also initiated.

    How has the law changed?

    There are at least three major changes that NGOs find too restrictive.

    • Prohibition of fund transfer: An amendment to Section 7 of the Act completely prohibits the transfer of foreign funds received by an organisation to any other individual or association.
    • Directed and single bank account: Another amendment mandates that every person (or association) granted a certificate or prior permission to receive overseas funds must open an FCRA bank account in a designated branch of the SBI in New Delhi.
    • Utilization of funds: Fund All foreign funds should be received only in this account and none other. However, the recipients are allowed to open another FCRA bank account in any scheduled bank for utilisation.
    • Shared information: The designated bank will inform authorities about any foreign remittance with details about its source and the manner in which it was received.
    • Aadhaar mandate: In addition, the Government is also authorised to take the Aadhaar numbers of all the key functionaries of any organisation that applies for FCRA registration or for prior approval for receiving foreign funds.
    • Cap on administrative expenditure: Another change is that the portion of the receipts allowed as administrative expenditure has been reduced from 50% to 20%.

    What is the criticism against these changes?

    • Arbitrary restrictions: NGOs questioning the law consider the prohibition on transfer arbitrary and too heavy a restriction.
    • Non-sharing of funds: One of its consequences is that recipients cannot fund other organisations. When foreign help is received as material, it becomes impossible to share the aid.
    • Irrationality of designated bank accounts: There is no rational link between designating a particular branch of a bank with the objective of preserving national interest.
    • Un-ease of operation: Due to Delhi based bank account, it is also inconvenient as the NGOS might be operating elsewhere.
    • Illogical narrative: ‘National security’ cannot be cited as a reason without adequate justification as observed by the Supreme Court in Pegasus Case.

    What does the Government say?

    • Zero tolerance against intervention: The amendments were necessary to prevent foreign state and non-state actors from interfering with the country’s polity and internal matters.
    • Diversion of foreign funds: The changes are also needed to prevent malpractices by NGOs and diversion of foreign funds.
    • Fund flow monitoring: The provision of having one designated bank for receiving foreign funds is aimed at making it easier to monitor the flow of funds.
    • Ease of operation: The Government clarified that there was no need for anyone to come to Delhi to open the account as it can be done remotely.

     

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  • Indian Army inducts Armoured Engineer Reconnaissance Vehicle (AERV)

    The first batch of next-generation indigenously designed Armoured Engineer Reconnaissance Vehicles (AERV) was inducted by the Indian Army.

    About AERV

    • AERV is indigenously designed and developed by DRDO and manufactured by the Pune unit of Bharat Electronics Limited.
    • It has more than 90% indigenous content.
    • It is a versatile BMP-IIK amphibious Infantry Combat Vehicle (ICV) fitted with instruments for water reconnaissance, land reconnaissance, navigation, and data backup.

    Unique capabilities of AERV

    • AERV is capable of measuring soil bearing capacity on riverbanks.
    • It works to determine if they are motorable for military vehicles on Go-No Go basis (critical parameters for bridge laying), dry and wet gaps in day and night conditions, slopes and height of river banks or canals.”
    • AERVs can navigate terrain using Military Grid Coordinate System, measure and plot underwater beds and water currents of rivers or canals.
    • They can store data from various instruments on Control Console for further analysis and decision-making.

     

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  • Explained: India’s Missile Capability

    The Defence Minister has encouraged scientists to work towards developing hypersonic missile technology after China’s successful demonstration of hypersonic glide vehicles (HGV).

    Try this question:

    Q. Hypersonic missiles are nothing but weapons of deterrence. Critically comment in context of arms race development for hypersonic missiles.

    History of Missile Technology in India

    (1) Pre-Independence

    • Before Independence, several kingdoms in India were using rockets as part of their warfare technologies.
    • Mysore ruler Hyder Ali started inducting iron-cased rockets in his army in the mid-18th century.
    • By the time Hyder’s son Tipu Sultan died, a company of rocketeers was attached to each brigade of his army, which has been estimated at around 5,000 rocket-carrying troops.

    (2) Post-Independence

    • At the time of Independence, India did not have any indigenous missile capabilities.
    • The government created the Special Weapon Development Team in 1958.
    • This was later expanded and called the Defence Research and Development Laboratory (DRDL), which moved from Delhi to Hyderabad by 1962.
    • In 1972, Project Devil, for the development of a medium-range Surface-to-Surface Missile was initiated.
    • By 1982, DRDL was working on several missile technologies under the Integrated Guided Missiles Development Programme (IGMDP).

    What kind of missiles does India have?

    • India is considered among the top few nations when it comes to designing and developing missiles indigenously.
    • However, it is way behind the US, China and Russia in terms of range.
    • DRDO is working on multiple varieties of missiles:

    [A] Surface-launched Systems

    ANTI-TANK GUIDED MISSILE:

    • Nag has already been inducted into the services. Nag is the only fire-and-forget ATGM meeting all weather requirements for its range (around 20 km).
    • Recently Heli-Nag was tested, which will be operated from helicopters and will be inducted by 2022.
    • There is also a Stand-off Anti-Tank (SANT) missile, with a range over 10 km.

    SURFACE-TO-AIR MISSILE

    • Short-range SAM system: Akash has already been inducted in the Army and the Air Force.
    • For Akash 1, which has a seeker, the Army has already got the Acceptance of Necessity from the government.
    • For Akash (New Generation), the first tests were conducted in July this year and a couple more trials are to be done.
    • Medium-Range SAM: Production of MRSAM systems for the Navy is complete, and it is placing its order.

    [B] Air-launched Systems

    AIR-TO-AIR:

    • Astra, India’s Beyond Visual Range Air-to-Air Missile (BVRAAM), has been completely tested and is under induction.
    • It has a range of around 100 km, and DRDO is trying to now induct it with more IAF platforms, including the domestically developed light combat aircraft Tejas.
    • A long-range Astra is also being developed, for which initial tests have been conducted.
    • The missile uses solid fuel ramjet technology, which enhances speed, and will have an indigenously-built seeker.

    AIR-TO-GROUND:

    • Rudram, a New Generation Anti-Radiation Missile (NGRAM), has cleared initial tests and some more tests will be conducted soon.
    • With a maximum range of around 200 km, the missile mainly targets communication, radar and surveillance systems of the adversary, and was tested from the Sukhoi-30MKI fighter jet last year.
    • BrahMos, which India developed jointly with Russia, is already operational.
    • It has a 300 km to 500 km range, and is a short-range, ramjet-powered, single warhead, supersonic anti-ship or land attack cruise missile.

    India’s crucial missile systems

    The two most important are Agni and Prithvi, both being used by the Strategic Forces Command.

    • Agni (range around 5,000) is India’s only contender for an inter-continental ballistic missile (ICBM), which is available in only a few countries.
    • Prithvi, although a short-range surface-to-surface missile with a 350 km range, has strategic uses. India also tested an anti-satellite system in April 2019.
    • A modified anti-ballistic missile named Prithvi Defence Vehicle Mk 2 was used to hit a low-orbit satellite.
    • It put India only behind the US, Russia and China in this capability.

    What about Hypersonic Technology?

    • India has been working on this for a few years, and is just behind the US, Russia and China.
    • DRDO successfully tested a Hypersonic Technology Demonstrated Vehicle (HSTDV) in September 2020, and demonstrated its hypersonic air-breathing scramjet technology.
    • India has developed its own cryogenic engine and demonstrated it in a 23-second flight.
    • India will try to make a hypersonic cruise missile, using HSTDV.
    • Only Russia has proven its hypersonic missile capability so far, while China has demonstrated its HGV capacity.
    • India is expected to be able to have a hypersonic weapons system within four years, with medium- to long-range capabilities.

    What makes India good in missile technology?

    • Missile technology is one field in which India has made very positive and substantial progress.
    • Under the IGMP then headed by A P J Abdul Kalam, later India’s President, first came Prithvi, then Agni.
    • BrahMos, at 2.5-3 times the speed of sound, was among the fastest in the world when developed.
    • After the nuclear blast in 1998, cryogenic etc were not given to us by developed countries. Kalam and others, they made it a point that they developed it within the country.

    Where do China and Pakistan stand compared to India?

    • While China is ahead of India, a lot of things about China are psychological.
    • China may have either achieved parity or even exceeded the US in land-based conventional ballistic and cruise missile capabilities.
    • China’s missile development is definitely a concern for us, but we will definitely evolve.
    • It has given the technology to the irresponsible hands of Pakistan. But getting technology and really using it, and thereafter evolving and adopting a policy is totally different.

    Must read:

    Agni V vs China’s Hypersonic Missile

     

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  • Reciprocal Exchange of Logistics (RELOS) Agreement with Russia

    India and Russia are set to ink the RELOS logistics exchange pact during the visit of Russian President Vladimir Putin for the Indo-Russia summit.

    What are Logistics Agreements, in general?

    • Logistical exchange agreements are designed so that partner countries can enjoy ease of access to use each other’s military facilities like ports, bases, and military installations.
    • Such agreements save enormous time and also frees up the need for constant paperwork when one military obtains assistance on matters like refuelling, berthing, use of aviation infrastructure, etc.

    RELOS Agreement with Russia

    • RELOS agreement with Russia would grant “access to Russian naval port facilities in the Arctic”, thus enhancing “Indian Navy’s reach and operational experience in Polar waters”.

    Need for RELOS

    • Despite growing engagement with the US on military hardware and tech, Russia remains a partner with whom India has shared traditionally deep defence ties.
    • Russia’s growing proximity to China and Pakistan has of late been seen as casting a shadow on the Moscow-New Delhi engagement.
    • To that extent, RELOS will be an important step forward in the military sphere as it aims at fostering interoperability and sharing of logistics.
    • The “long overdue” agreement was to have come up for signing in 2019 but that was put off pending finalisation of its terms.

    Strategic significance of RELOS Agreement

    • Naval Cooperation: It is usually the Indian Navy, the most outgoing force of the three services, that stands to benefit the most from a logistical exchange agreement.
    • Interoperability: These impart enhanced operational turnaround and strengthened interoperability on the high seas.
    • Military enhancements: Given the percentage of Russian military hardware in the Indian armed forces, the two sides can take advantage, through RELOS, of increased interoperability “in any hostile situation in the future”.
    • Future defence purchases: India has acquired advanced defence systems from Russia, including fighter jets, and is looking to again obtain a nuclear-powered attack submarine on a long-term lease from Moscow.

    Fulfilling Arctic aspirations of India

    • Navigation: From a geostrategic point of view, it would give Indian Navy better access to northern sea routes and Russian ports in the Arctic, where India is looking to set up an Arctic station.
    • Energy cooperation: Russia and India are also exploring enhanced energy cooperation in the Arctic region.
    • Competing China: India’s presence in Arctic will act as a strategic counterweight to China’s strategic posturing with Beijing and Moscow sharing “synergy” in the Arctic.

    Does India have similar arrangements with other Countries?

    • India has logistical exchange agreements with six other countries, including Quadrilateral Security Dialogue, or Quad, partners US (LEMOA), Japan and Australia.
    • Singapore, France and South Korea are the other countries with which similar arrangements have been effected.
    • India has become more comfortable in concluding such arrangements with other countries and is currently pursuing one with the UK while exploring arrangement with other partners like Vietnam.

    Other defence trade between the two countries

    • Russia continues to be among India’s biggest defence suppliers.
    • The two sides are now looking to move from licence manufacture to joint research and co-development of defence equipment.
    • Both nations have agreed for the manufacture of over six lakh AK-203 assault rifles by a Joint Venture, Indo-Russian Rifles Private Ltd, at Korwa, Amethi, in UP.
    • Russia has started deliveries of the S-400 Triumf long-range air defence systems to India. The first division will be delivered by the end of 2021.
    • There are several other big such as procurement of 21 Mig-29s and 12 Su-30MKI fighters, Igla-S short-range air defence systems and the manufacture of 200 K-226T utility helicopters.

    Future trajectory of the defence cooperation

    • Timely supply of spares and support to the large inventory of Russian hardware in service with Indian military has been a major issue from India.
    • To address this, Russia has made legislative changes allowing its companies to set up joint ventures in India to address it following an Inter-Governmental Agreement signed in 2019.
    • This is in the process of being implemented.
    • With increased competition from the U.S., France, Israel and others who have bagged major deals in recent years, Russia is also focusing on timely deliveries and lifetime support.

    Conclusion

    • Russia will remain a key defence partner for India for decades to come.
    • In line with India’s quest for self-sufficiency, such partnerships help curb the reliance of India over other countries.
    • This will thereby curb India’s dependency in near future.

     

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  • What is Armed Forces (Special Powers) Act, 1958?

    The death of at least 14 civilians in Nagaland as a result of the action of the Indian Army has brought back into focus the controversial Armed Forces (Special Powers) Act, 1958 [AFSPA].

    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.

    AFSPA: 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.

    Other issues 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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  • Trilateral Exercise ‘Dosti’

    The 15th edition of the biennial trilateral coast guard exercise ‘Dosti’ involving India, the Maldives and Sri Lanka is underway in the Maldives.

    Exercise Dosti

    • The aim of this exercise is to further fortify the friendship, enhance mutual operational capability, and exercise interoperability and to build cooperation.
    • Both the Maldives and Sri Lanka are of strategic importance to New Delhi and to its maritime security interests.
    • 2021 marks 30 years since these exercises were first launched.

    Significance of the exercise

    • These exercises help during joint operations and missions undertaken by countries and also help enhance interoperability.
    • Although piracy is not a major issue in this part of the Indian ocean, these kinds of exercises also help coast guards with training for possibilities.
    • These exercises help develop a better understanding of the other nation’s coast guard operations and how to enhance coordination during different kinds of missions.

    What it involves

    • The scope of these exercises are wide-ranging.
    • India, Sri Lanka and the Maldives have agreed to work on what they called the “four pillars” of security cooperation.
    • These involved the areas of marine security, human trafficking, counter-terrorism and cyber security.

     

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  • Facial Recognition Technology

    Context

    According to police officials, more than six lakh CCTV cameras have already been deployed in the city, with the very real possibility that this number will continue to increase. These all-pervasive cameras will soon be connected in a real-time network managed by Hyderabad’s Command and Control Centre.

    Facial Recognition

    It is a biometric technology that uses distinctive features of the face to identify and distinguish an individual. Over a period of almost 6 decades, it has evolved in many ways- from looking at 3D contours of a face to recognizing skin patterns.

    How does it work?

    • The facial recognition system works primarily by capturing the face & its features through the camera and then using various kinds of software to reconstruct those features.
    • The captured face along with its features is stored into a database, which can be integrated with any kind of software that may be used for security purposes, banking services, etc.
    • In the Automated Facial Recognition System (AFRS), the large database (containing photos and videos of peoples’ faces) is used to match and identify the person. The image of an unidentified person, taken from CCTV footage, is compared to the existing database using Artificial Intelligence technology, for pattern-finding and matching.

    What are the uses?

    • Authentication: It is used for identification and authentication purposes with a success rate of almost 75%.
      • For instance, the NCRB’s Crime and Criminal Tracking Network & Systems (CCTNS) managing crime data for police, use automated facial recognition to identify criminals, missing people, and unidentified dead bodies, as well as for “crime prevention”.
      • The project is aimed at being compatible with other biometrics such as iris and fingerprints.
      • The integration of fingerprint databases, face recognition software and iris scans will massively boost the police department’s crime investigation capabilities.
    • Force Multiplier: In India, where there are just 144 constables per 1 lakh citizens, this can act as a force multiplier. It neither requires too much manpower nor regular up-gradation. Hence, this technology coupled with the present manpower in place can act as a game-changer.
    • Varied applications: It is increasingly being used for everything from unlocking mobile phones to validating the identity, from auto-tagging of digital photos to finding missing persons, and from targeted advertising to law enforcement.

    Opposition to facial recognition technologies

    • How it works: Facial recognition technology identifies the distinctive features of a person’s face to create a biometric map, which an algorithm then matches to possible individuals.
    • The system searches across databases of millions of images scraped without knowledge or consent and often fails.
    • Severe scrutiny: The use of facial recognition technology is already under severe scrutiny around the world, with some jurisdictions, including Belgium and Luxembourg, have already banned its use.
    • Ban by EU: The European Union is in the process of finalizing and passing one of the most comprehensive bans on facial recognition technology yet, while in the United States, multiple cities- and state-level bans and moratoria have been imposed.
    • More than 200 organizations have called for a global ban on the use of biometric surveillance technologies that enable mass and discriminatory surveillance, while even Facebook announced that it would be shutting down its facial recognition program.

    Issues with the use of facial recognition technologies in India

    • Violation of the right to privacy: The right to privacy was recognized as a fundamental right, included under the right to life and liberty by the Supreme Court of India in 2017.
    • Absence of legal framework: Without a law in place to regulate data collection and to act as an oversight mechanism, valid concerns about privacy and other rights violations continue to arise.
    • High Infrastructural Costs: Technologies like Artificial Intelligence and Big Data are costly to implement. The size of stored information is extremely large and requires huge network & data storage facilities, which are currently not available in India.
    • Image Collection: The sources from which images will be collected to create a repository/database need to be known.
    • The concern of Data Leakage: In today’s world of cybercrime, it is important to put appropriate safeguards in place in order to ensure the integrity of the repository/database, so that it doesn’t leak out the information and is not privatized or monetized.
    • Required Expertise: Experts are needed to verify and authenticate data collected before storing them who should be provided proper training to protect & avoid abuse and misuse of the collected data & database.
    • Reliability & Authenticity: As the data collected may be used in the court of law during the course of a criminal trial, the reliability and the admissibility of the data along with standards and procedures followed would be taken into consideration. Hence, the authenticity of the data is crucial.
    • Huge amounts of public money are being spent on these technologies with no evidence of their effectiveness, further squandering precious public funds.

    The National Automated Facial Recognition System

    • To empower the Indian police with information technology, India approved the implementation of the National Automated Facial Recognition System (NAFRS).
    • On its implementation, it will function as a national-level search platform that will use facial recognition technology.
    • It will help to facilitate investigation of crime or for identifying a person of interest regardless of face mask, makeup, plastic surgery, beard, or hair extension.

    Way Forward

    • Save the time of police: This is a compare and contrast tool meant for identification based on existing information. The process of identification can be accelerated by its use.
    • Proper Legal safeguards are a must: With proper safeguards, this technology is much needed for India. Having the biggest IT workforce in the world, state-of-the-art technology can act as a game-changer for India.
    • Need to learn from Global examples: Police departments in London are under pressure to put a complete end to the use of facial recognition systems following evidence of discrimination and inefficiency.
      • Hence, it is necessary to make use of such technology, but it cannot act as the silver bullet for all the police reforms that we need.

    Conclusion

    Government programs such as Safe City, Smart City, and the Nirbhaya Fund have been utilized to bankroll these projects — yet the human rights violations that occur as a result of their use far outweigh any purported benefit that these technologies claim to provide.

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