Paper-3, Booklet-1, Internal Security

PRESENTS THE KEY TO UPSC MAINS 2019 PAPER 3 Copyright © Aspire IAS All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of Aspire IAS. 1

INTERNAL SECURITY 2

INDEX 3

PAST YEAR QUESTIONS The China Pakistan Economic Corridor (CPEC) is viewed as a cardinal subset of China‘s larger ‗One Belt One Road‘ initiative. Give a brief description of CPEC and enumerate the reasons why India has distanced itself from the same. (UPSC 2018) Left Wing Extremism (LWE) is showing a downward trend, but still affects many parts of the country. Briefly explain the Government of India‘s approach to counter the challenges posed by LWE. (UPSC 2018) Data security has assumed significant importance in the digitized world due to rising cyber-crimes. The Justice B. N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyber space? (UPSC 2018) India‘s proximity to two of the world‘s biggest illicit opium-growing states has enhanced her internal security concerns. Explain the linkages between drug trafficking and other illicit activities such as gunrunning, money laundering and human trafficking. What countermeasures should be taken to prevent the same? (UPSC 2018) The north-eastern region of India has been infested with insurgency for a very long time. Analyze the major reasons for the survival of armed insurgency in this region. (UPSC 2017) Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the causes and consequences of such violence. (UPSC 2017) The scourge of terrorism is a grave challenge to national security. What solutions do you suggest to curb this growing menace? What are the major sources of terrorist funding? (UPSC 2017) The terms ‗Hot Pursuit‘ and ‗Surgical Strikes‘ are often used in connection with armed action against terrorist attacks. Discuss the strategic impact of such actions. (UPSC 2016) ‗Terrorism is emerging as a competitive industry over the last few decades.‖ Analyse the above statement. (UPSC 2016) Border management is a complex task due to difficult terrain and hostile relations with some countries. Elucidate the challenges and strategies for effective border management. (UPSC 2016) 4

Use of internet and social media by non-state actors for subversive activities is a major security concern. How have these been misused in the recent past? Suggest effective guidelines to curb the above threat. (UPSC 2016) The persisting drives of the government for development of large industries in backward areas have resulted in isolating the tribal population and the farmers who face multiple displacements with Malkangiri and Naxalbari foci, discuss the corrective strategies needed to win the left wing extremism (LWE) doctrine affected citizens back into the mainstream of social and economic growth. (UPSC 2015) Religious indoctrination via digital media has resulted in Indian youth joining the ISIS. What is ISIS and its mission? How can ISIS be dangerous for the internal security of our country? (UPSC 2015) Discuss the advantage and security implications of cloud hosting of server vis-a-vis in-house machine-based hosting for government businesses. (UPSC 2015) Considering the threats cyberspace poses for the country, India needs a ―Digital Armed Force‖ to prevent crimes. Critically evaluate the National Cyber Security Policy, 2013 outlining the challenges perceived in its effective implementation. (UPSC 2015) Human rights activists constantly highlight the view that the Armed Forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human rights abuses by the security forces. What sections of AFSPA are opposed by the activists? Critically evaluate the requirement with reference to the view held by the Apex Court. (UPSC 2015) International civil aviation laws provide all countries complete and exclusive sovereignty over the airspace above the territory. What do you understand by airspace? What are the implications of these laws on the space above this airspace? Discuss the challenges which this poses and suggests ways to contain the threat. (UPSC 2014) How illegal transborder migration does pose a threat to India‘s security? Discuss the strategies to curb this, bring out the factors which give impetus to such migration. (UPSC 2014) In 2012, the longitudinal marking of the high-risk areas for piracy was moved from 65° East to 78° east in the Arabian Sea by International Maritime organisation. What impact does this have on India‘s maritime security concerns? (UPSC 2014) GUESS PAPER - TOPICS EXPECTED TO BE ASKED IN THIS YEAR‘S EXAM, BASED ON CONTEMPORARY ISSUES AND PAST YEARS‘ PATTERN, HAVE BEEN COVERED IN DETAIL. 5

BORDER MANAGEMENT Governments of numerous nations make huge investment and provide good support for the border security. Still, border and maritime security continues to present challenges to governments around the world. The proper management of borders presents many challenges and includes coordination and concerted action by administrative, diplomatic, security, intelligence, legal, regulatory and economic agencies of the country to secure the frontiers and sub serve its best interests. With a continent of sub-continental proportions, India occupies a major strategic position in Southern Asia and governs the northern Indian Ocean with a coastline that is 7,683 km long, and an Exclusive Economic Zone that is over two million square km in size. India's land borders exceed 15,000 km which it shares with seven countries including a small segment with Afghanistan (106 km) in northern Jammu and Kashmir (J&K). 6

IMPORTANCE/NEED  India is surrounded by politically instable countries like Afghanistan. Pakistan, Myanmar, etc. giving rise to problems in border areas like infiltration, refugee crisis, etc.  Emergence of non-state actors and state-sponsored terrorism has made border security imperative.  Smuggling of drugs and illegal trade needs to prevented while facilitating cross border trade. Even in maritime borders, piracy and illegal migration issues need to be monitored.  Areas near international borders are also prone to internal security problems like separatist movements, illegal migrants, etc. CHALLENGES  Porous borders, poor fencing and negligible installation of hi-tech security equipment like thermal sensor, even till date. India has an un-demarcated border with China, Pakistan and Bangladesh.  Poor cooperation with local people, and rising mistrust among them. Connivance of the locals with intruders for a payment makes the task of detection more difficult.  Corruption within the border forces, exploitation of lower level staff, etc. causing decline in motivation.  Ineffective connectivity, both physical (roads, bridges etc) and digital with border areas.  Less use of drones, cameras, satellite data for surveillance.  Harsh climatic conditions at some places, like Siachen glacier.  The terrain, climatic conditions, dense vegetation, improper design and alignment without taking into consideration the traditions and culture of the border population, has further led to its repeated breaching. INITIATIVES and country-wise analysis Separate Department of Border Management has been created within the MoHA. We are increasingly moving towards use of space technology for border management. Various military satellites in India include GSAT 7, GSAT 7A, CartoSat 1 and 2 series, RISAT, MicroSat-R, etc. Even, we are now prepared from a space war, through the Mission Shakti and ASAT. 7

Specific initiatives can be enumerated as: INDIA-  Various agreements have been signed to resolve issues like enclaves, BANGLADESH caused by undemarcated border. Example: Nehru-Noon Agreement on BORDER India-East Pakistan Border (1958), Indira-Mujibur Agreement aka Land Boundary Agreement (1974) and the recent 100th INDIA-PAKISTAN Constitutional Amendement Act. BORDER  Border out posts, guarded by BSF INDIA-CHINA  Along the India-Bangladesh border, there are 32 land custom BORDER stations spread over the states of West Bengal, Meghalaya, Assam, Tripura and Mizoram, to promote border trade.  Fencing and Floodlighting for maintaining vigilance along the borders. In order to curb infiltration, smuggling and other anti-national activities from across Indo-Pakistan and Indo-Bangladesh borders, the Government has undertaken the work of construction of fencing, floodlighting and roads along these borders. On rivers Border Security Force is planning to erect ‗floating fence‟.  Integrated Check Posts: There are several designated entry and exit points on the international borders of the country through which cross border movement of persons, goods and traffic takes place. These ICPs would house all regulatory agencies like Immigration, Customs, Border Security, Quarantine etc., along with support facilities in a single complex equipped with all modern amenities.  Double fencing, border checkposts, etc have been less effective in controlling entry of terrorists (with support from Pakistan Army), frequent ceasefire violations, smuggling of heroine, etc.  Floodlighting: Government of India has also taken up floodlighting works along the Indo-Pakistan border for close vigil, particularly in the night hours  Recently, Border Security Force is implementing a Rs. 4500 crore project, ‗Smart Fence‟ – BOLD QIT - mechanism. Under this laser walls and heat sensor system will be installed on the boundary. While this may deter terrorists and Pakistan, innocent villagers may get caught into the trap.  In 1988, following Prime Minister Rajiv Gandhi‘s visit to China, the Joint Working Group (JWG) was set up to look into the border problem. In 1993, the Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control (LAC) was signed and the India-China Expert Group of Diplomatic and Military Officers was set up to assist the JWG. 8

INDIA-NEPAL  In 1996, the Agreement on Confidence Building Measures (CBMs) in BORDER the Military Field along the LAC was signed. INDIA-MYANMAR  In 2003, two special representatives (one each from India and China) BORDER were appointed to find a political solution to the border dispute.  India has under taken border road construction in Arunachal Pradesh which was objected to by China. India ignored the objection by reiterating its authority over the area.  After the Doklam crisis, border area development in the region has increased raidly.  With the increasing activities of Pakistan's Inter-Services Intelligence (ISI) in Nepal, the nature of the border has changed absolutely.  In order to check anti-national activities on the India-Nepal border which is the open and absorbent border and to improve the security along this border, 25 battalions of Sashastra Seema Bal (SSB) have been deployed as the Border Guarding Force (BGF) on this border.  All the 450 Border Out Posts (BOPs) have been established on Indo- Nepal border. Bilateral mechanisms in the form of Home Secretary-level talks and Joint Working Group at the level of Joint Secretaries exist between the two countries.  Additionally, there is a mechanism of Border District Coordination Committee Meetings between the district officials of the two nations. These mechanisms serve as platforms for discussing issues of mutual concern like containing cross-border crimes, smuggling, and situation arising out of terrorist activities, at national and regional/local levels correspondingly.  The location of the boundary at the edge of the ―Drugs golden triangle‖ facilitates the unrestricted illegal flows of drugs into Indian territory.  People living on the Indian side, own land holdings including cultivated lands and forested areas across the border and are completely dependent on it for their livelihood. Also from the Myanmar side, a lot of villagers come to the Indian side to buy basic essentials. Therefore the Indian and Myanmarese governments established the Free Movement Regime (FMR), which allowed Nagas to travel 16 kilometres across the border on either side without any visa requirements.  Misuse of this free movement by Naga separatists led to fence construction at the border, which began in 2017.  Assam Rifles has been deployed for counter-insurgency and border to guard this border.  Currently, all 15 border guarding battalions are deployed along Indo Myanmar border on Company Operating Base (COB) approach, not as per the BOP system. 9

INDIA-BHUTAN  Sashastra Seema Bal (SSB) has been deployed as the Border Guarding BORDER Force on this border.  A two-sided mechanism in the shape of an India-Bhutan Group on Border Management and Security has been regularly meeting. This mechanism is useful in assessing threat perception to the two countries from groups attempting to take advantage of this open border and in discussing ways to improve the security environment in border area.  Like with Nepal, India‘s boundary with Bhutan is also an open boundary.  The border was peaceful till Indian insurgent groups established camps in the southern districts of Bhutan. This problem has been effectively dealt with during the Bhutanese government‘s ‗Operation All Clear‟, which saw the destruction and uprooting of all insurgent camps in Bhutanese territory. The Border Area Development Program (BADP) is being implemented by the Department of Border Management, Ministry of Home Affairs through the State Governments. The programme is supplemental in nature to fill the gaps and the funds under BADP are provided to the States as a 100% non-lapsable Special Central Assistance. It was initially launched for western borders, but now also covers the Northeast. So, it covers all 17 states having international border. The development of border areas is now viewed as a part of the comprehensive approach to the Border Management, which focuses on socio-economic development of the people and promotion of wellbeing and a security environment in the border areas. In July 2015, it was modified to include:  Extended to all villages located within 0 to 10 km of border.  Border guarding forces will identify priority villages.  It will also include rural development, sports, health, etc.  Programs like Swachh Bharat Abhiyan, DDUGKY, Hunar Se Rozgar, etc. will be promoted. NITI Aayog pointed out the ineffectiveness of BADP and thus Comprehensive Integrated Border Management System was launched for 24x7x365 surveillance of the border through technology, including a five-layer elaborate plan to completely stop infiltration on the 2,900-km western border with Pakistan:  CCTV cameras.  Thermal image and night-vision devices. 10

 Battlefield surveillance radar.  Underground monitoring sensors.  Laser barriers. CONCLUSION To further improve border management, especially near the Pakistan border, recommendations of Madhukar Gupta Committee must be accepted. He recommended that detailed study of gaps in fencing and installation of hi-tech fence on the border to control infiltration and terrorist activities. Recent activities like Surgical Strikes also add to making the border areas more secure. Also, with increasing geostrategic importance of the Indian Ocean Region, we must pay equal attention to our maritime borders and cooperation with littoral countries, especially Sri Lanka, Maldives, Southeast Asia, etc. 11

SOCIAL MEDIA Social Media can be defined as any web or mobile based platform that enables an individual or agency to communicate interactively and enables exchange of user generated content and it is explained by a number of tools, which includes blogs, Wikis, discussion forums, micro-blogs, twitter and social networking sites. Social Media in recent times has become synonymous with Social Networking sites such as Facebook or Micro Blogging sites such as Twitter. Media in general, and social media in particular, provide platforms for mass communication and spread of information in the form of messages, images, videos, etc. Increasing globalisation, spread of mobile phones and digital infrastructure have further increased access. We are no longer mere consumers of information, but creators too. Its “viral” ability for potential exponential spread of information by word of mouth and interlinking of the various social media platforms, considerably reduces the control over spread of any such information. From our private information like demographics, to interests, posts, images and even browser history is being captured by websites, marketers along with friends we want to share it with. Major implications include spread of fake news, increasing intolerance and privacy concerns. From the times of independence struggle to this day, media and now social media have had both positive and negative impact: POSITIVE IMPACT NEGATIVE IMPACT  Media facilitates access, even for small  Information shared here lacks credibility traders, to the world market. and high chances of fake news.  It acts as a watchdog to hold government  Provocative messages are spread to accountable for its actions. increase intolerance and communal violence and extreme acts like mob  Facilitates information dissemination by lynching. Social media is like an echo government agencies, like in case of chamber where people‘s beliefs are disasters. reinforced selectively.  It can help in countering propaganda and  Social media is used by terrorist act as a tool to play information war. For organisations as a tool for ideological example, it can counter the propaganda by radicalization, recruitment, Maoists, North-East insurgent groups by communication and training. providing right facts and figures.  Large amount of data creates threat of  It can help in creating social cohesion data theft and privacy concerns. and feeling of national unity by showing such programmes which shows inter-group  Spread of cyber-terrorism and cyber cordial relations, rich history of peaceful espionage and associated ransomware 12

Coexistence etc. attacks like WannaCry, Petya, etc.  Social networking sites also pose major challenge in financial and organized crime like fraud, phishing, money laundering, etc. which destabilizes the system. COUNTER STRATEGY The potential of media as a force multiplier and a weapon of war must be realized. Failure to recognize and counter enemy's usage of media could lead to unprecedented military and national failures. It must be realized that today decisions are no longer based on events but on how the events are presented. Cyber terrorism has become a reality today and hence, requires robust mechanism to protect from cyberthreats. Despite the fact that India has one of the largest users of social media, more so after government initiatives like Digital India, BharatNet Program for broadband connectivity and entry of cheap smartphone brands, government has largely remained oblivious to threat social media poses to the security of the country. Few steps towards e-governance and mobile apps for citizen interaction are not enough. A comprehensive strategy can be listed as follows:  Awareness generation among masses and government officials about how to use social media.  Monitoring social media use and trending topics to keep an eye on mischievous activities, through a Social Media Hub.  Using social media for information dissemination and citizen engagement.  Strict regulations and their implementation for social media companies (example: data localisation), to prevent data theft and misuse, as in the recent Facebook case. Considering their impact on society, even private companies should also be made directly accountable to the public.  A dedicated cadre of workers to ensure social media privacy and proper usage.  Keep a check over spams and trolls, and even control spread of viruses and malware. Promote the usage of safety softwares, like anti-malware, especially in critical government departments containing citizen data.  Create a Social Media Policy for government departments and citizens, as well as private companies. 13

 India recently appointed first Chief Information Security Officer (CISO). It will help India in developing the vision and policy to fight cyber crime and manage cyber security more effectively.  Creation of National Cyber Security Agency (NCSA) would improve India‘s resilience and defense system. CONCLUSION With Article 21 guaranteeing FR to Privacy and changing nature of India‘s demography and mobile usage, monitoring and controlling social media has become imperative. Though, a balance must be maintained between freedom of speech and right to privacy. Social media is clearly a double-edged sword and should thus be used for greater citizen engagement and empowerment, while at the same time conserving their privacy and preventing its misuse for cross-border or economic crimes. 14

CYBER SECURITY Cyberspace is the connected Internet Ecosystem. Trends exposing critical infrastructure to increased risk include interconnectedness of sectors, proliferation of exposure points and concentration of assets. Cyber intrusions and attacks have increased dramatically over the last decade, exposing sensitive personal and business information, disrupting critical operations, and imposing high costs on the economy. Cyber Security is protecting our cyber space (critical infrastructure) from attack, damage, misuse and economic espionage. CHALLENGES  Innumerable entry points to the internet and infinite interconnectedness makes it impossible to monitor all activity.  Viruses and malware have evolved over the years to become quicker and more intrusive. Example: The Stuxnet virus affected half of the world targeting Iran nuclear facilities. 15

 Fast paced development in attack technology has made defence mechanisms obsolete. We need to catch up through bodies like National Cyber Safety and Security Standards, CERT-In, etc.  Nation states, non-state actors, and individuals are at a peer level, all capable of waging attacks. This increases vulnerability of critical infrastructure.  Spam, trolls etc are emerging threats because of uncontrollable speed and reach of internet. They spread virus secretly and rapidly. Apart from still existing threats like phishing, card skimming, hacking, trojans etc, emerging threats like Distributed Denial of Service, ransomware, data theft etc are affecting big companies and government bodies, comprising the critical infrastructure of the country and compromising the safety of our citizens. GOVERNMENT STRATEGY Most equipment and technology for setting up Cyber Security infrastructure in India are currently procured from global sources. These systems are vulnerable to cyber threats just like any other connected system. So, the government is working on developing own infrastructure, like:  The New Media Wing (NMW) and the Electronic Media Monitoring Centre (EMMC) come under the Ministry of Information and Broadcasting (MIB) and are involved in media surveillance. The EMMC reports breaking news aired on networks to the National Security Advisor and the Principal Secretary to the PM. The NMW tracks the internet, including microblogs etc., to government relevant trends and gauge public opinions.  Most of the institutes under the Ministry of Home Affairs (MHA) also fall in this category. The National Intelligence Grid (NATGRID) which keeps all sorts of citizen data in a single database that can be accessed by officers from RAW, CBI, IB etc., comes under the MHA. The National Cyber Coordination Center (NCCC) and the National Crime Records Bureau (NCRB) also come under this ministry.  Other than this, the Home Affairs Ministry directly controls the Intelligence Bureau (IB), the National Investigation Agency (NIA), the Central Bureau of Investigation (CBI) and the Narcotics Control Bureau (NCB). All institutes under the MHA are in charge of internal security in some capacity. The NCB and IB are exempted under RTI.  The Ministry of Communication and Information Technology controls CERT-In, the Indian Computer Emergency Response Team that performs emergency cybersecurity functions and releases annual reports of security incidents. The proposed National Media Analytics Centre (NMAC) and Digital Swachhata Kendra (DSK) will also come under the 16

MCIT. NMAC will monitor and analyse content on the internet and counter negative content, while DSK will look to deal with malware and botnets.  Department of Electronics and Information Technology (DEITY): Operating under the MCIT, DEITY is responsible for ensuring cyberspace security, other than delivering government services online and promoting the IT sector. It is directly responsible for institutes like UIDAI which operates the Aadhaar database, to NIXI, the National Internet Exchange of India.  Following organisations work under PMO, in the area of cybersecurity: i. National Security Council (NSC) which directly controls the National Security Council Secretariat (NSCS), Strategic Policy Group (SPG) and National Security Advisory Board (NSAB). ii. The Cabinet Committee on Security (CCS) through which decisions like the formation of a new body, or response after an attack, have to go through. iii. The Research and Analysis Wing (RAW) which is responsible for international intelligence collection. iv. National Technical Research Organisation (NTRO), which is directly responsible for the National Institute of Cryptology Research and Development as well as the National Critical Information Infrastructure Protection Centre.  The Central Economic Intelligence Bureau (CEIB) operates under MoF. It directly controls various intelligence agencies that deal with economic offences. Institutes which focus on external cyber security:  Global Cyber Issues Cell operates under the direct control of the Ministry of External Affairs (MEA). This cell tracks the international processes that affect national policy making.  The National Information Board (NIB), a policy making body for cybersecurity, operates independently and is chaired by the National Security Advisor. Established in 2002, it deals with issues related to surveillance and cyber crime. 17

Apart from this, we have our own Cyber Security Policy, 2013 Its aim is to protect information and information infrastructure in cyberspace, build capabilities to prevent and respond to cyber threats, reduce vulnerabilities and minimize damage from cyber incidents through a combination of institutional structures, people, processes, technology and cooperation. Following are its components:  Creating a secure cyber ecosystem by designating a National nodal agency to coordinate all matters related to cyber security in the country, encouraging private and public organisations for establishing an institutional framework and preventing recurrence of cyber incidents. Also, encourage organisations to opt for trustworthy software and hardware.  Creating an assurance framework by adopting global best practices and setting safety standards. We will alsp identifying and classifying information infrastructure facilities and assets with respect to risk perception.  Encouraging Open Standards to facilitate interoperability and data exchange among government and private bodies.  Strengthening the Regulatory framework  Creating mechanisms for security threat early warning, vulnerability management and response to security threats. Even the 24X7 CERT-In was formed under this Policy.  To implement Cyber Crisis Management Plan for dealing with cyber related incidents impacting critical national processes or endangering public safety and security of the Nation, by way of well coordinated, multi disciplinary approach at the National, Sectoral as well as entity levels.  Securing E - Governance services through wider usage of Public Key Infrastructure (PKI) within Government for trusted communication and transactions. Recently, ISRO launched specific communication satellites for the defence forces.  Protection and resilience of Critical Information Infrastructure through a 24x7 National Critical Information Infrastructure Protection Centre (NCIIPC) to function as the nodal agency.  Promotion of Research & Development in cyber security  Human Resource Development by fostering education and training programs both in formal and informal sectors to support the nation‘s cyber security needs and build cyber security training infrastructure across the country through PPP.  Creating Cyber Security Awareness  Information sharing and cooperation with other countries and among government departments. 18

DATA SECURITY Recently, government-appointed committee headed by Justice B. N. Srikrishna submitted its report on first-ever law on data security in our country, guided by the GDPR of Europe. Its recommendations can be summarised as below:  The draft takes into account three aspects in terms of data - the citizens, the state and the industry.  The draft bill notes that \"the right to privacy is a fundamental right\". It thus makes it necessary to protect personal data as an essential facet of informational privacy.  Data - Critical personal data of Indian citizens should be processed in centres located within the country.  Central government will notify categories of personal data that will be considered as critical. Other personal data may be transferred outside the territory of India with some conditions.  However, at least one copy of the data will need to be stored in India. For data processors not present in India, the Act will apply to those carrying on business in India. It may also include other activities such as profiling which could cause privacy harms to data principals in India.  Violation - The draft also provides for penalties and compensation for violations of the data protection law. The penalty would be Rs.15 crore or 4% of the total worldwide turnover of any data collection/processing entity, for violating provisions. Failure to take prompt action on a data security breach can attract up to Rs.5 crore or 2% of turnover as a penalty.  Consent - Processing of sensitive personal data should be on the basis of ―explicit consent‖ of the data principal. The consent should be given before the commencement of the processing.  The law will not have retrospective application.  Anonymisation - It is the irreversible process of transforming personal data to a form in which a data principal cannot be identified. Notably, the provisions of the draft shall not apply to processing of anonymised data. However, anonymisation should meet the standards specified by the Authority. 19

 Right to be forgotten - The data principal will have the right to restrict or prevent continuing disclosure of personal data by a data processor. But the bill does not allow for a right of total erasure as the European Union does. Also, it gives a data processor considerable space in deciding on this ‗right to be forgotten.‘  Implementation - The law will come into force in a structured and phased manner. The draft has recommended setting up a Data Protection Authority to prevent misuse of personal information. The draft Bill also provides for setting up an Appellate Tribunal. CONCLUSION In times of increasing cybercrime, we are already lacking in required laws to protect the valuable data of our citizens. Today, data is the new oil. Large MNCs are exploiting it to earn money and may even misuse it. SC decision in the Puttaswamy case has opened doors for new regulations and a broader security system. 20

TERRORISM According to the FBI, ―Terrorism is the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.‖ The international community has not yet reached a formal definition of terrorism. Since 1970 till date, the Indian subcontinent has been impacted by large number of terrorist attacks: From Taj Hotel attacks in Mumbai to Pathankot attacks or Uri attack, India has been at the receiving end of cross border terrorism from land as well as ocean, more so because of tense relations with neighbours and geostrategic location in the Rimland. REASONS FOR TERRORISM  Indoctrination: The religious belief has become a key means of indoctrinating and training would-be terrorists. Extremists use websites and social media to recruit and radicalise individuals through videos and propaganda.  Technology: Sophisticated means of communication- electronic media, print media, social media, and internet helps in faster promotion of terrorist ideology and hate campaign across 21

international borders. Websites and social media messages are used to provide advice and instructions on how to plan and prepare for attacks, acting as a \"virtual training camp\" or ideas forum. Other technologies available to conduct acts of terror are mobile phones, satellite phones and GPS systems.  Feeling of alienation and deprivation among the local people, violation of human rights, abuse of dignity of life, disconnect with mainstream communities, discontent against government.  Porosity of border with neighbouring countries- Bangladesh, Myanmar, Bhutan, Nepal. Some of it is due to difficult terrain and some are due to bilateral arrangements between the governments.  Links between terrorism and organised crime to earn easy money. Easy availability of arms and ammunition. Terrorist financing by some countries has made matters worse. Recently, even FATF grey listed Pakistan.  Developmental deficit: Unemployed and poor youths with high aspiration become the victim of trap set by the terrorist groups who lure them with short term gains of money, food, clothes, shelter and in return ask them to execute terrorist acts like- suicide car bombing. INDIA‟S COUNTER STRATEGY LEGISLATION  Terrorist and Disruptive Activities (Prevention) Act, Commonly known as TADA, was anti-terrorism law which was in force between 1985 and 1995 under the background of the Punjab insurgency and was applied to whole of India. It came into effect on 23 May 1985. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing unpopularity after widespread allegations of abuse.  Prevention of Terrorism Act, 2002 (POTA): It was an Act passed by the Parliament in 2002, with the objective of strengthening anti- terrorism operations. The Act was enacted due to several terrorist attacks that were being carried out in India and especially in response to the attack on the Parliament. The Act replaced the Prevention of Terrorism Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities (Prevention) Act. The Act was repealed in 2004 by government.  National Security Act, 1980: The National Security Act is a stringent 22

INSTITUTIONAL law that allows preventive detention for months, if authorities are satisfied that a person is a threat to national security or law and order. The grounds for preventive detention of a person include acting in any prejudicial to the interests of the country, overstay by foreigners, etc.  Unlawful Activities (Prevention) Act, 1967: Aimed at effective prevention of unlawful activities associations in India. Its main objective is to make powers available for dealing with activities directed against the integrity and sovereignty of India.  National Investigation Agency (NIA) is a central agency established by Government to combat terror in India, by passing a law in 2008. It acts as the Central Counter Terrorism Law Enforcement Agency. The agency is empowered to deal with terror related crimes across states without special permission from the states. NIA was created after the 2008 Mumbai terror attacks as need for a central agency to combat terrorism was realised.  NATGRID (National Intelligence Grid) is an intelligence sharing network that collates data from the standalone databases of the various agencies and ministries of the government. It is a counter terrorism measure that collects and collates a host of information from government databases including tax and bank account details, credit card transactions, visa and immigration records and itineraries of rail and air travel.  National Security Guard (NSG) is a Special Forces unit under the Ministry of Home Affairs (MHA). It was raised in 1984, following Operation Blue Star and the assassination of Indira Gandhi for combating terrorist activities with a view to protect states against internal disturbances.  Anti-Terrorism Squad (ATS) is a special police force raised to combat terror. It is set up in several states - Maharashtra, Gujarat, Kerala, Uttar Pradesh, Rajasthan and Bihar.  Combating Financing of Terrorism Cell (CFT- Cell) is also created to deal with the policy matters on combating terrorist financing and Fake Indian Currency.  Comprehensive Integrated Border Management System (CIBMS) has replaced manual surveillance/patrolling of the international borders by electronic surveillance to enhance detection and interception capabilities. 23

INTERNATIONAL  India is also a member of FATF (Financial Action Task Force) whose aim is to establish international standards for combating money laundering and terrorist financing.  India since 1996 is trying to push a global intergovernmental convention i.e. Comprehensive Convention on International Terrorism (CCIT) to tackle terrorism. It can provide a legal framework to enhance prosecution and extradition of terrorists.  India and Russia have signed a Memorandum of Understanding on cooperation in combating terrorism in 2002 and a joint working group on Combating International Terrorism meets from time to time.  Japan, along with India condemns terrorism in strongest terms in all its forms and manifestations in the spirit of 'zero tolerance'. The two countries keep calling upon all countries to implement the UNSC Resolution 1267 and other relevant resolutions designating terrorist entities.  India and other countries like USA, Australia, Canada, etc have been supportive of all efforts, particularly in the UN to combat terrorism and play a leading role in shaping international opinion and urging the international community to prioritize the fight against terror. CONCLUSION AND WAY FORWARD To guard against increasing complexity of terrorism in the world and retreat of ISIS from West Asia, India must follow the following steps to protect its interests:  There is a need to reassess our policies on number of issues pertaining to the management of India‘s international borders such as intelligence apparatus, internal security and border management.  Technical solutions are necessary to augment and complement the traditional methods of border guarding.  They not only enhance the surveillance and detection capabilities of the border guarding forces but also improve the impact of the border guarding personnel against infiltration and trans-border crimes.  India should move in the direction of specialisation of military to fight cross-border terrorism. 24

 Military should also look at alternative means to strike at the terror camps across the LoC and LAC through mechanisms like Precision Engagement Capability.  A judicious mix of properly trained manpower and affordable and tested technology is likely to yield better results.  War against terrorism is a low intensity conflict or localized war and cannot be waged without the full and unstinted support of the society and can be lost easily if the morale and resolve of the society to fight against terrorism falters. International collaboration is the need of the hour, with terrorism even spreading to Western countries. India has even increased its surveillance capabilities, especially after the Mumbai terror attacks. New strategies like Surgical Strikes are also important for creating deterrence. 25

REGIONALISM Regionalism is an ideology and political movement that seeks to advance the causes of regions. As a process it plays role within the nation as well as outside the nation i.e. at international level. Both types of regionalism have different meaning and have positive as well as negative impact. At the international level, regionalism refers to transnational cooperation to meet a common goal or to resolve a shared problem or it refers to a group of countries such as-Western Europe, or Southeast Asia, linked by geography, history or economic features. The second meaning of the term is regionalism at national level refers to a process in which sub-state actors become increasingly powerful and power devolves from central level to regional governments. These are the regions within country, distinguished in culture, language and other socio-cultural factors. CAUSES  Regional economic inequality among and within states.  Regional political parties guided by vote bank politics.  Socio-economic and political organisation of states, like varied implementation of land reforms like Bhoodan, Gramdan, etc.  Low level of social and physical infrastructure development in backward states.  Son of the soil doctrine – it explains a form of regionalism, which is in discussion since 1950. According to it, a state specifically belongs to the main linguistic group inhabiting it or that the state constitutes the exclusive homeland of its main language speakers, who are the sons of the soil or local residents. Regionalism can further lead to demand for statehood among states, and further division of India. The argument is that similar socio-economic-cultural conditions and smaller size will lead to better development, good governance, infrastructure, etc. Examples are given in the following map: 26

27

IMPACT OF REGIONALISM NEGATIVE POSITIVE  Serious threat to development of the country as a whole.  Self determination to the people of that region.  Threat of balkanisation.  Coalition government and alliances  Community integration and harmony within the group. disturb stability of politics and governance.  Tribal identity is conserved and their  It also becomes a hurdle in international development promoted. dialogue, like in case of West Bengal and Bangladesh, or Sri Lanka and Tamil  Push for balanced regional development. Nadu.  Regional political parties take up regional  The regionalism induced violence disturbs the whole society, people are issues at par with national issues, killed, students cannot attend the schools representing even the weakest sections of & colleges, tourism cannot be promoted, people. etc.  Regionalism can become a shield for militancy, extremism to create an internal security threat. Kashmir militancy is an example of this type of regionalism. CONCLUSION We have seen how regionalism could be good or bad for a nation as well for group of nations. Constitution of India under Article-19, gives every citizen a fundamental right to move around and settle down peacefully any part of the country. And, as citizen of India everyone should respect this fundamental right of every person, avoiding clashes like Shiv Sena does in Maharashtra. The need of the hour is to develop each region of India, through devolution of power to local governments and empowering people for their participation in decision-making. The governments at state level need to find out the alternative resources of energy, source of employment for local people, use of technology in governance, planning and for agriculture development. The 12th five year targets for faster, sustainable and more inclusive growth, which will be instrumental for balanced regional growth. 28

ECONOMIC CRIMES NCRB data shows that in the past decade economic crimes like fraud, breach of trust, money laundering, etc have increased drastically. Money Laundering refers to the conversion or ―Laundering‖ of money which is illegally obtained, so as to make it appear to originate from a legitimate source. Money Laundering is being employed by launderers worldwide to conceal criminal activity associated with it such as drug / arms trafficking, terrorism and extortion. One reason can be increased reporting due to NPAs disclosure. It is evident in the recent cases of fugitive economic offenders like Nirav Modi, Vijay Mallya, etc. Government has taken several steps to control activities like counterfeit currency, smuggling, money laundering, black money, etc with few results. GOVERNMENT INITIATIVES India has different laws to tackle smuggling, narcotics, foreign trade violations, foreign exchange manipulations and also special legal provisions for preventive detention and forfeiture of property, which were enacted over a period of time to deal with such severe crimes. Government steps can be listed as follows: STATUTORY  Criminal Law Amendment Ordinance (XXXVIII of 1944): Under this law, police can get the proceeds of crime relating to bribe, breach of trust and cheating confiscated by an order of attachment and on completion of the criminal prosecution can get an order from court forfeiting the proceeds.  The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976: According to this law, there is a penalty of illegally acquired properties of smugglers and foreign exchange manipulators and for matters connected therewith and incidental thereto. Under this Act, no person shall hold any unlawfully acquired property either by himself or through any other person on his behalf.  Foreign Contribution (Regulation) Act, 1976 under which the Central government regulates flow of funds to various organizations. If the Central government thinks any organization is acting against national interest, it can block its funds.  Unlawful Activities Prevention Act, 1967 to regulate both legitimate and illegitimate sources of money.  Prevention of Money-laundering Act, 2002 (PMLA): It prescribes obligation of banking companies, financial institutions and 29

INSTITUTIONAL intermediaries for verification and maintenance of records of the identity of all its clients and also of all transactions and for furnishing INTERNATIONAL information of such transactions in prescribed form to the Financial Intelligence Unit-India (FIU-IND). The Act provides that whosoever CONTEMPORARY directly or indirectly attempts to pamper or knowingly assists or MEASURES knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property, shall be guilty of offences of money-laundering.  Benami Transactions Amendment Act, 2016 to curb black money within the country.  Directorate of Enforcement: work relating to investigation, attachment of property/proceeds of crime relating to the scheduled offences under the Act and filing of complaints etc.  Financial Intelligence Unit: FIU-IND is an independent body reporting directly to the Economic Intelligence Council (EIC) headed by the Finance Minister. Apart from information collection and processing, it also coordinates national and international efforts in controlling money laundering.  FATF – Financial Action Task Force - as an inter-governmental body to set global standards to combat money laundering. It also works towards facilitating information sharing, controlling BEPS (base erosion and profit shifting) and terrorist financing, eg: recent grey listing of Pakistan.  UN Conventions like Counter-Terrorism Implementation Task Force, Counter-Terrorism Committee, etc also facilitate international cooperation.  We recently signed Double Taxation Avoidance Agreements with China, Iran and even some tax haven countries.  Demonetisation and digitisation of economy, with push for financial inclusion: all these will lead to formalisation of the economy and prevent a parallel economy.  Crackdown on wilful defaulters at banks.  Fugitive Economic Offenders Act: under the Act, a FEO is defined as a person who has fled the country to escape charges and refuses to return to India. It enables confiscation of all property of the person – even the one outside India, and functions under the provisions of PMLA. 30

CONCLUSION With increasing complexity of crime and global integration, we must work on more and more DTAAs and Information sharing Agreements with countries to control economic crimes and at the same time, simplification of tax regime to control tax evasion. 31

NORTHEAST ISSUES North East India, comprising of 8 sates, is connected to the Indian mainland by a small corridor – Silghuri Corridor (also known as Chicken Neck – with a narrow width of only 23 kilometers. About 99% of the 6387 km border of this Region is international border along Bangladesh, Myanmar, China and Bhutan. It makes up close to 40% of India‘s land borders with its neighbours. It thus has an extraordinarily important international strategic dimension and is a vital part of the nation‘s defence architecture. It acts as a bridge to South East Asia, including southern China. North East is also endowed with huge natural resources (oil, gas, coal, hydro, fertile land, etc) which can be harnessed for nation development. A historical background of the North-East Pre-independence era: During the British era, the tribal groups constituted an overwhelming majority of the population in most of the areas they inhabited. Outsiders were not allowed to acquire land in the tribal areas. At the same time, the British government supported the Christian missionaries to move in and establish schools, hospitals and churches. 32

There was a virtual absence of any political, cultural, social, geographical, religious or business contact of the tribals in the North-East with the rest of the India. So India‘s freedom struggle had very little impact on the tribals. Post-independence era: The sixth schedule of the Indian Constitution provided for self rule, autonomy and decentralisation in the region. Thus district and regional councils were created. Initially, there was only one state of Assam and one Union Territory NEFA (North East Frontier Agency) covering the whole of north-east. While NEFA was developing comfortably and in harmony with the rest of the country, problems developed in other tribal areas which were a part of Assam administratively. The tribals were afraid of losing their identity and being assimilated by the policy of Assamization in government jobs and other professions. There were demonstrations and a major agitation developed. In 1969, Meghalaya was carved out of Assam as a ‗state within a state‘. Finally, Meghalaya, Manipur, and Tripura were granted statehood in 1972. Meanwhile, secessionist movements developed in Nagaland and Mizoram. Nagaland was granted statehood in 1963 itself, while Mizoram became a state in 1987. Also, NEFA was renamed as Arunachal Pradesh and granted the status of a separate state in 1987. DIFFERENCE BETWEEN INSURGENCY, TERRORISM, MILITANCY AND EXTREMISM Militancy is a condition which experiences the use of violence, being combative or predisposed to fight. Militants can include any individual or group which takes to violence. This need not only include terrorists and insurgents, but also religious groups which take to violence to further their beliefs. Extremism is a state wherein a person or an organisation holds extreme political or religious views. If one were to compare these terms, an extremist may not necessarily be committing a crime under the law. A number of groups, political and religious, fall under this category, for instance, the separatists in Kashmir and Maoist supporters. Insurgency: The Indian Sub Conventional Doctrine defines insurgency as ―an organised armed struggle by a section of the population against the state, usually with foreign support. Possible causes of an insurgency including ideological, ethnic or linguistic differences; or politico-socio- economic reasons and/or fundamentalism and extremism.‖ 33

An insurgency may have within its fold both militant groups supporting it as also extremists who propagate its ideology. But, insurgents are our own citizens, whereas terrorists may not always be our own citizens. PRESENT SITUATION OF INSURGENCY IN THE NORTH-EAST The security situation in some of the north-eastern states has remained complex for a long time because of a number of militant outfits and their diverse demands. Assam, Manipur and Nagaland have continuously been a point of worry. The Government has steadily followed a policy of dialogue and negotiations with any outfit which agrees to forego the path of violence and come forward for peace talks within the constitutional framework of India. In general, the security situation in most of the north-eastern states has shown considerable improvement during the last 5 years. Specific reasons and peace efforts in each of the North-eastern state have been explained below: NAGALAND The Nagas believe that they were not part of India, whether through conquest or consent. The Nationalist Socialist Council of Nagaland (NSCN) is a Naga nationalist group operating in North- east India. The main aim of the organisation is to establish a soverign state, ―Nagalim‖ unifying all the areas inhabited by the Naga people in Northeast India (Nagaland, parts of Manipur, Assam and Arunachal Pradesh), China and Burma (Myanmar). Issues:  Clashes among different tribal groups and factions, giving varied demands to the government making it difficult to negotiate.  Presence of underground groups that deal in extortion, arms, drugs, smuggling etc.  Parallel government 34

Peace Efforts The govt of India and Naga insurgent group NSCN (IM) signed a peace accord on 3 August 2016. However, this is only a framework agreement. The details of the accord are yet to be fleshed out. It is likely to be followed by more detailed agreements and negotiations. The agreement and its secrecy has even created restlessness among the neighbouring states, though the Centre has assured them that no part of their territory will be reduced. Now, the death of two prominent leaders – Isac Muivah and Khaplang, has changed the negotiation scenario in the state. ASSAM The perceived threat to the political identity of the Assamese people from the illegal migrants from Bangladesh lies at the core of the Assam problem. The indigenous people of Assam feel that in future the illegal migrants will become the majority population and they will lose political power. Various districts in Assam also have statehood demands, like Bodoland, Karbi Anglong, Dimaraji and Kamtapur. In July 2012, violence broke out with riots between indigenous Bodos and Bengali-speaking Muslims (who were suspected to be illegal Bangladeshi muslims). Violence in Assam later had its repercussions in other parts of India, Azad maidan riots in Mumbai, Rumour mongering (via sinister SMSs) triggered exodus of NE Indians. A movement that started demanding the deportation of the illegal migrants also witnessed the birth of the militant outfit the United Liberation Front of Assam (U.L.F.A.) in 1979. The other groups that formed are Bodo Liberation Tigers, National Democratic Front of Bodoland (N.D.F.B.) and the United People‟s Democratic Solidarity (U.P.D.S.). Today, NRC process is going on after SC direction to implement the Peace Accord signed between Rajiv Gandhi government and Asom Gang Parishad. In this, persons (or their descendants) who appear in the NRC, 1951, or in any of the Electoral Rolls up to the midnight of 24 March 1971 or in any one of the other admissible documents issued up to mid-night of 24 March 1971, which would prove their presence in Assam or in any part of India on or before 24 March 1971 are included. Major issues in the process are:  People do not have old data to prove their identity.  Poor appeal mechanism due to non-functioning foreign tribunals.  It is not clear whether the identified illegal migrants will be deported to Bangladesh and if yes, how. 35

MANIPUR The people of Manipur include the Meitei tribe, the Kuki tribe and the Naga tribe. Meitei tribe forms about 60% of the total population and lives in the plains while Nagas and Kukis live in the hill districts. Militancy originated in protest against the forcible merger of the former Manipur Kingdom with India. United National Liberation Front formed in 1964, with an objective of ending the discrimination against Manipur, which was accorded statehood only in 1972 nearly 23 years after its merger. Issues:  There are more militant groups in the states than anywhere else and the rivalry between these outfits often leads to greater violence.  The situation is further complicated because insurgent groups are not united for the same cause. The Nagas wish to annex a part of Manipur and merge with a greater Nagaland or Nagalim, which is in conflict with Meitei insurgents‘ demands for an independent state.  Unlike other conflict theatres of the Northeast, not many „surrenders‟ have been reported from Manipur, thus indicating the tight control that the outfits have maintained over their cadres.  Also, non-Manipuris are being targeted increasingly in Manipur. In June 2015, 18 Indian Army jawans were killed and several others were injured when suspected militants ambushed their convoy in Manipur‘s Chandel district. In response to the killing of 18 of its troops by militants in Manipur, the Indian Army in one of its biggest covert missions sent troops into Myanmar to strike at two camps and, according to official estimates, killed over 20 suspected militants. Even the border town of Moreh is a troubled zone because of conflict with Myanmar. Another issue is the demand by Manipuris for the ILP – Inner Line Permit, which will make it difficult for outsiders to enter the state. 36

MEGHALAYA The Meghalaya state was carved out of the Assam state, with an aim to address the unique needs of the major tribes in the region: the Garos, the Jaintias and the Khasis. The rise of aspirations of tribal autonomy led to the emergence of several insurgent groups in the state, like Garo National Liberation Army (GNLA ) and Hynniewtrep National Liberation Council (HNLC). Meghalaya is perhaps the least affected by insurgency in the north-east region. Problems in Meghalaya arise from the divide among various tribes as well as the divide between tribal and non tribal settlers, identity issues and growing corruption, besides the sharp changes in demography due to Bangladeshi infiltrators. Also, criminal activities like extortion and drugs smuggling are a major concern in the region. The state lies in a major smuggling route between Bangladesh and India. Recently, a communal issue erupted between the Khasis and Punjabi Dalits (Dhkars), resulting into widespread violence and also impacting tourism, especially in Scotland of the East – Shillong. The Dhkars reside in the Punjabi Lane aka the Sweeper‘s Lane. They first moved into the city even before the 1857 revolt happened. The British expanded their footprints all over India and set up their bases in Shillong during the 1850s. The British had brought Dalits from Punjab for manual scavenging as the locals would not do the job for the Civic and Military Sanitaria that they established in Shillong. The residents of Punjabi Lane claim that the local Syiem (head) of Mylliem (village) had given them the piece of land in 1853 to settle there permanently. But, with government‘s crackdown on manual scavenging, declaration of the area as an illegal colony by the Autonomous District Hill Council and allegations of criminal activities by the Khasis, the Dhkars are at the brink of eviction and relocation which they are resisting. Even, illegal activities of rat-hole mining in the state, especially near Lyetin river have attracted government attention after a major accident in December 2018. 37

ARUNACHAL PRADESH The people of three eastern districts of Arunachal Pradesh, namely Tirap, Changlang and Longding live in perpetual fear due to presence of cadres of two NSCN factions in the area, who resort to kidnapping, extortion and factional feuds. These three districts are a part of NSCN-IM‘s projected state of Nagalim (Greater Nagaland). Arunachal Pradesh has also been used as a transit rout by the ULFA (United Liberation Front of Asom). The only case of indigenous insurgency movement in Arunachal Pradesh was the rise of the Arunachal Dragon Force (ADF), which was rechristened as East India Liberation Front (EALF) in 2001. Arunachal Pradesh has also been at the heart of India v/s China border conflict, where China claims large parts of the state as its own. These issues erupt occasionally when Indian leaders visit the state, issue of stapled visas by China to Indians, etc. AFSPA In simple terms, AFSPA gives armed forces the power to maintain public order in ―disturbed areas‖. They have the authority to prohibit a gathering of five or more persons in an area, can use force or even open fire after giving due warning if they feel a person is in contravention of the law. If reasonable suspicion exists, the army can also arrest a person without a warrant; enter or search premises without a warrant; and ban the possession of firearms. Any person arrested or taken into custody may be handed over to the officer in charge of the nearest police station along with a report detailing the circumstances that led to the arrest. What is a “disturbed area” and who has the power to declare it? A disturbed area is one which is declared by notification under Section 3 of the AFSPA. An area can be disturbed due to differences or disputes between members of different religious, racial, language or regional groups or castes or communities. 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. 38

39

REVIEW OF THE ACT‟S CONSTITUTIONALITY There were questions about the constitutionality of AFSPA, given that law and order is a state subject. The Supreme Court has upheld the constitutionality of AFSPA in a 1998 judgement (Naga People‟s Movement of Human Rights v. Union of India). In this judgement, the Supreme Court arrived at certain conclusions including (a) a suo-motto declaration can be made by the Central government, however, it is desirable that the state government should be consulted by the central government before making the declaration (b) AFSPA does not confer arbitrary powers to declare an area as a ‗disturbed area‘ (c) the declaration has to be for a limited duration and there should be a periodic review of the declaration 6 months have expired (d) while exercising the powers conferred upon him by AFSPA, the authorised officer should use minimal force necessary for effective action (e) the authorised officer should strictly follow the ‗Dos and Don‘ts‘ issued by the army. CONCLUSION Therefore, considering the sensitive internal and external security position of India, AFSPA is here to stay. But SC guidelines must be followed strictly. Also, a balance between security and human rights must be maintained. 40

COMMON SOLUTIONS FOR NE STATES INSURGENCY INSURGENCY  Thorough background check of all insurgents groups should be carried out before the central government enters into any Ceasefire or Suspension of Operations Agreements with the insurgents. POLITICAL  Political solutions to the Assam problem should be discussed openly as widely as possible to avoid backlash from the tribal and the minority population of the state.  A system of work permit should be issued so that the illegal Bangladeshi migrants do not end up as Indian citizens.  The Autonomous District Councils should be empowered.  Governance should be improved in a step by step manner. Strict supervision by senior officials should be initiated to improve the delivery system of the government. DEVELOPMENTAL  The Ministry of the Development of the North East region (DoNER) be merged with the North East Council (NEC) for better strategic planning and coordination of various developmental projects in the region.  Focus of the Ministry of DoNER and NEC should be on investment in mega-projects which will make big difference to the development of the region.  Institutional capacities in the North east should be developed urgently.  Pragmatic land use policy should be formulated for attracting industries in the region. Micro, small and medium enterprises should be encouraged.  Local tourism should be promoted. Tourists residing in the eight North Eastern states should be encouraged to travel within the region.  Niche tourism or high end tourism should be encouraged. Medical and higher education tourism should be encouraged.  The North east should become a single economic unit without disturbing the political boundaries of the states. No internal traffic barriers in the region. Exclusive five year plan for the North east focusing on development of infrastructure.  Inclusion of tribals through spread of education via KVs and Jawahar navodaya Vidyalayas, community radio like Bultu, etc. 41

LOOK EAST  Greater awareness about the Look East Policy and its benefits to the POLICY North East should be generated among the policymakers and the intelligentsia of the region. BORDER ISSUES  Ties with Myanmar should be deepened by exploiting Myanmar‘s anxieties about China as well as existing deep civilization and spiritual ties.  The North East region must be included in the India-ASEAN Vision for trade and cooperation. Development Plan for the North East should factor India-ASEAN strategic cooperation.  Integrated and bottom up approaches are required for integration of the North east in the Look East Policy. The North East should formulate plans as to how it can engage with the ASEAN. Better coordination of efforts by all the Northeastern states should be ensured.  Visa offices of Bangladesh and Myanmar should be located in the North East.  Centres/Departments for the studies of neighbouring countries like Myanmar, Bangladesh, Tibet, Bhutan and Nepal in Universities should be set up in universities to understand India‘s neighbours better.  Special economic zones along India-Bangladesh border, especially in Meghalaya and Assam should be set up.  States should focus more on the development and security of the border areas.  Sentiments of the people of Arunachal Pradesh should be taken into consideration by the central government while discussing the frameworks for resolution of the border dispute with China.  Matching infrastructure and military capability should be build to ensure peace and enable negotiations from a position of strength. 42

SEDITION Although sedition was originally a part of the IPC, as drafted by Thomas Macaulay, it was bizarrely dropped from the law when it was enacted in 1860. A decade later, the offence was introduced into the IPC as Section 124-A, following explicit recognition from the colonial government that the earlier omission was based on a mistake. The provision, as it reads today after some amendments, defines sedition as any action — whether by words, signs or visible representation — which ―brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India‖. Tellingly, the section also contains a clarification to the effect that the word ―disaffection‖ includes disloyalty and all feelings of enmity. This definition of sedition, as is only plainly evident, is exceedingly broadly worded. Its vagueness certainly did wonders for the colonialists. They famously used the clause in three separate, successful trials of Bal Gangadhar Tilak, and, also, later, in prosecuting Mahatma Gandhi in 1922. After the Constitution was adopted in 1950, it appeared Section 124-A would soon be denounced as an abhorrent relic of our colonial past. After all, efforts made by some members of the Constituent Assembly to include sedition as an express ground for limiting speech in Article 19(2) had been successfully resisted. Today, the same section is being used to suppress dissent and curb free speech. In fact, the British who introduced this law have abolished it in their country. In spite of two different High Courts having found sedition unconstitutional, in 1962, the Supreme Court upheld Section 124-A, in Kedar Nath Singh v. State of Bihar, in the interest of maintaining public order. From writers to poets, student activists, even politicians (like recently in J&K) have been charged under the Section. In 2015, in Shreya Singhal v. Union of India, the court ruled that speech howsoever offensive, annoying or inconvenient cannot be prosecuted unless its utterance has, at the least, a proximate connection with any incitement to disrupt public order. Law Commission under B.S. Chauhan also recommended redefining or doing away with Section 124A in the ―largest democracy of the world, considering that right to free speech and expression is an essential ingredient of democracy.‖ It is high time the majority government of the day took the bold step of removing it in the interest of the citizens, or redefine it to prevent misuse for harassing honest critics of the government. 43

MOB VIOLENCE AND INTOLERANCE Over the past few years, there have been increasing incidents of loss of life and property due to mob violence – whether it be in Jharkhand over rumours of child kidnapping, in UP and Rajasthan by cow vigilantes, in Kashmir by violent crowds or over reservation by Jats in Haryana. Mob violence can be seen as a reflection of the displacement of responsibility by the state, which blames people for taking law into their own hands, and by citizens, who justify their actions on state inaction. Causes for Increasing Mob Violence o Motivated rumours spread through social media which acts as an anonymous force multiplier. o Climate of impunity - Mob violence and vigilantism happens because criminals expect to get away with it. State deterrence is not perceived to be credible, especially when policemen are rendered as mere by-standers at the scene of violence. o General erosion of law and order situation - inadequate response to societal disorder, and its inability to aggressively prosecute those involved in vigilante killings further encourages mob violence. o Silence by society – People who are mute witnesses to such incidents, are just as responsible when they stay away from expressing their disapproval to such incidents for the fear of being caught in the cross-fire. o Increasing rightist tendencies and intolerance leading to cow vigilantism have also added to the problem, where life of animals is considered more important than that of humans. Consequences of increasing Mob Violence o There is deficit of justice when incidents of lynching across states happen, without those responsible being held accountable. o There is perversion of democracy, which confers upon the people an absolute monopoly on violence. o Mob Violence threatens the very existence of dignified and meaningful existence in India enshrined in one of the Fundamental rights i.e. Right to Life (Article 21). 44

CONCLUSION AND WAY FORWARD Therefore, there is need for comprehensive police reforms and efficient criminal justice delivery system which acts as a deterrence to people from resorting to mob violence in the name of justice. Supreme Court warned us of MOBOCRACY and urged the government to pass legislation to make it a separate offence. SC guidelines include preventive, remedial and punitive steps: 1. The state governments shall designate a senior police officer in each district for taking measures to prevent incidents of mob violence and lynching. 2. The state governments shall immediately identify districts, sub-divisions and villages where instances of lynching and mob violence have been reported in the recent past. 3. The nodal officers shall bring to the notice of the DGP any inter-district co-ordination issues for devising a strategy to tackle lynching and mob violence related issues. 4. It shall be the duty of every police officer to cause a mob to disperse, which, in his opinion, has a tendency to cause violence in the disguise of vigilantism or otherwise 5. Central and the state governments should broadcast on radio and television and other media platforms including the official websites that lynching and mob violence shall invite serious consequence. 6. Curb and stop dissemination of irresponsible and explosive messages, videos and other material on various social media platforms. Register FIR under relevant provisions of law against persons who disseminate such messages. 7. Ensure that there is no further harassment of the family members of the victims. 8. State governments shall prepare a lynching/mob violence victim compensation scheme. 9. Cases of lynching and mob violence shall be specifically tried by designated court/fast track courts earmarked for that purpose in each district. The trial shall preferably be concluded within six months. 10. To set a stern example in cases of mob violence and lynching, the trial court must ordinarily award maximum sentence upon conviction of the accused person. 11. If it is found that a police officer or an officer of the district administration has failed to fulfill his duty, it will be considered as an act of deliberate negligence. In fact, two states – Manipur and Rajasthan – have recently passed laws against mob lynching, providing for penalties for the culprits as well as rehabilitation for the victims and their families. Other states like Madhya Pradesh, UP, etc have also expressed intent to pass such legislations in near future to restore law and order. 45

VARIOUS SECURITY FORCES AND THEIR MANDATE Article 355 of the Constitution enjoins the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution. There are external and internal threats to security of India and different specialized forces of India deal with these threats. The external threats are handled often by the Armed Forces under the Ministry of Defense, while internal threats are managed by the Ministry of Home Affairs. Safety and security of a country as vast as India with troubled borders, long coastline and internal disturbances too, a multitude of security agencies are needed, with varied well-defined areas of operation. They can be enumerated as: ARMED FORCES The Indian Armed Forces are the military forces of India. The defence services in India consist of three uniformed services - Indian Army, Indian Navy and Indian Air Force. The Indian Armed Forces are supported by the Indian Coast Guard, paramilitary forces, and various other organizations. The supreme commander of the Indian Armed Forces is the President of India. All three services report to the Ministry of Defence. They usually work to contain external threats to India‘s sovereignty and territorial integrity. INDIAN ARMY  Indian Army or Bhartiya Thal Sena is the land-based component of the armed forces.  It is evolved from the armed forces of the East India Company, ultimately turned into the British Indian Army and the Indian Army after independence.  It is commanded by the Chief of Army Staff (COAS).  It is considered as the second largest active army in the world.  The mission of the Indian Army is to guarantee the national security and defend the sovereignty, territorial integrity and harmony of India from external aggression and intimidation. 46

INDIAN NAVY  It also includes providing humanitarian support and aid to the common people during natural disasters and unexpected time. INDIAN AIR FORCE  The Para Commandos are the most well known of the Indian Army‘s Special Forces. It undertakes operations behind enemy lines, anti-terrorist and counterinsurgency missions as well as rescue operations during natural disasters.  India has a coastline of 7516 km. The Indian Navy secures India‘s maritime borders and interests.  It also safeguards Indian trading vessels by combating piracy on the high seas.  Along with this, it provides assistance to the common people during disasters.  The Indian Navy operates three Commands- the Eastern command (Vizag), Western command (Mumbai) and Southern Command (Kochi).  The Naval forces are used to support the foreign policy objectives, to build ‗bridges of friendship‘ and strengthen international cooperation.  The Marine Commando Force (MCF), also known as MARCOS is a Special Forces unit of the Indian Navy. It is involved in anti-terrorist, anti-piracy and special operations.  The Indian Air Force was officially established on 8 October 1932. It was known as the Royal Indian Air Force in recognition of its services during the Second World War. After Independence, the term ‗Royal‘ was omitted.  It is considered as the 4th largest Air force in the world. It has been involved in four wars with Pakistan and the People‘s Republic of China.  The primary responsibility of the Indian Air Force is to secure the Indian airspace and to conduct aerial warfare during a conflict.  Apart from the wars of independent India and humanitarian work, it has participated in many United Nations peacekeeping missions.  The Air Force Network (AFNET) launched in 2010, is a digital information grid that enabled quick and accurate threat responses. It is a fibre optic-based network on which the Integrated Air Command and Control System.  The Garud Commando Force is the special forces unit of the Indian Air Force, engaged in tasks such as airfield protection during conflicts, suppression of enemy air defence, search and rescue of downed aircrew and humanitarian aid during disasters. 47

INDIAN COAST  The Indian Coast Guard was established on 18 August 1978 as a GUARD sovereign armed force of the country. It protects the country‘s maritime interests and maritime law enforcement.  It has jurisdiction over both territorial and international waters. This includes both contiguous zone and exclusive economic zone.  It works in close cooperation with the Indian Navy, Department of Revenue (Customs), Department of Fisheries, and the Central and State police forces. CENTRAL ARMED POLICE FORCES Central Armed Police Forces were formerly referred to as Paramilitary Forces. From March 2011, the Ministry of Home Affairs adopted a uniform nomenclature of Central Armed Police Forces to avoid confusion. There are seven central armed police forces. Each of these forces perform a separate function. They operate under the Ministry of Home affairs. Each of the forces is led by an IPS officer with the notable exception of the Assam Rifles which has been covered under paramilitary forces. BORDER SECURITY  The BSF are the border guards of the country and are called the ‗First Wall FORCE (BSF) of Defense of Indian Territories‘.  This Union Government Agency, under the administrative control of Ministry of Home Affairs, came into being in the wake of the 1965 Indo- Pakistan war.  Its operational responsibility is spread over 6385.36 kms. of international border along Indo-Pakistan, Indo-Bangladesh borders. BSF is also deployed on LoC in J&K under operational control of the Army.  BSF is the only Central Armed Police force to have its own Air Wing, Marine Wing and artillery regiments, which support the General Duty Battalions in their operations.  It ensures the security of the borders of India and headed by an officer from the Indian Police Service.  It also undertakes defensive actions during wartime to free up Indian Army troops for offensive operations.  Of late, the BSF has also been tasked with assisting the CRPF and army in counter insurgency operations. 48

CENTRAL  Central Industrial Security Force (CISF) was established in 1969. It INDUSTRIAL provides integrated security cover to the Public Sector Undertakings, SECURITY FORCE airports and SEZs on a case to case basis. (CISF)  The specialized task of airport security was assigned to CISF in the wake of CENTRAL RESEVE hijacking of Indian Airlines plane to Kandhar. POLICE FORCE (CRPF)  The charter of CISF has been expanded to provide security cover to VIPs as well as to provide technical consultancy services relating to security INDO-TIBETAN and fire protection to industries in public and private sectors. BORDER POLICE (ITBP)  It is currently providing security cover to nuclear installations, space establishments, airports, seaports, power plants, sensitive Government buildings, heritage monuments and large special economic zones.  The Central Reserve Police Force was established by the enactment of the CRPF Act in 1949. Initially, it came into existence as Crown Representative‟s Police in 1939 for internal security.  Till 1965, CRPF guarded the India- Pakistan border.  The primary mission of the Central Reserve Police Force is counter insurgency operations.  It also assists the State and Union Territories in police operations to maintain law and order.  Apart from this, the force participates as a police force in the UN peace-keeping missions.  The CRPF maintains a special forces unit known as Commando Battalion for Resolute Action (COBRA) to combat Maoist insurgents.  The Indo-Tibetan Border Police was established after the 1962 Sino- Indian conflict. It was created under the CRPF Act.  It guards the Indo-Tibetan border and the mountainous regions of the India-China border and monitors the northern borders.  ITBP is a mountain trained Force. Forces are called ―Himveer‖  It detects and prevents border violations.  ITBP plays an important role in organizing the annual Kailash Mansarovar Yatra besides providing assistance in disaster management in the central and western Himalayan regions.  The force also keeps a check on illegal immigration and trans- border smuggling.  ITBP is in the forefront of movement for the preservation of Himalayan environment & ecology.  It has been deployed in UN peacekeeping missions in Kosovo, Sierra Leone, Haiti, Western Sahara, Bosnia, Herzegovina, Afghanistan and Sudan. 49

NATIONAL  The National Security Guards is a special forces unit under the SECURITY GUARD Ministry of Home affairs. It was established in 1984 to counter the (NSG) surge of militancy in the country. SASHASTRA SEEMA  It has a highly trained force which deals with exceptional situations BAL (SSB) when local police and Special Forces need assistance. ASSAM RIFLES  It was formed right after the assassination of former Prime Minister Indira Gandhi and Operation Blue Star.  It was raised to combat terrorist activities and to guarantee the states do not experience any internal disturbances. They played a crucial role in countering the 26/11 Mumbai terrorist attacks.  The Sashastra Seema Bal was set up in 1963. They guard Indo-Nepal and Indo-Bhutan Borders.  They are also deployed during elections as polling booth security.  Previously, it was known as the Special Service Bureau and they are deployed to control anti-national activities and inculcate feelings of national belonging in the border population among others.  It also acts against smuggling and other illegal activities.  The Assam Rifles was established in 1835. It is considered as the oldest of all paramilitary forces. This force plays a crucial role in North East India, handling counterinsurgency and border security operations.  They are also guarding the 1,643 km long Indo-Myanmar border since 2002, as per the government policy ―one border one force‖ and are also its lead intelligence agency.  The Assam Rifles contribution towards assimilation of the people of the North-East into the national mainstream is truly monumental.  In times of war they can also be used as a combat force to secure rear areas if needed.  Though it is classified as a Central Armed Police Force, its tactics, training, equipment and operational mandate closely mirror those of the Indian Army.  It is headed by an Army officer of the rank of Lieutenant General. It currently reports to the Ministry of Home Affairs. 50