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A Complete Solution to
Internal Security
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 INTERNAL SECURITY OF INDIA

CHAPTER NO CHAPTER NAME PAGE NO

1 INTRODUCTION TO INTERNAL SECURITY OF INDIA 1
2 COMMUNAL VIOLENCE 10
3 EXTREMISM AND TERRORISM 16
4 LINKAGE BETWEEN ORGANISED CRIME AND TERRORISM 30
5 THE ARMED FORCES (SPECIAL POWERS) ACT (AFSPA) 1958 37
6 LEFT-WING EXTREMISM(LWE)- A WAR UPON THE STATE 42
7 LINKAGES BETWEEN EXTREMISM AND DEVELOPMENT 51
8 MILITANCY IN JAMMU AND KASHMIR 53
9 INSURGENCY IN NORTH-EAST 58
10 CYBER SECURITY 73
11 SOCIAL MEDIA 83
12 MONEY LAUNDERING 90
13 SECURITY CHALLENGES AND THEIR MANAGEMENT IN BORDER AREAS 100
14 VARIOUS SECURITY FORCES AND THEIR MANDATE 113
15 POLICE REFORMS IN INDIA 121
16 BLACK MONEY 134

@Akash_Singhh
 CH-1 INTRODUCTION TO INTERNAL SECURITY OF INDIA

Introduction:
Security can be categorized into two groups:
1. Internal security - Management of the security within the border of a country. Means maintenance of peace and
law and order, and upholding the sovereignty of the country. In our country internal security comes under the
purview of Ministry of Home Affairs.
2. External security - Management of security against aggression by a foreign country. External security sole domain
of Armed forces of country. This comes under the ambit of Ministry of Defence.

What is National Security?

National Security, in a more traditional sense, refers to the preservation of the state, its territorial integrity, political
institutions, and national sovereignty from physical threats. But in the modern times the definitions have broadened
to include following facets:
• Law and order problems: Problems which do not threaten the national security in traditional terms but create a
violent situation which in turn creates breeding ground for a National security situation. These are activities like
civil war, ethnic conflict, crime and drugs.
• Economic threats: They indirectly threaten the developmental dynamics by disturbing the economic processes.
• Technology driven threats: Threats like cyber-terrorism, space warfare etc. have assumed increased importance
in recent times.
• Health Security: Diseases like Tuberculosis, Malaria and HIV are seen as threats to human security because of the
enormous loss of life they cause.

Important aspects of internal security:

• Upholding the rules and laws made by the authority.
• Accepting the sovereign power of people.
• Protecting India’s national sovereignty.
• Securing the territorial integrity of India.
• Promoting India’s rise to its rightful place in international affairs.
• Ensuring a peaceful internal environment within India.
• Creating a climate for our citizens that is just, equitable, prosperous, and shields them from risks to life and
livelihood.

These aspects of internal security are ensured by the police, which is helped by the central armed police forces.
Destabilising a country through the internal disturbances is more economical and less objectionable, particularly when
direct warfare is not an option and international borders cannot be violated.

The 43rd Report to the concerned Parliamentary Standing Committee, the Ministry of Home Affairs has
brought out that “210 of the 535 districts in the country are affected by serious internal security problems
or public disorders” and almost 40 per-cent areas facing serious disorders of one or the other kind.

Challenges to the Internal Security of Country:

1. Political instability and internal social disharmony
2. Naxalism
3. Terrorism and nexus with organized crime
4. Cyber-crime and cyber security

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5. Religious wars and caste crimes
6. Coastal and border security
7. Insurgency in North-East and militancy in J&K

• As conventional war is not resulting the desired result hence, they went for opting other ways like Psy-Wars
(psychological wars). This is fourth generation warfare disturbing the civil fabric of the nation and instead of
conquering land is being replaced by the concept of controlling the minds of the civil society using Psy-ops
(psychological operation).
• These challenges to internal security can increase to multiple fold if, border management is weak so a comprehensive
border can act as a check over the threats to the internal security of the country.

Factors responsible for Internal Security Problem in the country:

• Some problems were since the time of independence, but we are failed to resolve them:
o Poverty.
o Unfriendly and hostile neighbors (China, Pakistan etc.)
o Unemployment and underemployment (lack of inclusive development)
• Some are due to administrative failure like:
o Inequitable growth.
o Widening gap between haves and have-nots.
o Governance deficit.
o Failure to curtail organized crimes.
• Due to partisan politics:
o Increasing communal divide.
o Increasing caste awareness and caste tension.
o Politics based on the sectarian, ethnic, linguistic etc.
o Growing regional aspirations and government’s failure to fulfill it.
o Secessionist movement in Nagaland and Jammu and Kashmir
• Geographical factor
o Living in isolation.
o Very tough terrain near the borders
• Governance deficit:
o Poor criminal justice system
o Large scale corruption
o Nexus between the criminals, police and politician in organised crime.
o Lack of development.

Each factor mentioned above are exploited by the nefarious actor time and again to create instability in the country.
The hostile neighbours leave no opportunity to make their vision as true.

Internal Security Doctrine:

A national security doctrine helps the state to identify and prioritize that country’s geopolitical interests. India does
not have any such ‘doctrine’ so far.

Need of Internal Security Doctrine:

India has seen crisis after crisis resulting from militancy, insurgency, terrorist attacks, unsettled border disputes, etc. For
Example, Terrorist attack on Pathankot airbase (2016), 26/11 Mumbai blasts etc. opacity in working of different
intelligence agencies. To fill the gap in existing system, need of the hour is standard operating procedure i.e. internal
security doctrine.

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 Internal Security Doctrine Should include:
• Political
• Socio-Economic
• Governance
• Police and Security forces
• Centre-state coordination
• Intelligence
• Border management
• Cyber Security

Classification Internal security threats:

A state can be at risk from four threats:
1. Internal
2. Externally-aided internal
3. External
4. Internal-aided external

• India’s internal security threat perceptions are a mix of all four threats mentioned above.
• In era of information and digital age security threats (internal and external), are interrelated and cannot be seen
in isolation from each other. So, changing external environment also impact the internal security of country i.e. In
Myanmar, persecution of Rohingyas created a new problem in internal security front of country.
• Internal security problems have started affecting the growth and development of our country.

Measures to internal security challenges:

• Police is generally the first agency to respond to internal security challenges. Impending police reforms (Prakash
Singh judgment of SC) should be implemented to strengthen policing.
• The absence of a central institution to tackle terrorism has resulted in a fragmented approach to terrorism.
Therefore, a central anti-terrorism agency, NCTC, should be established.
• Synergy between law enforcement, legal and judicial systems is essential. The prosecution of the perpetrators of
terrorist acts needs to be expedited.
• Military pressure alone cannot resolve matters unless there is good governance, with a strong thrust on socio-
political and socio-economic issues.
• Perception management has been the weakest link in India’s fighting against internal security problems. Counter
narratives to the propaganda of the terrorists and insurgents should be developed. For example, Government is
introducing courses on scientific interpretations of religious texts in Madrassas.
• Implementation of Make in India, National Manufacturing Policy, reviving textile MSMEs, improving ease of
doing business etc will generate much-needed jobs in India.
• In the Northeast, the Assam Rifles had been raised primarily for deployment in that area and comprised personnel
from that region. Its composition was eventually changed to that of an all-India force which lead to loss of rapport.
• Internal funding sources for terrorists, money laundering, cyber thefts should be checked by the coordination of
NIA, NATGRID and IB.
• Terrorism has global dimension and effective cooperation should be secured with other nations to tackle it.
• Effective border management through ICPs, fences, regular visits of leaders in bordering areas is needed to curb
insurgency in internal pockets.
• Implementation of National cyber security policy 2013 will reduce vulnerability of core infrastructure and secure
banking, government and military communications.
• Considering the length of India’s borders, the border forces will always remain inadequate. They have to be
supplemented with Home and Hearth units or village guards of the kind employed in Arunachal Pradesh. These
Home and Hearth units, staffed with as many local ex-servicemen as possible, can be raised wherever border
holding forces are thin on the ground.

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Major issues with India’s External Security:

Govt Initiatives:
1. NATGRID: The formation of an intelligence database designed to consolidate and make searchable data gathered
by existing security and law enforcement agencies, will prove to be a vital link in India’s intelligence infrastructure.
2. CCTNS: The Crime and Criminal Tracking Networks and System (CCTNS) is an initiative of the MHA, to facilitate
storage, transfer and sharing of data and information between police stations.
3. CERT-In: It is responsible for protection of cyber systems and it provides specific steps and countermeasures to
patch the existing vulnerabilities and strengthen the security of these websites.
4. SAMADHAN: On the Naxal front, the Conference of Chief Ministers of the affected states held in Delhi came up
with a new formula of SAMADHAN to tackle the problem.

Way forward:
• Reduce ethnic and social inequalities, disparities in educational and employment opportunities.
• Establish effective Public Grievance Redressal System in conflict affected areas. Timely resolution of genuine
problems of people will reduce further conflicts.
• Improve the delivery of essential goods and services in conflict affected areas. A dedicated supply mechanism
can be established to bridge the gap between government and people.
• Focusing on economic development of these areas. Developing basic infrastructure like rail, road, communication
lines, water infrastructure, housing etc. will help to generate employment and win the hearts of the people.
• A mechanism can be established to bring coordination among all central and state security forces dealing with
the issues. This will help to deal with the problems more effectively and reduce duplication of work and loss of
resources.
• States should form composite force on the lines of NSG where internal security problems are worse.
• National Security Council and Cabinet Committee on Security should a proactive policy which will prevent
internal security threats before it gets originated.

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 • Government needs to empower Narcotics Control Bureau given the country’s close proximity with drug
producing areas like Golden Crescent on the West and Golden Triangle on the East.
• Government has enacted number of laws to prevent financial crimes. But left wing extremism is still mobilizing
large sums of money. Government needs to find out the sources of these groups so that government can take proper
actions.

In today’s context of a nation state, the challenge lies in changing the long-term concept of national security, which we
need to understand in a comprehensive sense rather than in narrow military terms only. In the absence of the feeling of
‘Nation First’ in the heart of each and every citizen, we would not succeed in attaining freedom from the internal
security threats.

Pandemic (Covid-19) and National Security:

A pandemic in the form of Covid-19 has caused large scale loss of life and disturbed livelihoods all across the world.
The magnitude of damage that it has caused has sparked a debate regarding whether epidemics should be treated as a
national security problem.

How do Pandemic threaten National Security?

• Can trigger a violent conflict: Pandemic may contribute to societal destabilization and in extreme cases it may
accelerate the processes that lead to state failure which threatens national security. Various examples of AIDS
triggered violence can be seen in Sub-Saharan Africa.
• Biological weapons: Biological agents including epidemic Is India treating Covid-19 as a National
diseases can be weapons of war and thereby directly and Security threat?
immediately threaten security. Combatants may deliberately The national security matters in India are dealt
target public health and spread disease to weaken and by National Security Act of 1980. But Covid-
demoralize an enemy population. 19 is being legally dealt by two laws namely
• Affect bilateral relations: Outbreaks may prompt disputes the Epidemic Diseases Act, 1897, and the
among states over appropriate policy responses in a number of Disaster Management Act, 2005. In that
areas, including freedom of movement for people and goods. sense, Covis-19 is not being treated as National
For example, disputes arising during the MERS outbreak
Security threat in legal terms as of now.
between India and countries in the Middle-east regarding Indian
diaspora.
• Human security: The idea that human security is part of
national security directly makes epidemics a threat to nation by threating its people. For instance, by this approach
tuberculosis is a national security threat to India because it threatens health of citizens of this country.
Advantages of viewing epidemics/pandemics as National Security threat:
• Higher priority: Associating health policy commitments with security can elevate the level of priority given to an
issue and deliver results. Also, it would make available more resources to health emergencies via national security
channel.
• Better institutional organization: A national security problem is more likely to have a well-defined and
streamlined institutional apparatus which in turn could generate a more coordinated and accelerated response.
• Increased global commitment: Viewing epidemics as a security issue may encourage a deepening of commitment
by countries to international cooperation and preparedness.

Challenges in looking at an epidemic/pandemics through security prism:

• Risk of mislabelling everything as security threat: If everything that causes a decline in human well-being is
labelled a security threat, the term loses any analytical usefulness.
• This approach relieves developed states: Viewing epidemics as part of national security relieves states without
major public health threats of any moral obligation to respond to health crises of monumental proportions in the
developing world. Currently, this is more seen in the perspective of humanitarian aid.
• Deter regional cooperation: Issues of National security see relatively lower level of cooperation among
neighbouring countries. This could directly impede much needed cooperation.

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Way forward:
In a nutshell, global pandemics threaten state security in three ways – domestically, economically and militarily. Going
forward, while there are valid arguments both for and against treating epidemics as a national security issue, following
may also be seen as an alternative:

1. Viewing it as foreign policy It may be more fruitful to view disease and health issues as concerns for
issue rather than national foreign policy deserving of multilateral responses, rather than as security
security concern: threats requiring bilateral policy responses.
2. Independent institutional Security labels provide health emergencies with resources; the same human and
mechanism: financial resources could be garnered if an independent institutional mechanism
for health emergencies can be created.

Artificial Intelligence and National Security

Artificial Intelligence is an emerging technology that facilitates intelligence and human capabilities of sense,
comprehend, and act with the use of machines.

How use of AI is affecting National Security?

• Changing nature of security: The traditional elements of security are rapidly expanding with technological
developments leading to creation of newer challenges which are AI dependent.
o Rise in frequency and cost of cybersecurity threats: AI enabled tools have the potential to increase the
defensive capabilities of security systems.
o Security is growing more complex: Growth of continuous real-time connectivity, mobile platforms and
Internet of Things (IoTs) in conjunction with Cyber-Physical systems has made the security landscape more
complex.
• Higher accessibility of AI based tools: Earlier, the tools and technologies which had security implications like
nuclear technology were by and large protected. This ensured that only limited actors had access to such
technologies. But same cannot be said for AI because:
o Dual-use nature of AI applications: Many AI applications are dual-use, meaning they have both military and
civil applications. This makes controlling the flow of such technologies extremely difficult.
o Absence of global coalitions for AI based tools on lines of Wassenaar Arrangement or Missile Technology
Control Regime (MTCR).
• Unavoidable presence of AI: Artificial intelligence is now touching upon aspects of human life not only in
economic domain but also in social domain.
o Integration of AI into a product may not be immediately recognizable i.e. it may not alter the physical
structure of a system, but incorporation of AI, changes the overall functioning of the system. For example, it
would be very difficult to decipher if a drone is being controlled remotely or with an AI based system.

Opportunities AI can create vis-à-vis National Security:

• Increasing real-time intelligence: AI is expected to be particularly useful in intelligence due to the large data sets
available for analysis. Large scale structured data combined with the available computational power can generate
significant actionable intelligence.
• Creating autonomous and semi-autonomous systems: These systems collectively increase the geographical reach
of the military operations. For example, autonomous systems can be employed to further increase border security
without endangering the lives of soldiers.
• Logistical ability: AI may have future utility in the field of military logistics. For instance, it can ensure continuous
observation of border infrastructure and provide intelligent inputs with respect to need for repairs.
• Cyber operations: AI is likely to be a key technology in advancing military cyber operations both in offensive and
defensive capacity.
• Replacing humans in ‘dull, dangerous or dirty’ work: Depending on the task, autonomous systems are capable
of augmenting or replacing humans, freeing them up for more complex and cognitively demanding work. For
example, AI can be used in conducting long-duration intelligence collection and analysis or cleaning up
environments contaminated by chemical weapons.

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 In 2018, government constituted a task force under Natarajan Chandrasekharan comprising
representatives from the government, services, academia, industry, professionals and start-ups to prepare
a road map for Artificial Intelligence for national security purposes.

Potential challenges in adoption of AI for National Security:

• Absence of clarity on ‘what is AI’ and ‘what we intend to do’ among policymakers: There is a limited
understanding of key questions like- What kind of AI do we want? How much autonomy should be given to the
machines on the battlefield? Etc.
• Development of Ethical Standards: Use of AI in Defense would raise a large number of ethical questions like-
Who holds the accountability in case AI does not perform as predicted? How can AI be integrated with current
protocols followed in the forces? How far AI can be trusted for the protection of the country? Development of these
ethical standards is a prerequisite for adoption of AI for National Security.
• Theft vulnerability: AI systems are particularly vulnerable to theft by virtue of being almost entirely software
based.
• Technology cannot be completely controlled: Using AI systems can significantly increase the scale and speed at
which military operations are conducted. If the pace of operations exceeds human ability to understand and control
events, that could increase a system’s destructive potential in the event of a loss of system control.
• Other issues like limited role of private sector in defense and lack of critical infrastructure.

Possible solutions to overcome above challenges:

• Vision document on AI: India should envisage a clear strategic vision regarding the AI. Having a Vision document
provides clarity to policymakers as well as the defense establishments regarding capabilities and envisaged
outcomes.
• Creation of a supportive ecosystem: Along with a clear policy, there is a dire need to invest in critical
infrastructure so that the data servers lie within the territory.
• International cooperation: To ensure that India is at par with other countries with regard to adoption of AI in
National Security, various efforts like joint development, technology sharing, encouraging development of global
policy and standardization could be done.
• Tapping the civilian innovation ecosystem: The AI-market for civilian purposes in the country is on the rise. For
instance, India ranks third in G20 countries in AI-based startups. Policymakers could tap this potential for the
defense sector.
• Balancing adoption and innovation: Since India is a late entrant in the field vis-à-vis powers like China and US,
it could capitalize on the late-movers advantage, i.e., mimicking the existing narrow-AI technologies, to fulfil its
basic security needs (like border patrols and intel-gathering) alongside innovating over and above the existing
technologies.

Hybrid Warfare: Emerging threat

Recently, a Chinese data company-Zhenhua has harvested information on millions of people, allegedly on behalf of
Beijing's intelligence services, possibly engaging in early stages of ‘hybrid warfare’.

Meaning of Hybrid Warfare:

Hybrid warfare is an emerging, but ill-defined notion. It generally refers to the use of unconventional methods as part
of a multi-domain warfighting approach. These methods aim to disrupt and disable an opponent’s actions without
engaging in open hostilities. Following can be cited as its general characteristics:
• The methods adopted by it are a combination of activities, including disinformation, economic manipulation, use
of proxies and insurgencies, diplomatic pressure and military actions. For example, Russia’s use of gas and
lending instruments in the Ukrainian conflict.
• It tends to target areas which are highly vulnerable and where maximum damage can be caused with minimum
effort.

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• It usually involves non-state actors indulging in subversive roles supported by states in order to give the latter
some plausible deniability.
• Other examples closer to the idea of hybrid warfare are Iran’s activity in Syria and ISIL’s activities in Syria and
Iraq.

Reasons for resorting to Hybrid Warfare by state and non-state actors:

• Hybrid warfare uses a wider set of military, political, economic, civilian and informational instruments which are
usually overlooked in traditional threat assessments.
• It targets vulnerabilities across societies in ways that we do not usually think about.
• It synchronizes attacks in novel ways. For example, an urban gathering can experience a simultaneous cyber-attack
and a ‘lone-wolf’ attack, which if synchronized could cause large scale damage to life and property.
• It can be tailored according to the circumstances to stay below certain detection and response
thresholds, including international legal thresholds, thus hampering the decision- making process and making it
harder to react to such attacks.
• A hybrid warfare campaign may not be discovered until it is already well underway, with damaging effects
having already begun degrading a target’s capability to defend itself. For example, 2008 Mumbai attacks and a
series of ‘lone wolf’ attacks in Europe were only discovered when they started happening.

‘Lone Wolf’ Attacks

These attacks involve threat or use of violence by a single perpetrator (or a small cell). A lone wolf acts
without any direct support of any other group or other individual in the planning, preparation and
execution of the attack. Ranging from threatening and intimidating people to indiscriminate shootings,
vehicle ramming, stabbing and suicide bombings, lone wolf terror attacks have become a grave threat.

Reasons for targeting the urban spaces for Hybrid Warfare:

• Urban spaces due to their large populations and economic vibrancy provide ample opportunity for terrorists and
non-state actors to sneak in and inflict large scale damage to terrorize populations through “shock and awe”
tactics.
• Traditional armed forces are ill-trained and equipped to fight in crowded urban areas with large civilian
populations.
• Conventional warfare demand direct and complete engagement with the adversary. Hybrid Warfare uses proxies as
indirect tools creating a scenario of limited warfare.

How Hybrid Warfare and Hybrid Threats are potential issues for India?
India has been at the receiving end of variants of Hybrid Warfare. Firstly, from Pakistan in the form of state sponsored
terrorism and the other through cyber-threats from China akin to the one associated with Zhenhua. But increasing
inclination towards Hybrid Warfare from both state and non-state actors can lead to following issues:
• New forms of terrorist attacks: The idea of Hybrid Warfare encourages new forms of terrorist attacks suchas
‘lone-wolf’ attacks and creation of ‘sleeper cells’.
• Cyber-attacks: An adversary can pressure the government to concede to its demands by threatening devastating
cyber-attacks aimed at the civilian population. Examples include attacks on networks governing hospitals or
electricity and water supplies.
• Interference in electoral processes: Use of techniques from campaigning through the media and social networks
to securing financial resources for a political group may indirectly influence the outcome of an election in a direction
that favors the adversary's political interests.
• Disinformation and fake news: An adversary can create a parallel reality and use falsehoods to fuel social
fragmentation. The idea behind this is to disorient the public and make it difficult for a government to seek public
approval for a given policy or operation.
• Financial influence: An adversary can make investments, conclude unfavorable energy-supply deals, or offer
loans that make a country vulnerable in the long run to political pressure. For example, the recent steps by
Chinese companies to aggressively acquire Indian companies through FDI route in the background of COVID-19
could fall under this category.

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 Possible solution to combat Hybrid Warfare:
Hybrid Warfare is a multi-pronged warfare methodology, thus, to effectively negate it, the response should also be
holistic in nature:
• Institutional measures: to keep vulnerabilities in check and estimate possible hybrid threats.
o Conduct a self-assessment of critical functions and vulnerabilities across all sectors and ensure regular
maintenance. For example, regularly upgrading critical Fintech systems in the country.
o Enhance traditional threat assessment activity to include non-conventional political, economic, civil,
international (PECI) tools and capabilities.
o Creation of multinational frameworks - preferably using existing institutions and processes – in order to
facilitate cooperation and collaboration across borders.
• Training of armed forces: as in hybrid warfare, armed forces have a dual role of protecting civilian population
and disabling enemy. Following techniques can be adopted:
o Training in special battle techniques, as well as conditioning to overcome urban combat stress.
o Training in use of technological tools such as smart robots, Unmanned Aerial Vehicles (UAVs)
o Intelligence tools like Real Time Situational Awareness (RTSA) for precise operations.
• Strengthening the democratic institutions: enables government to gain trust of its citizens. This helps government
negate various forms of hybrid warfare such as disinformation and radicalization.
o Inclusion of Civil Society Institutions such as think tanks multiply the government’s capabilities to counter
such threats.
o Investing in Journalism to raise media literacy: Global research shows that 70 percent of uses of the term
“hybrid threats” by the media are inaccurate. As a result, investing in journalism will indirectly help citizens in
understanding the threat.

Previous Year Mains Questions (GS3-CSM):

1. How far are India’s internal security challenges linked with border management particularly in view of the long
porous borders with most countries of South Asia and Myanmar? – CSM 2013
2. China and Pakistan have entered into an agreement for development of an economic corridor. What threat does this
pose for India’s security? Critically examine. – CSM 2014
3. International civil aviation laws provide all countries complete and exclusive sovereignty over the airspace above
their 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 suggest ways to contain the threat. – CSM 2014
4. Religious indoctrination via digital media has resulted in Indian youth joining the ISIS. What are ISIS and its
mission? How can ISIS be dangerous for the internal security of our country? – CSM 2015
5. Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyse the
causes and consequences of such violence. – CSM 2016
6. 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. – CSM 2018
7. The banning of ‘Jammat-e-Islami’ in Jammu and Kashmir brought into focus the role of over-ground workers
(OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations
in insurgency affected areas. Discuss measures to neutralize influence of OGWs. – CSM 2019

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 CH-2 COMMUNAL VIOLENCE

COMMUNAL VIOLENCE
Communalism can be defined as allegiance to one’s own ethnic or religious group than to the wider society.
Or
As the second ARC observed communalism implies blind allegiance to one’s own communal group –Religious,
Ethnic, or linguistic rather than society as large or nation as a whole. In its extreme form, it manifests in the form of
hatred and hostility.

VULNERABILITY OF INDIA TOWARDS COMMUNAL VIOLENCE

• India is a multi-religious, multi-ethnic, and multi-cultural pluralist society. This is
inherently having tension towards each other.
• Caste based politics and vote bank politics
• Religious animosity
• Criminalisation of politics
• Increasing caste awareness and caste tensions
• Poverty and unemployment
• Failure on administrative fronts or governance deficit
• Inequitable and non-inclusive growth trajectory
• Widening gap between haves and haves not.

CLASSIFICATION OF COMMUNAL VIOLENCE

CONSTITUTIONAL PROVISIONS AND COMMUNALISM

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 Preamble Preamble of the Indian Constitution declares it as a secular state and secures the liberty of
thought expression, belief faith, and worship.
Article 25 "All persons are equally entitled to freedom of conscience and the right to freely profess, practice,
and propagate religion subject to public order, morality and health."
Article 26 Says that all denominations can manage their own affairs in matters of religion.
Article 29 Mandates that no discrimination would be done on the ground of religion, race, caste, language, or
any of them.
Article 30 Mandates that all minorities, whether based on religion or language, shall have the right to establish
and administer educational institutions of their choice.
Fundamental • Promote harmony and the spirit of common brotherhood amongst all the people of India
duty – Art transcending religious, linguistic and regional or sectional diversities and to renounce practices
51A derogatory to the dignity of women.
• To value and preserve the rich heritage of the country’s composite culture;

LEGAL PROVISIONS
• Various provisions of Indian penal code which deals with the issues of communalism in the country, like section
153A, 153B etc.
• Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 must be enacted soon.
• Manipur government came up first with its Law against lynching in 2018.

Factors Responsible For Communal Violence:

• Historical factors → British Rule and Rule of rulers like Aurangzeb
had discouraged the harmonious association and peaceful co-
existence. Two nation theory and partition of the country on the basis
of religion made people more conscious about religion. British policy
of divide and rule accompanied by communal electorate by GoI act
1909, 1919, 1935.
• Socio-economic Factors → Society is backward and lack of
opportunity and a feeling of deprivation has sown the seed of
communalism.
• Educational Factors → Lack of modern education so most Indians
are reluctant to adopt ideas like liberalism and progressive values.
• Conflicting and incompatible religious ideologies
• Hostility and apathy against other community
• Psychological Factors → Years-long grudges and feelings of
resentment amongst the communities. This leads to the Fear of
psychosis among the minority.
• Cultural Factors → Feeling under the members of the Muslim and
Hindu communities that they are a distinct entity with their own
cultural pattern, thought process, and personnel laws.
• Identity crisis → There is a general feeling that orthodox Hindus and
Muslims have a problem with the secular character of the Indian state.
Instead few orthodox wanted India to be a Hindu nation.
• Political factors → Intermixing of religion and the politics i.e. religion
based vote bank politics. Poor criminal justice system and large scale corruption leading to nexus between police,
politician and criminal which results into organised crime.
• Inciting speech by the political leader to garner the support of one religious group.
• Financial and ideological support for orthodox and divisive elements of society.

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• Demographic factors → In a certain part of the Country Demographic changes created an opportunity for
manipulation of communal sentiments i.e. in Assam, West Bengal, and the Kashmir valley.
• International influences → Pan-Islamic movements have also been mobilizing ant-India Jihad sentiments in the
country.
• The ISI factor → communal sentiments in the country is also promoted by these radical groups which try to polarise
the country on the basis of religious fundamentals.
• Social media factors: The presence of orthodox groups over social media platforms spread rumors, disinformation,
hate speech, and fanning violence.
• Lack of proper action: Punishment mechanism is not up to the mark which provides more opportunity for the
trouble creator.

IMMEDIATE CAUSES FOR RIOTS

• Gender offences → Members of one religious community alleged for
gender violence against the women of other community offences like
rape sexual harassment and other issues like love jihad were also
disturbing social fabric.
• Religious festival → During the celebration of the festival communal
tension and disputes arise between the two communities like the
celebration of Holi or Muharram.
• Land disputes → Among the various religious groups in the country
over the ownership of land.
• Governance issues → Over the years various commissions had found
following shortcoming:
o The ineffective conflict resolution mechanism.
o Timely action and accountability of an officer are missing.
o Missing intelligence about the situation.
o Missing standard operating procedure (SOP) in case of communal
violence.
o Lack of personnel to deal with communal tension or communal
violence missing training of expertise in communal matters.
• Administrative issues → The slow reaction of police and
administration after initial symptoms of communal
violence. Sometimes police and administration act in partisan manner.
Failure of leadership and link of administration with the general public is also weak.
• Post-riot Management deficiencies →
o Issues with rehabilitation which often neglected breeding resentments and anger.
o Missing accountability of the official who is involved in the process of rehabilitation.

FAKE NEWS AND COMMUNAL VIOLENCE:

Circulation of fake news over social media platforms disturbs social peace and also creates hostility of a community
towards the organs of government. Fake videos and its circulation sometimes cause the mob lynching and violence.

Mob lynching:
• Mob lynching is a form of violence in which a mob under the pretext of
administering justice without trial, executes a presumed offender, by the means
of torture, and sometimes it results in the death. The term lynch, the law refers
to a self-constituted court that imposes sentence on a person without due
process of law. Mob lynching is crime against humanity and constitutional
values.

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 • The Manipur government came up first with its Law against lynching in 2018.
• The Manipur Law is in sync with the Supreme Court guidelines.

Cow-Vigilantism - Vigilante groups who disguise themselves as cow protectors/ gau-rakshak had created an
environment of and led to violence in the various parts of the country.

MEASURES TO DEAL WITH COMMUNAL VIOLENCE:

These measures can be classified under Five broad category:

Measures when Technology

Preventive an outbreak of Measures during measures during Post violence
measures violence is the violence the violence and measures
anticipated after the violence

Preventive measures :

Preventive measures

Management of religious
Citizen oriented measures Administrative measures
affairs

Citizen oriented measures:

• Feeling the mistrust among the different religious groups:
o The feeling of nationalism needs to inculcate in the minds of people by making them aware of how all religious
groups fought together to make this country free.
• Peace committee:
o There shall be a peace committee in every area. This should be secular in nature and its meeting should take
place regularly. The district administration should engage actively with the peace committee.

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• Community policing:
o Community policing is a kind of policing in which police and citizens act as a partner in ensuring peace in
the area.
o Community policing is more associated with ground activity so they provide better input and help during the
communal tension. some of the examples are Friends of police and Nenu-Saitham program.
• Imparting liberal values:
o The education system should impart liberal values to the students so that tolerance and general liberal values
on important occasions should be imparted in society, boosting unity.

Administrative measures:
• Planning and profiling of the areas:
o Demographic profile of the area and marking the area on the basis of the historical record of disputes, clashes,
and riots, etc
• A crisis management plan if the conflict:
o A fixed set of instructions which can be followed to tackle the conflict.
o A special officer can be appointed in every district of the country.
• Intelligence and police:
o Intelligence mechanisms should be sound enough to pretend the communal violence before they happen
every district can have these intelligence units which collect the data related to the communal violence and try
to map these events to prevent the future violence.
o Sensitize police towards feelings of minorities - Generally, the minority communities feel that police is biased
so, trust-building is need of the hour
o Special training to the police force which is working in an area which is sensitive to communal violence.

Manpower shortage issue in the police → In India, the number of policemen per lakh of people is only 130 and the
recommendation of the United Nation is 220 per lakh.

Management of religious affairs:

• Code of conduct for the religious festival:
o Generally, communal violence arises in-country during the celebration of these religious festivals, so special
requirements should be made during the celebration of festivals.
• Protecting the places of worship:
o No harm to the places of worship during communal violence should be ensured. The premises should be
provided with special security arrangements.
o The unauthorized construction on the land of worship should be dealt with strictly legal provisions.
o Also, the administration and government should ensure that these religious places are not misused by the
nefarious element of society.

Measures when an outbreak of violence is anticipated:

• Preventive arrest under the CrPc sections of 151 along with the deployment of central forces which has a specialty
in the outbreak of Riots.
• The imposition of section 144 of the Indian penal code.
• Deployment of police in other sensitive areas of the state.

Measures during the violence:

• The use of force in order to suppress the violence and situation should be brought under control.
• Guidelines and standard operating procedure should be brought in quick enforcement so that damage could be
minimized
• Effective utilization of central forces and calling them in time by the state authority.
• Putting a standby team in order when the situation is worse.
• Media depicting the live death of people should be banned immediately.

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 • The officer deployed should have knowledge of local prospects.

Technology measures during the violence and after the violence:

• Proper checks and balances on social media → Methods should be developed through which the hate speech and
Rumours propagation can be stopped and during the Riot guidelines for social media giants like WhatsApp and
Facebook should be issued.
• Use social media to create a positive environment in the society and circulate the information which creates an
environment for peace.

Post violence measures

• Fast track court:
o For providing quick justice to the victims and punishment to the guilty persons so, that an example can be set
that if anyone evokes the communal violence then punishment is assured.
• Enforcement action and Monitoring:
o All the guidelines must be enforced in order to establish long-lasting peace. Constitution of the special
investigation team for ensuring the fair and impartial investigation.
o Monitoring is also very important, so that these kinds of events can be stopped in the future.
• Relief and Rehabilitation:
o Relief and Rehabilitation work should be unbiased and do not discriminate between the religious groups.
o The benefit of schemes and other rehabilitation measures should reach to the victims.
o Interim relief may be provided immediately to the victims and essential goods and services should be provided
timely to the individual of affected areas.

Also the recommendation of 2nd ARC that relief and rehabilitation of victims of communal violence under the
Disaster Management act of 2005, communal violence can also be viewed as a disaster.

Conclusion:
Strong legal action along with the policy of zero tolerance towards the violence will bring down the communal
hatred and impartial administration and police will assure the minority that they are safe. This will ensure long-lasting
peace and development in the country.

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 CH-3 EXTREMISM AND TERRORISM
Introduction:
• Extremism is the context of security implies adoption of illegal and violent ways to propagate one’s ideology.
Extremists are motivated by different goals and objectives.
• It is somewhat surprising that despite terrorism being recognised as a global phenomenon, attempts in the past for
arriving at an internationally accepted definition of terrorism have proved futile.
• According to some observers, this ambivalence is primarily due to two reasons:
1. Firstly, a ‘terrorist’ in one country may be viewed as a ‘freedom fighter’ in another;
2. Secondly, it is known that some States resort to or encourage various kinds of criminal acts, clandestinely,
through their own agencies or hired agents to subvert or to otherwise destabilize another lawfully established
government or in extreme cases get important political or governmental personalities of another State
assassinated.
• History is replete with instances of acts of this nature. Hence, there is an obvious lack of political will, if not
resistance to any universally acceptable definition of terrorism.
• While Member-States of the United Nations have not arrived at a consensus regarding the definition of
terrorism.
• The definition of terrorism proposed by the Secretary General of the UN in September 2005 was accepted by
France. According to him, terrorism is “any act meant to injure or kill the civilians and the non-combatants, in
order to intimidate a population, a government, or an organization and incite them to commit an act against the
perpetrators or on the contrary stop them from doing so”.

League of Nations Convention (1937): describes terrorism as “all criminal acts directed against a State
and intended or calculated to create a state of terror in the minds of particular persons or a group of persons
or the general public”.

Position in India
• Terrorism as an offence does not figure in the Indian Penal Code of 1860 as amended from time to time. In India,
the first special law which attempted to define terrorism was the Terrorist and Disruptive Activities (Prevention)
Act, 1987, which was followed by the Prevention of Terrorism Act, 2002 (POTA). With the repeal of the latter
in 2004, the Unlawful Activities (Prevention) Act, 1967 was amended in 2019 to include the definition of a
‘terrorist act’.
• It is evident that while the laws of some countries like the USA, Canada, the UK and Australia speak of the
intention behind the terrorist act being for the purpose of advancing a ‘political, religious or ideological cause’,
the Indian laws have avoided any such intention or purpose being incorporated to define or describe a
terrorist act.

Types of Terrorism
• Depending on the objectives of the group/groups, the nature of terrorism also differs such as ethno-nationalist
terrorism, religious terrorism, left-wing terrorism, right-wing terrorism, state sponsored terrorism, cyber terrorism,
urban terrorism etc. The major types of terrorist operations commonly identified globally include:

• Terrorism motivated by ethno-nationalist and separatist aspirations became

prominent only after the Second World War and dominated the terrorist agenda
Ethno-Nationalist around the world for more than 50 years until religious terrorism came to occupy
Terrorism: the centre stage.
• Ethnic terrorism can be defined, as deliberate violence by a subnational ethnic
group to advance its cause. Such violence usually focuses either on the creation of
a separate State or on the elevation of the status of one ethnic group over others.
• Tamil Nationalist groups in Sri Lanka and insurgent groups in North East India
are examples of ethnonationalist terrorist activities.

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 • Present-day terrorist activities around the world are motivated largely by religious
imperatives.
Religious Terrorism • The practitioners of terrorism motivated either in whole or in part by a religious
imperative consider violence as a divine duty or a sacramental act.
• It embraces different means of legitimisation and justification compared to other
terrorist groups, and these distinguishing factors make religious terrorism more
destructive in nature.
Violence against the ruling elite mostly by the peasant class
motivated by what are called leftist ideologies have occurred time
(a) Left-wing and again in history. Leftist ideologies believe that all the existing
Terrorism- social relations and state structures in the capitalist society are
exploitative in character and a revolutionary change through violent
Ideology Oriented means is essential. The Maoist groups in India and Nepal are the
Terrorism most easily identifiable groups closer home.
Right-wing groups generally seek to maintain the status-quo or to
(b) Right-wing return to some past situation that they feel should have been
Terrorism- conserved. Sometimes, groups espousing rightist ideologies might
assume ethnic/racist character too. They may force the government
to acquire a territory or to intervene to protect the rights of an
‘oppressed’ minority in a neighboring country.
• Narco-terrorism has been defined by the Canadian Security Intelligence Service as
‘the attempt by narcotics traffickers to influence the policies of the Government
by systematic threat or use by violence’.
• However, it is also possible to view narco-terrorism as a means of terrorism or at
any rate as a means of funding terrorism.
Narco-terrorism • As the term itself suggests, narco-terrorism combines two criminal activities; drug
trafficking and terrorist violence.
• Narcoterrorism is motivated mainly by economic reasons as it helps the terrorist
organizations raise huge sums of money with minimum cost for their activities.
• Islamist terrorist groups in India supported by the Pakistan ISI are reported to be active
in drug trafficking along the Kashmir Valley and also in other parts of the country.

In recent times, some countries have embraced terrorism as a deliberate instrument of foreign policy. One
distinction of state sponsored terrorism from other forms of terrorist activity is that it is initiated to obtain certain clearly
defined foreign policy objectives rather than grabbing media attention or targeting the potential audience.

Means of terrorism:
• Environmental Terrorism: Premeditated damage caused to the natural world. Example- During the Gulf War of
1991 when Saddam Hussein ordered the detonation of more than 1000 oil wells which engulfed Kuwait in smoke.
• Weapons of Mass Destruction
• Chemical Weapons
• Nuclear weapons
• Biological Weapons
• Cyber-terrorism
• Suicide Terrorism: Jihadi terrorists took to suicide terrorism in the 1990’s. In Kashmir, the first suicide attack by
the Fedayeen was on July, 13 1991 on a Border Security Force Post.

Classification Of Terrorism:
Terrorism can be classified into two categories:
1) Terrorism by external state actors, and
2) Terrorism by non-state actors.

1. Terrorism by External-State Actors:

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• When any government directly or indirectly indulges in terrorism against its own people or the people of
another country, it is referred to as terrorism by state actors.
• Also, terrorism against another country, whether in support of international terrorism or in order to destabilise that
country, can be classified as 'external state sponsored terrorism'.
• Terrorism in Kashmir is a direct manifestation of state policy of Pakistan and ISI influence, while hinterland
terrorism by Indian Mujahideen or SIMI is indirectly supported by ISI and the state of Pakistan. Therefore,
Pakistan which is an external state actor is challenging India's internal security directly as well as indirectly.
• Similarly, time and again aspersions have been cast on the role of Bangladesh and Myanmar as external state
actors regarding terrorism in the North-east.
• Support to terrorism can be by various means, such as financial support to militant organisations, technical
support, arms, training and infrastructural support, or ideological support.

2. Terrorism by Non-State Actors:

• In this case, the act of terrorism is performed by an individual or a group which is not associated with or
financed by any Government.
• Non-state actors have generally no direct or indirect link with any government or government agency while
pursuing their agenda, though indirect linkages cannot be completely ruled out. Naxalites, LTTE and North-east
extremists are some examples of non-state actors.
• Many important terrorist groups such as Lashkar-e-Taiba (LeT) and Indian Mujahideen (IM) also claim to be non-
state actors but have de facto support from Pakistan.
• The use of non-state actors is essentially the employment of a proxy element, which gives the state of Pakistan a
degree of deniability. However, there is no doubt that none of the so called 'non-state actors', like the LeT, could
have operated with impunity without active funding, logistical and military support from Pakistan.
• The close linkages of the ISI and such groups are well documented as is their direct involvement in attacks like
that of 26/11. These groups aim to not only create instability in states like Jammu and Kashmir, but also have a
larger aim of destabilising the country.
• This is done through sporadic terrorist strikes, which spread terror and panic. This could also adversely affect
the ability of the Indian state to pursue economic modernisation.
• The flooding of the country with counterfeit currency is also a way of weakening the economy. Therefore, some
of the so called 'non-state' actors operating from Pakistan are the proxies of the state, functioning under a clear
charter of state policy.

Modus Operandi and Motto of ISI (through so called Non-State Actors):

• To bleed India with a thousand cuts
• To destabilise Indian economy through fake currency and other means
• To supply arms and explosives to all kinds of militants in India
• To take advantage of anti-government groups operating within India and to provide financial, logistic and military
support to such groups
• To spread and support Islamic fundamentalist activities
• To spread communal hatred and communal violence in India with the aim to divide and weaken the country.

Categorisation Of Terrorism In India:

Terrorism in India can be broadly classified into four major categories:
1. Hinterland terrorism
2. Jammu and Kashmir militancy (Covered in separate chapter)
3. North-East insurgency (Covered in separate chapter)
4. Left-Wing extremism (Covered in separate chapter- Naxalism)

Growth Of Hinterland Terrorism:

Hinterland terrorism is the terrorism that is spread all across the hinterland of the country. Such terrorist acts have
been taking place all over India without any specific reason. Yet, if we look back and analyse, there appears to be a
sequential, well planned, well-motivated growth of terrorism in India.

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 1. After failing in two conventional wars against India, especially post the humiliating defeat in 1971, Pakistan
adopted the path of sub conventional war/proxy war by supporting terrorist activities in India since the last three
decades with the motto of bleeding India with a thousand cuts.
2. The seeds of present terrorism were sown in the Khalistan movement in Punjab in the 1980s. This proved to be
the deadliest terrorist movement in India. It was to create a buffer sovereign state between J&K and rest of India.
3. After Punjab, Pakistan targeted Kashmir in the late '1980s' and tried to take advantage of anti-India separatist
sentiments in a section of Kashmiri population, and it continues to do so, till date. Terrorism in Kashmir was
basically operated by Pakistan occupied Kashmir (POK) based Islamist terrorist organisations created, trained,
inspired and directed by ISI, like LeT, JEM, Hizbul Mujahideen, etc.
4. Meanwhile, SIMI was formed in Aligarh in 1977 with its motive to liberate Indian Muslims from western
influence and make them follow Islamic code of conduct. In the 1980s and 1990s, SIMI became a highly militant
and extremist group and took a more radical posture. Therefore, it was banned under Unlawful Activities
Prevention Act (UAPA) in 2001.
5. The Ayodhya incidents of 1992 also saw the rise of reactionary terrorist activities all over India, especially in
Mumbai (1993 Bombay serial blasts). This provided a big opportunity to ISI to carry forward its designs of spreading
terrorism and communalism in India.
6. The 21st century saw the formation of Indian Mujahideen (IM) after the ban on SIMI. It was to project to the
outside world that terrorism in India was a purely indigenous development, arising out of ill-treatment of Muslims
and not sponsored from across the border. Doctored videos of Gujarat riots were used by ISI to mobilise, recruit
and radicalise the youth.
7. The ISI has always tried to take advantage of communal incidents like the Ayodhya issue and the Gujarat riots
for inciting young Indian Muslims. The increasing efforts of ISI to exploit communal sentiments have ensured that
the Muslim community remains vulnerable to mobilisation, recruitment and radicalisation. In recent times, there
were reports of Lashkar-e-Taiba recruiting young Muslims in riot affected Muzaffarnagar district.
8. We saw reactionary right-wing extremist activities in 2006-07 in the form of bomb blasts in Malegaon, Mecca
Masjid, Hyderabad, Ajmer Sharif and Samjhauta Express. Initially, investigating agencies of various state
police had allegedly implicated innocent Muslim youth in these cases. This resulted in heavy resentment in Muslims
and gave another boost to radicalisation of Muslim Youth by ISI, LeT, SIMI and IM etc.
9. The Harkat-ul-Jihad-al-Islami (HUJI) of Bangladesh was also found to be involved in many terrorist attacks in
India.

Hinterland terrorism is also sometimes assisted by neighbouring countries through the borders; hence it can be referred
to as trans-national terrorism, given its obvious inability to take on India in a conventional war. Terrorists are provided
training, infrastructure and weapons in Pakistan and then infiltrated into India through LoC or through Nepal.

Khalistan Movement:
• The 1980s and early 90s witnessed a very intense Pro-Khalistan movement backed by ISI. Recently, we saw a
manifest attempt by Sikh extremist groups residing in Canada and the US to revive the demand for Khalistan and
of self-determination for Sikhs. They have the backing of sections of the Sikh community in the UK as well. As a
result, a fresh wave of Sikh radicalisation is beginning to be seen in quite a few Western nations.
• A Pro-Khalistan rally was organised in London, sponsored by a body styling itself as 'Sikhs for Justice” based
in the US. It has the backing of the UK-based Khalistan Sikh Federation and the Dal Khalsa. It is the clearest
sign yet of the resurgence of pro-Khalistan sentiments. A revitalised movement for a separate Sikh state can cause
problems within India, sooner rather than later.
• Even the Home Ministry informed the Parliament that Pakistan's ISI was providing moral and financial support to
Pro Khalistan movement for Anti India activities as well as to revive militancy in Punjab.
• Security agencies say the KLF (Khalistan Liberation Force), an extremist organisation active in the 1980s, was
revived in 2009 in Malaysia under pressure from ISI.
• The NIA said the main objective of the KLF is to "liberate the so-called Khalistan”. Founded by Aroor Singh in
1986, the outfit had been active in promoting secessionist activities till 1994.
• The leadership of the KLF believes that they can revive the Khalistan movement by targeting members of specific
communities so as to polarise the society of Punjab on communal lines. Organisations and persons, who oppose the

19
 ideology of Jarnail Singh Bhindranwale, are their prime targets for elimination. KLF has been banned and
brought in the First Schedule of UAPA in 2018.

Referendum 2020
The Sikh Community led by US-based “Sikh for justice" has called for the Global Sikh Community in more than 20 countries to unite
and call for a referendum 2020 which would demand for the separation of Punjab from India and want to establish Punjab as
a separate country. They have started this referendum for reviving the Khalistan Movement and plan to move to UN and also to other
world powers for their cause.

Reasons For Spread Of Terrorism:

• More technology available to conduct acts of terror
• Targets of terrorism are more widespread than ever before.
• Sophisticated means of communication (electronic media, print media, social media, internet) helped terrorists to
quickly promote their ideology and hate campaign
• Intolerance in society due to increasing population and decreasing resources
• Increasing globalisation of the society
• International recognition and support to terrorist groups
• Links between terrorism and organised crime to earn easy money

India faces different types of internal security threats. The groups involved raise funds from different sources, ranging
from state sponsorship to fake currencies, to extortion and taxation, crime and smuggling, amongst others. Some cases
are given below.

ISI Sponsored Terrorism:

• The militancy in J&K presents a classic case of state-sponsored and financed terrorism. The ISI employs state
and private resources, like money from drugs and contraband, donations and charities, as well as the globalised
network for raising and moving funds from Jihadi Islamic fundamentalists across the globe.
• This support is further augmented by funding from the Kashmiri diaspora and NGOs. These are thereafter used
as part of Pakistan's proxy war against India, thereby bringing various components of funding together.
• However, in the case of Indian Mujahideen, state sponsorship in the form of financial support from ISI,
mobilisation through organised criminal activities to raise funds and exploitation of globalised networks for
financial resources have been the ways to keep their unlawful activities going.
• It is believed that ISI's terror network is self-supporting financially and the money comes from:
o Donations from Islamic countries in the name of Jihad
o Earnings from drug trafficking
o Issuing fake Indian currency notes (FICN)
o Other kinds of organised crime
• It is believed that the financial network operates through a few trusts, like the Al-Rashid from Karachi and the
Rabita Trust from Islamabad. Usually these trusts operate through fake bank accounts.
• The transfer of money to terrorist organisations is largely done through hawala transactions. Many a times, it has
been found by Indian intelligence agencies that agencies like JeM, LeT and HM are funded indirectly by the ISI
through the above-mentioned means.

Funding Sources for Other Forms of Terrorism:

• Most insurgencies of the North-east receive funding from extortion and taxation, which is a local source. This is
supplemented by trafficking of drugs, weapons and counterfeit currency. The insurgencies in the region have
limited state-sponsored funding from outside and raising finances through private sources is the norm.
• The case of CPI (Maoist) led insurgency is similar, with local financial resources providing the bulk of its funding.
They also take a share from big infrastructure projects like roads, national highways, dams, rural development
projects, etc.
• Apart from this, they receive security money from mining companies and multinational corporations (MNCs)
operating in the country. But there is no substantive evidence of state sponsorship to naxalism. They have also not
profited substantially from the globalised financial environment.

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 • These groups then use the funds collected to smuggle weapons, explosives and technology based equipments,
like satellite radios, from across the border.
• India has porous borders with Nepal, which is exploited. Similarly, borders with Bangladesh, Myanmar and Pakistan
are often used for pushing in weapons and ammunition.

Steps Taken to Check Terror Funding

• Making terrorist finance an offence under UAPA
• Integrated action of Security agencies with Financial Intelligence Unit
• Demonetisation
• Improved safety features in new currency
• Strengthening of PMLA in 2013 and 2018
• A special Combating Financing of Terrorism (CFT) Cell (created in MHA in 2019).
• The Unlawful Activities (Prevention) Amendment Act, 2004 also provides for punishment for knowingly
holding a property derived or obtained from the commission of a terrorist act or acquired through terrorist funds.

Modern Day Online Terrorism (Cyber Extremism):

• One can clearly see a shift in the modus operandi of terror outfits in the way of recruiting, training and
deploying the cadre. Earlier the potential candidates were won over by taking recourse to self-proclaimed
superiority of particular religion or ideology.
• They were then smuggled out to undergo further indoctrination and tactical training outside the targeted
country. Thereafter they were sent back to await instructions as sleeper cells or tasked to carry out certain terror
attacks or operations.
• Here everything is online, from radicalisation to recruitment to training to money transfer, which is far more
dangerous than the ISI modus operandi which usually trains people across the border. In the ISI module, the
wannabe terrorist had to cross Indian border via various routes which was not as easy always.
• With the advent of widespread use of internet and modern communication technology, both open and clandestine
(deep web, dark web etc.) there is no need to send the cadre for training in designated locations.

Radicalisation:
• Radicalisation is a process by which an individual or group, being dissatisfied with the current scenario, adopts
an increasingly extreme political, social or religious ideology to change things as per his/their beliefs, which
could also involve violence.
• Radicalisation, if unchecked, can lead to extremist discourse in society, recruitment by terrorists, aggravate
communal tension/violence and fuel extremism in other groups.
• In the recent past radicalisation of youths by the terrorist organisation is on a rise.
• Online radicalisation and recruitment of Indian youth by ISIS is a major threat to the nation's sovereignty,
security and integrity. But with the advent of increasing internet penetration and social media the problem has got
compounded.
• It is difficult to regulate social platforms due to their inherent advantages on one hand and greater anonymity, and
transnational reach on other.

De-radicalisation and Counter Radicalisation

De radicalisation is a process by which an already radicalised person is brought back into mainstream society while
counter-radicalisation is the process by which vulnerable persons are prevented from getting radicalised.

Way Forward to Check Online Terror:

Any step to regulate the internet should be in consonance with utmost respect to the fundamental rights of citizens to
speech and expression, information, connection etc.
• International Cooperation: An international consensus should be built among nations and various IT-related
organisations to follow certain guidelines in regulating internet use.
• Comprehensive Legislation: Strict laws should be enacted to create deterrence for being involved into any kind of
radicalisation.

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• Empowered investigation and judicial process to punish those involved in such activities.
• Use of Technology: Technology like big data can be used to catch phrases related to radicalisation and delete any
such content. To avoid children falling prey to radicalisation, online sites can use similar method like YouTube to
verify the age of viewer before allowing to watch any adult video.
• A multi-pronged strategy focusing on rational and logical counter-propaganda should be adopted with the help
of civil society, NGOs etc. We need to have very strong online surveillance capabilities. Social media monitoring
capabilities to counter such kind of radicalisation.
• Increase in intelligence sharing and coordination between agencies such as NIA, IB and state police, etc. is a
must to prevent such incidents.
• Parents, family and society needs to be more alert and aware in watching the activities of their children. They
should not only monitor activities but counter the radical ideology with rational and logical thinking Help to be
provided by professional counsellors to counsel against radicalisation once it is reported by some friend or family
member.
• Police forces needs to be trained to develop counter terror capabilities and should be equipped with knowledge
of recent technology.

Preparedness against terrorism:

Key elements of a potential counter-terror strategy:
• Political consensus: Union Government should have intensive interactions with the States and Union Territories
while drawing up the national strategy, the latter would be required to do their part in close consultation with the
nodal ministry of the Government of India.
• Good governance and socioeconomic development: This would necessitate high priority being given to
development work and its actual implementation on the ground for which a clean, corruption-free and accountable
administration at all levels is an imperative necessity.
• Respect for rule of law: Governmental agencies must not be allowed to transgress law even in dealing with critical
situations caused by insurgency or terrorism.
• Countering the subversive activities of terrorists: Government must give priority to defeating political
subversions (e.g. by terrorists and Maoists). The emphasis should be on civil as opposed to military measures to
counter terrorism and insurgency.
• Providing the appropriate legal framework: The ordinary laws of the land may not be adequate to book a terrorist.
This may require special laws and effective enforcement mechanisms, but with sufficient safeguards to prevent its
misuse.
• Building capacity: The capacity building exercise should extend to the intelligence gathering machinery, security
agencies, civil administration and the society at large.

Steps taken by government:

• Enacting legislative framework such as The Unlawful Activities (Prevention) Act, 1967; The National Security
Act, 1980; The Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985 and 1987; Prevention of
Terrorism Act, 2002 (POTA)
• Call for adoption of Comprehensive Convention on International Terrorism (CCIT), a proposed treaty which
provides a comprehensive global legal framework against terrorism.
• Cooperation with USA: In 2011, US-India Homeland Security Dialogue was created, which was the first
comprehensive bilateral dialogue on homeland security issues between our two countries.
• Part of Global Network of Cities on Terror Fight: Mumbai has now become part of this network formed at UN
Level that will exchange techniques and develop infrastructure to combat extremism and strengthen their cyber
security system.
• Countering terrorist financing: India is part of the Global regime of Financial Action Task Force which aims to
counter terrorist financing. For instance, FATF has kept Pakistan in its Grey List for failing to comply with its
deadline to prosecute and penalize terrorist financing in the country.

Institutional Framework to Tackle Terrorism:

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 • Before 2008, terrorism was fought mainly by the Intelligence Bureau (IB)
with the help of state police and Central Armed Police Forces. The IB played
the role of an intelligence agency which coordinated the efforts of various
state police forces.
Before 26/11 • The operations and investigations part were looked after by the state police.
After the assassination of former Prime Minister Indira Gandhi, a special
commando force (NSG) was created to engage and neutralise the terrorist
threats in specific situations. NSG commandos were trained in high risk
tasks like counter hijacking and counter terrorist operations.
• Although the Mumbai Police and the NSG are applauded for their operations
during the 26/11 attacks, their initial response and operating procedures brought
to light serious flaws in coordination.
New Changes after 26/11 • Post 26/11, many steps were taken by the Centre in this regard. The Centre also
announced the creation of many new institutions, NIA, NATGRID, MAC
(revamping), NCTC. Many steps were taken on the legal front also.

NATGRID
• The National Intelligence Grid or NATGRID is an integrated intelligence grid that will link the databases of
several departments and ministries of the Government of India so as to collect comprehensive patterns of intelligence
that can be readily accessed by intelligence agencies.
• 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. This combined data will be made available to 11 central agencies.
• It is yet to become operational. The government is taking measures to make NATGRID functional.

Revamping of Multi Agency Centre (MAC)

• MAC is a multi-agency centre for Counter Terrorism whose mandate is to share terrorism related intelligence
inputs on a day to day basis.
• Multi Agency Centre (MAC) was created at Delhi and Subsidiary Multi Agency Centres (SMACs) in various states
comprising representatives from various security agencies for streamlining intelligence efforts after Kargil war.
• But it was revamped after 26/11. MAC in the Intelligence Bureau shares intelligence with various agencies
including the police, CAPFs, defence and financial intelligence agencies.

Creation of Four New NSG Hubs

• The limitation of inadequate security forces was addressed by opening NSG hubs at four places at Mumbai, Kolkata,
Chennai and Hyderabad after Manesar in order to ensure faster and more effective reaction to crisis situations.

Coastal Security Scheme Revamped

• The issue of maritime security and the lack of it surfaced and gained much attention after the Mumbai attacks.
• To strengthen coastal security of the country, series of measures have been taken to review, upgrade and strengthen
the coastal security of the country. The following major decisions/initiatives have been taken by the Centre:
o The task of guarding the Indian coastline right from the shoreline has been entrusted to the Coast Guard.
However, the responsibility of overall maritime security rests with the Indian Navy.
o Coastal States/UTs have been directed to expedite the implementation of the approved Coastal Security
Scheme such as early completion of construction of coastal police stations, check posts, out-posts etc.
o The coastal states and UTs have been directed to immediately start coastal patrolling by locally hired fishing
boats/trawlers.
o The coastal states/UTs have been directed to carry out vulnerability/gap analysis on their coasts in
consultation with Coast Guard.
o Ministry of Shipping, Road Transport and Highways has been directed to streamline the process of
registration of all types of vessels, i.e., fishing as well as non-fishing vessels.
o To issue ID cards to all the fishermen and all the population of the coastal villages.

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Legal Framework to deal with Terrorism:
The first special act to deal with terrorism was the Terrorist and Disruptive Activities (Prevention) Act or TADA as
it is commonly called. It came into force after Indira Gandhi's assassination. But following allegations of its misuse, it
was allowed to lapse in 1995 and another special act called the Prevention of Terrorism Act (POTA) was enacted in
2002 in the aftermath of the December 2001 attack on Parliament. POTA was also repealed in 2004. After 26/11, the
Unlawful Activities (Prevention) Act, UAPA Amendment Act came in force in December, 2008 which was further
amended in 2012.

1. UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ACT, 2019

Key Amendments in the legislation:

• Expands the scope of terror entities: Previously the central government may designate an organisation as a
terrorist organisation, if it, prepares or commits or participates or promotes or otherwise involved in terrorism. Now
the government is empowered to designate individuals as terrorists on the same grounds.
• Approval for seizure of property: Earlier an investigating officer was required to obtain the prior approval of the
Director General of Police to seize properties that may be connected with terrorism. Now, if the investigation is
conducted by an officer of the National Investigation Agency (NIA), the approval of the Director General of NIA
would be required for seizure of such property.
• Empowering NIA: Earlier, the investigation of cases may be conducted by officers of the rank of Deputy
Superintendent or Assistant Commissioner of Police or above. This Bill additionally empowers the officers of the
NIA, of the rank of Inspector or above, to investigate cases.
• Insertion to schedule of treaties: There were nine treaties listed in a schedule (like Convention for the Suppression
of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979)) to the Act, according to
which the Act defines terrorist acts to include acts committed under those treaties. This Bill adds the International
Convention for Suppression of Acts of Nuclear Terrorism (2005) to the list.

Need and Benefits of these amendments:

• Increasing threats of terrorism- especially emanating from the cross border infiltration, which have caused
multiple civilian as well as defence causalities in India.
• Many individuals escaped the radar- Not designating individuals as terrorists, would give them an opportunity to
circumvent the law and they would simply gather under a different name and keep up their terror activities.
• Delay in the current process- the law required that NIA take prior permission from the respective state DGP to
attach the proceeds of terrorism. This delays the process as often such properties are in different states.
• Requirement of Human Resources- By empowering officers with the rank of inspectors and above to investigate,
the amendment seeks to solve the human resource crunch in the NIA.

Concerns with the amendment:

• Draconian Provisions- The Central Government will be having the power to declare an individual as ‘terrorist’,
which potentially dangerous because it will empower officials of Union Ministry to brand any person as a terrorist
without following due process.
• Potential of misuse- The terms terrorist propaganda, terrorist literature etc. are vague terms having a potential of
being misused by the authority.
• Goes against the judicial prudence- if a person is labelled as ‘terrorists merely on the basis of speech and
thought’. Rather it should be considered only if such speech gives rise to direct and imminent violence.

Way Forward:
• Safeguards against misuse- The Act have provisions for four level scrutiny before any decision is taken on
designation of an individual as a terrorist. Proper legal and concrete evidence has to be there to support this and
there will be close scrutiny at every level.
• The different agencies of state should ensure that due process of law is applied while dealing with various cases
under this legislation.
• Need to ensure state of the art training- of young officials as to make them competent in tackling complex cases.

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 • Need for a central agency for overseeing evidence collection- so as to aid investigation process, especially when
cases need to connect dots across the borders.
• The primary duty of the state is to secure the lives and property of its citizens and this amendment empowers the
state in doing so.

2. NIA (AMENDMENT) ACT, 2019

The Parliament recently passed the National Investigation Agency (Amendment) Act 2019, which seeks to expand
the powers and jurisdiction of the NIA.

Key Amendments:
• Enhances the scope of Offences: which are mentioned in the schedule to the Act, such as the Atomic Energy Act,
1962, and the Unlawful Activities Prevention Act, 1967. This amendment enhances this scope to include other
offences like human trafficking; offences related to counterfeit currency or bank notes; manufacture or sale
of prohibited arms; cyber- terrorism; offences under the Explosive Substances Act, 1908.
• Enhances the jurisdiction of the NIA: as the officers of the NIA will have the power to investigate scheduled
offences committed outside India, subject to international treaties and domestic laws of other countries.
o The Union government may direct the NIA to investigate such cases, as if the offence has been committed
in India.
o The Special Court in New Delhi will have jurisdiction over these cases.
• Additional Provisions for Special Courts: The NIA Act allowed the central government to constitute Special
Courts for the trial of scheduled offences.
o Now the central government may designate Sessions Courts as Special Courts for the trial of scheduled
offences, but in consultation with the Chief Justice of the High Court under which the Sessions Court is
functioning.
o When more than one Special Court has been designated for any area, the senior-most judge will distribute cases
among the courts.
o Further, state governments may also designate Sessions Courts as Special Courts for the trial of scheduled
offences.

Way Forward:
The functioning of NIA should not depend on political mandate, but on rule of law. It must be ensured that human
rights are secured.

Issues With Anti-Terror Legislations

• Incoherence and Misuse- The haste in legislating anti-terror laws led to a significant amount of incoherence,
without substantial thought being given to the unintended consequences of the slight tweaks in language.
• Various other state laws have been made without studying the misuse and impact of TADA and POTA, thus
increasing the suspicion of their misuse.
• Complexities of Indian federalism- Various state laws have faced hurdles in getting Presidential assent and
similarly, legal attempts to bring a National Counter Terrorism Centre were thwarted by the state governments.
• Legislative gap between Union laws- such as there was a long gap of four years (since repeal of POTA in 2004
till the amendments in UAPA in 2008) when India did not have any special federal anti-terror legislation.
• State specific problems- such as the presence of underworld and organized crime networks in Maharashtra,
Arunachal led to the enactment of legislations against organized crime like MCOCA, APCOCA.

Failure Of Intelligence Agencies

• Lack of expertise and infrastructure has resulted in a substandard surveillance from across the border resulting in
ever increasing terror activities.
• Lack of coordination between Army, state police, paramilitary forces lead to confusing outcomes. Similarly
there is no coordination between defence intelligence units like IB, NSA, NSC have been creating lacunae within.

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• Hierarchical confusions arising because of presence of PMO, NSA, Ministry of Defence, Ministry of Home Affairs
all in loop creating slip ups.
• Inputs gathered are either too late or not unabridged enough to know the exact nature of the activity. Ex: Mumbai
attacks information.
• Reports not tabled in Parliament and anonymity maintained as to how they function. This leads to lack of
accountability.
• No parliamentary or public debate happens on working of these institutions which diminishes essence of
democratic debates in country.

Convention On International Terrorism

The Convention on international terrorism was proposed by India in 1996. Despite the passage of two decades, the
countries are yet to come to a conclusion.

Need:
• CCIT provides a legal framework which makes it binding on all signatories to deny funds and safe havens to the
terrorist groups.
• It will provide an universal definition of terrorism that all 193-members of the UNGA will adopt into their own
criminal law.
• To ban all terror groups and shut down terror camps. To make cross-border terrorism an extraditable offence
worldwide. Without it countries are unable to develop a norm under which terrorists shall be prosecuted or
extradited.
• Increased data sharing between foreign funding, drug and arms trade network and foreign tourist arrival (FTA)
data.
• Islamic state is growing its influence further east despite being under siege in Iraq and Syria. The deadly attacks in
Pakistan, on a court and a Sufi shrine, and the unearthing of an IS cell in Hyderabad in India are proof. So there is
a need for the global effort against terrorism.

India’s role:
• India must isolate and act against countries that serve as safe havens for terrorists.
• India must redouble its diplomatic efforts with the UNSC, US, OIC, and the Latin American countries who are
creating major obstacles to ratify the UN Comprehensive Convention on International Terrorism.
• Adoption of the draft Comprehensive Convention on International Terrorism will be an expression of India’s
resolve to fight terrorism.
• The current differences between definition of terrorism need to be resolved through a broader framework with
stress on human right violations and extra judicial killing.
• With terrorism on a rise and even countries who have been sponsors of terror are becoming victims of it shows the
necessity and significance of CCIT and with India’s continuous pursuance this can be achieved.

Role of FATF in Combating Terrorist Financing:

• Setting global standards to combat terrorist financing: FATF ensures all its members have implemented
measures to cut off terrorism-related financial flows, in accordance with the FATF Recommendations. All
members are required to:
o Criminalise the financing of individual terrorists and terrorist organisations.
o Freeze terrorist assets without delay and implement ongoing prohibitions.
• Evaluating countries’ ability to prevent, detect, investigate and prosecute the financing of terrorism: FATF issues
two lists namely-
o Black list (officially known as High-Risk Jurisdictions subject to a Call for Action): The current FATF blacklist
includes two countries: North Korea and Iran.
o Grey list (officially referred to as Jurisdictions Under Increased Monitoring)

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 • Assisting jurisdictions in implementing financial provisions of the United Nations Security Council
resolutions on terrorism: The FATF has developed a range of tools and guidance to help detect, disrupt, punish
and prevent terrorist financing.

Mutual Legal Assistance Treaty

• The Ministry of Home Affairs is the nodal ministry for concluding Mutual Legal Assistance Treaties in criminal
matters which are designed to facilitate widest measures of mutual assistance in investigation, prosecution and
prevention of crime, service of summons and other judicial documents, execution of warrants and other judicial
commissions and tracing, restraint, forfeiture or confiscation of proceeds and instruments of crime.
• These agreements assume importance in combating transnational organised crimes, trans-border terrorism,
crimes and other serious offences, such as drug trafficking, money laundering, counterfeit currency, smuggling of
arms and explosives, etc. India has so far operationalised these treaties with 34 countries.

Joint Working Groups (JWGs) to Counter Terrorism:

The Ministry of External Affairs is the nodal authority for setting up of JWGS on Counter Terrorism to exchange
information and strengthen international cooperation to combat terrorism and transnational organised crime. PP
Division acts as an interface with MEA on issues concerning Joint Working Groups on Counter Terrorism set up
between India and other countries to discuss bilateral security issues.

Security Council Resolution 2322:

On December 12, 2016 the Security Council unanimously adopted a resolution aimed at enhancing and fortifying
judicial cooperation worldwide in countering terrorism. It aims to enhance the efficacy of international legal and
judicial systems in their fight against terrorism through operational collaboration.

National Counter Terrorism Centre (NCTC)

• The concept was conceived after 26/11, where several intelligence and operational failures revealed the need for
federal agencies with real time intelligence inputs of actionable value, specifically to counter terrorist acts.
• NCTC was mooted to be an apex body with single effective point of control for all counter terrorism measures.
It was modelled on the lines of American and British bodies. NCTC was to be kept under the administrative
control of IB.

2nd ARC Recommendations:

• Need for a Comprehensive Anti-Terrorist Legislation:
o A comprehensive and effective legal framework to deal with all aspects of terrorism needs to be enacted. The
law should have adequate safeguards to prevent its misuse. The legal provisions to deal with terrorism could
be incorporated in a separate chapter in the National Security Act, 1980.
• Definition of Terrorism:
o There is need to define more clearly those criminal acts which can be construed as being terrorist in nature.
• Confession before a Police Officer:
o Confession before the police should be made admissible. But this should be done only if comprehensive police
reforms are carried out. Till such time, confessions should continue to be made before judicial magistrates.
• Special Courts:
o Provisions for constitution of Special Fast Track Courts exclusively for trial of terrorism related cases may be
incorporated in the law on terrorism. Other specific provisions related to such Special Courts may also be
incorporated. Such Courts may be set up as and when required.
• Measures against Financing of Terrorism – Anti-money Laundering Measures:

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 o The Prevention of Money-laundering Act (PMLA) may be suitably amended at an early date to expand the list
of predicate offences to widen its scope and outreach.
o The financial transaction reporting regime under the Financial Intelligence Unit (FIU-IND) may be extended
to cover high risk sectors such as real estate. There is also need to strengthen the capacity of FIU-IND to enable
it to meet future challenges.
• Role of Citizens, Civil Society and Media in Combatting Terrorism – Education:
o NCERT has proposed a scheme to encourage and support institutions, voluntary agencies and NGOs etc.
engaged with school education for promotion of Education for Peace within the country. These initiatives need
to be encouraged with necessary funds and other material support.
o The feasibility of extending the scheme to religious schools also needs to be examined.
• Role of Citizens, Civil Society and Media in Combatting Terrorism – Media:
o The potential of media in spreading education and awareness needs to be tapped to build the capacity of citizens
in dealing with any public disorder, particularly terrorist violence.
o Media should be encouraged to evolve a self-regulating code of conduct to ensure that publicity arising out of
terrorist attacks does not help the terrorist in their anti-national designs.
• Role of the State and Reforms:
o A national forum should be set up for formulation of policy and strategy for dealing with terrorism.
o A stable, comprehensive, all India anti-terrorist legislation, having adequate safeguards against abuse, must be
put in place.
o While terrorist violence has to be effectively dealt with by the security forces, people’s grievances – genuine
and perceived – which get exploited, have to be redressed by concerned agencies with a sense of urgency.
o A stable, effective and responsive administration is an antidote to terrorism.
o For effectively dealing with violence, outdated laws (e.g., The Explosive Act), containing irrelevant provisions
resulting in delay in investigation and prosecution of offenders, must be amended.
o Developmental activities should be planned and executed with due regard to problems of displacement of
people, resettlement etc., so that violent eruption of conflicts on such issues can be avoided.

“LONE WOLF” ATTACKS:

• These attacks involve threat or use of violence by a single perpetrator (or a small cell).
• A lone wolf acts without any direct support of any other group or other individual in the planning, preparation
and execution of the attack.
• Ranging from threatening and intimidating people to indiscriminate shootings, vehicle ramming, stabbing and
suicide bombings, lone wolf terror attacks have become a grave threat.
• Long-term data reveals the proportion of lone wolf attacks, has risen from under five per cent in the mid- 1970s to
above 70 per cent for the period between 2014 and 2018.

Reasons for recent increase in Lone wolf attacks

• Ease of radicalization through technology: Number of online forums and social media profiles, where hate-speech
and pro-terrorist sentiment flourishes, has increased. They act as source of inspiration and aid to forge connections
to like-minded extremists.
• Mental illness: According to some estimates, more than 40 percent of attacks were perpetrated by people with
diagnosed mental illness.
• Increasing extreme ideological movement: Extreme ideological movements are growing stronger in several
European countries. Agitators have exploited the fear of religious minorities and refugees in order to undermine
public confidence in government and turn them against the society.
• Ease of execution: Terrorist organisations have embraced this tactic to spread violence in countries where
coordinated big attacks are difficult to execute due to stringent security.
• Lax Gun Control regime: favors lone wolfs in carrying out attacks with mass casualties.

Way forward

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 • A multi-pronged approach towards radicalization must be adopted by the government and the security agencies,
anchored in human intelligence, strong ties with communities and community leaders and deradicalization
programmes.
• Monitoring social media can help officials spot potential attackers without previous connections to other terrorists.
• Try to make lone-wolf attacks less lethal by limiting access to explosive materials, semiautomatic weapons etc.
• Focus on gathering intelligence, arresting suspected cell leaders, and destroying terrorist command centers
involved in radicalization activities.
• Proactive measures such as training and equipping the local police, contingency plans by the intelligence and
counter-terrorism structures, and a robust national counter-terrorism doctrine addressing the different nuances of
terrorism are strategically important to subdue any attempts of lone wolf terrorism.
• Big data analytics can be used to discern the level of radicalization of potential recruits, their networks and sources
of information, funding and leadership in order to help unravel the roots of radicalization.

Previous Year Questions: GSM-3

1. Cross-Border movement of insurgents is only one of the several security challenges facing the policing of the border
in North-East India. Examine the various challenges currently emanating across the India-Myanmar border. Also,
discuss the steps to counter the challenges. - 2019
2. Indian Government has recently strengthened the anti-terrorism laws by amending the unlawful Activities
(Prevention) Act (UAPA), 1967 and the NIA act. Analyze the changes in the context of prevailing security
environment while discussing the scope and reasons for opposing the UAPA by human rights organizations. - 2019
3. 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? - 2016
4. What, in your opinion, are the causes of terrorism? Suggest suitable measures to deal with the threat of terrorism in
India. – 2008

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 CH-4 LINKAGE BETWEEN ORGANISED CRIME AND TERRORISM

Introduction:
• Understanding the organised criminal group as per UN convention against Transnational Organised Crime
defines organised criminal group as:
➢ A group of three or more persons that was not randomly formed;
➢ existing for a period of time;
➢ acting in concert with the aim of committing at least one crime punishable by at least four years' incarceration;
➢ In order to obtain, directly or indirectly, a financial or other material benefit.
• Organised crimes are done with the motive of monetary gains by illegal means. Organised crimes are transnational
in nature. Their presence is a great threat for the country’s security.
• Definition of organised crime as per Maharashtra control of organised crime act, 1999.” Organised crime”
means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organised crime
syndicate or on behalf of such syndicate by using violence or threat of violence or intimidation or coercion, or other
unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage
for himself or any person or promoting insurgency.
• Interpol has defined organised crime as “Any group having a corporate structure whose primary objective is to
obtain money through illegal activities, often surviving on fear and corruption”
• Organised crime (OC) is highly sophisticated, diversified, and widespread activity that annually drains billions
of dollars from the global economy by unlawful conduct and illegal use of force, fraud, and corruption.
• Organised criminal activities weaken the stability of the nation’s economic system, harm innocent investors and
competing organisations, interfere with free competition, seriously burdens interstate and foreign commerce,
threaten the domestic security and undermine the general welfare of the nation and its citizen

Organised crime can be grouped to two parts as-

• Traditional organised crime (illicit liquor trade, betting, gambling, extortion etc.).
• Non-traditional organised crime (money laundering, circulation of fake currency, Hawala transfer etc.)

Organised crime thrives in the areas where enforcement of law and order is not proper.

Factor helping in growth of organised crime-

• Increasing demands of illegal goods in global market like trade of
Human organs, endangered wild life, drugs etc.
• Geographical terrain and opens borders.
• Globalisation had brought new opportunity and market for these
groups.
• Unholy nexus between politicians, bureaucrats and criminals
• Criminalisation of politics.
• Technology also helped them to operate safely hence reducing
their risk.
• Return compared to the risk factor is very high.
• India’s proximity with drug producing regions like Golden
Crescent in the West and Golden Triangle in the East.
• The globalisation of the economy has definitely helped the crime syndicates carry out their illegal activities across
the borders with great ease. This has been further facilitated by the phenomenon of ‘digital money’. Such
organisations, very conveniently find safe havens outside the country.

Variants of organised crime

• Arms trafficking.
• Drug Abuse and Drug Trafficking
• Narcotics trafficking
• Human smuggling

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 • Money laundering
• Illegal Immigration
• Contract Killings
• Prostitution
• Fake currency
• Gold smuggling
• Maritime piracy
• Extortion
• Cybercrime etc.

Challenges:
• No Specific law: India does not have any specific law to deal with organised crime. It depends on various provisions
of IPC and other laws which are scattered.
• Anonymity of leadership: As organised criminal groups are structured in a hierarchical manner, it becomes difficult
to identify these leaders. Also, such groups keep changing their leadership to avoid law enforcement agencies.
• Lack of Resources: According to the Constitution, police is a state subject. But many states are not in a position to
invest resources to deal with organised crime.
• No Central Agency: India does not have any central agency to coordinate with state agencies, for combating
organised crime.
• Trans-national presence: Some of the crimes are planned in outside the country. Tough terrain in India’s
neighbourhood provides safe havens to these organised criminals.
• Poor criminal justice system: There are 3 crore pending cases in Indian judiciary. The delayed justice and poor
investigation by police also gives opportunity to these organised criminals to exploit the system.

Suggestions:
• We should also create one central agency mandated under the law, to coordinate with state agencies for all the issues
related to organised crime.
• Improving intelligence is the most important task because organised crimes are done anonymously. Such anonymity
can only be traced with the help of strong local intelligence.
• Cooperation of International organisations, governments and civil society is needed to curb the crimes with no
borders.
• Central government should allocate more resources to the state government to improve their criminal justice system.
• Police department should be made truly independent to deal with organised criminals.
• Improving criminal justice system.
• Separating law and order functions and investigation functions of police.
• Unemployment should be reduced by giving priority to job creation and skill development.

2nd ARC → India needs to enact a central law which will deal with all organised crimes comprehensively.
Specific provisions to define organised crimes should be included in the new law governing ‘Federal
Crimes’. The definition of organised crime in this law should be on the lines of the Maharashtra Control
of Organised Crime Act, 1999.

Understanding the link between the organised crime and Terrorism:

• Terrorism and organised crimes (money laundering, drug trade, weapons trade, human trafficking, fake currency)
are conjoint twins that pose a great threat to the world through their syndicate and their deadly effects.
• As to carry out terrorist activity a lot of money is required so, terrorist engage in organised crime to fund their
terrorist activity. Organised crime is main source to generate money for terrorist.
• Due to transnational nature of organised crime they host the terrorist and create opportunity for their growth
in new areas.
• Terrorist groups use the established network of organised criminal groups for transfer of money.
• Organised crime groups provide smuggled arms and explosive to terrorist groups in exchange terrorist group
provide protection, drugs etc.

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• Terrorist organisation also mobilise funds by providing couriers of illegal drugs and arms etc. for various
organised criminal group.

They have a symbiotic relationship and their strong presence can be seen in the areas having ineffective governance.
But all organised crime is not terrorist act and not all terrorist acts are organised crime.

Examples showing relationship between organise crime and terrorism:

• Human trafficking, drug trafficking and gun running are some of the other criminal activities that have been common
sources of funds for terrorism.
• In the Northeast, extortion is the fundamental basis for funding all forms of terrorism. In addition to this,
kidnapping has been used extensively for spreading terror and raising funds.
• In J&K, counterfeit currency has been a major source of funding terrorism. Money laundering plays a significant
role. Hawala (money laundering) transactions take place swiftly and effectively in Kashmir.
• In the Maoist terror movements, extortion is yet again a common phenomenon. They have also indulged in
robberies of banks to fund their movement.

Similarities Between Organised Crime and Terrorism:

• Both use extreme violence and the threat of reprisals. The violent activities include use of kidnappings,
assassinations, and extortion.
• Both operate secretly, though at times publicly in friendly territory.
• Both defy the state and the rule of law. They present great security threat to the nations.
• Both are highly adaptable, innovative, and resilient.
• They both have provided social services, though this is much more frequently seen with terrorist groups.

Linkages Between Organised Crime and Terrorism:

• Terrorist groups need arms and money to fight against security forces. The organised criminals and terrorist groups
become client of each other. Organised criminals groups smuggle arms, drugs, cattle, humans to generate money
for terrorist groups.
• Terrorist groups always try to destabilise the country and bring down the morale of security forces. When the
terrorist groups are unable to confront with the security forces directly, they turn towards organised criminals. Thus
organised criminals indirectly help these terrorist groups.
• Organised criminal groups generally establish strong communication network. These organised groups act as eyes
and ears of the terrorist groups.
• Terrorist organizations in India, especially in the northeast, mobilize funds by becoming couriers of illegal drugs
and arms and at times even human beings from one point to another within the country.
• Terrorists are always in need of money. As they fail to mobilise large amount of money, they take help of organised
criminals to exchange counterfeit currency with arms.

Penetration of Organised crime and their link with terrorism in different states of India

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 Jammu and Kashmir • Money laundering and Hawala transaction took place in the state in order to
fund the terrorist activity.
• Fake currency is used for the payment of terrorists.
• Terrorists as couriers for fake currency in the state.
North-East Region: • Extortion, kidnapping etc. are main sources to generate money for funding
insurgency in the region.
• Terrorists provide courier services for organised criminal groups like illegal drugs
and illegal arms etc.
In Left wing extremism • Extortion is main source of revenue for funding extremism.
area:

Another perfect example of this link of terrorism and organised crime can be seen in Bombay blast of 1993. The groups
like D-company come in light.

Difference between organised crime and terrorism

ORGANISED CRIME TERRORISM

• Aims to run a parallel economy • Aims to over throw the existing by changing the
• Any change status quo is accidental. status quo.
• Mostly prefers non-violence • Violence is main weapon.
• Economic objectives • Political objective.

Breaking the Nexus of organised crime and terrorism

With increasing international pressure, increased understanding between governments of different countries the state
funding of these terrorist is going down day by day so, for financial viability their link with organised crime is increasing.

Following steps can be taken to deal with nexus-

• Stringent laws are required like Gangster act to tackle organised crime.
• Better intelligence and along with good military support.
• Disrupting the networks of terrorist and syndicates of organised criminal groups.
• Multilateral arrangements applied in which terrorist organisation and organised criminal network and their link can
be broken by intelligence, local police and with help of central government departments.
• Loopholes in the laws which are exploited by the organised criminal networks should be removed.
• Capacity and better training to law enforcement agencies of the country.

Government’s effort to deal with organised crime in the country-

• Various laws under IPC and CRPC.
• Enactment of Maharashtra control of organised crime act, 1999.
• The unlawful activities prevention act of 1967.
• Various measures related to prevention of these crimes in border areas and coastal regions of the country.
• Strengthening of law enforcement of agencies.

But as organised crimes are transnational in nature collect efforts needed.

So, at world level these initiatives were taken

• UN convention against Transnational Organised Crime along with three other protocol i.e. trafficking in persons
specially women and children, smuggling of migrants, illegal manufacturing and trafficking of fire arms.
• UN office on Drug and crime for better enforcement of law and capacity building.
• Creation of financial action task force to deal with issue of money laundering and terror funding.

Conclusion:

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The threat of organised crime is increasing day by day as organised crime feed over instability and weak law enforcement
so , strengthening the governance mechanism is the key. India must take its immediate neighbour in confidence that
their land must not be used for organised crime and strengthening the regional organisation.

HUMAN TRAFFICKING:
• World over, human trafficking is labelled as the third most lucrative illicit trade, after drugs and arms.
• According to the UN Office for Drugs and Crime, South Asia, with India at its centre, is the fastest-growing and
second-largest region for human trafficking in the world, after East Asia.
• Even according to government data released recently, almost 20,000 women and children were victims of human
trafficking in India in 2016, a rise of nearly 25% from the previous year

Reasons for increase in Human Trafficking:

• Increased public awareness of trafficking related crimes through sustained campaign by government and civil
society groups. Thus, more victims are coming forward and reporting.
• Poverty: Thousands of poor people are trafficked to India's towns and cities each year by traffickers in lure of good
jobs.

• Porous international borders – Because of this, border states especially sharing borders with Bangladesh and
Nepal have become human trafficking hubs
• Use of technology: Recently, a complaint has been filed with the Anti-Human Trafficking Unit of CBI to probe
what appears to be the biggest and most sophisticated online sex trafficking ring spread across several states where
network of traffickers and middlemen operating through Facebook and encrypted messaging services, including
WhatsApp
• Unemployment: As unemployment is rising over the years, people tend to sell their own wives and girl child for
sake of money. West Bengal’s 24 Pargana district constitutes 24% of human trafficking cases.
• Commodification of women: In patriarchal societies women are seen as objects or commodities. Women are worst
victims of human trafficking. Even the terrorist organisations are involved in women trafficking for the purpose of
physical pleasure.

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 • Child labour: Child labour is a major issue in poor countries like India and other South Asian countries. As children
can be paid less wages, the children are trafficked to employ them in hotels, mines etc.
• Growing syndicate of beggars: Earlier begging was done on individual basis. But now it is observed that even
beggars are forming groups, they target specific areas. Such beggars groups generally resort to child trafficking.
These children are used for begging to gain the sympathy of the people.

The government had enacted various laws to deal with this issue but there are following issued with the existing
system:
• Cross-national victims are victimised twice. If victim and trafficker are arrested in India, they are both charged
under Foreigners Act, 1946. According to the Act, if an offender is a foreigner, he/she should be punished under
this Act and deported. As a result, the trafficked person is treated as a criminal for his/her unlawful presence in
India.
• Not comprehensive law: Indian laws do not target traffickers and their associates or penalise them adequately. The
penal clauses are not used adequately to bring the clients to justice.
• Lack of awareness of provision: The trafficker can be charged under Section 366B of the IPC which states that
importation of a female below the age of 21 years is a punishable offence but it is rarely implemented due to
unawareness of police.
• Delay in the verification of the addresses of victims: May take as long as two or three years. The reasons for this
include delay in confirmation by the Bangladesh government and Incorrect, incomplete, or vague address given by
the trafficked persons at shelter home.

Status of Drug Abuse and Drug Trafficking in India:

As per a home ministry report there are around 40 lakh drug addicts in India. The most common drugs of abuse are
'ganja', 'hashish', 'opium' and 'heroin'.

Some of reasons for Drug Abuse and Drug trafficking:

• Due to the presence of Golden Crescent and Golden Triangle in the region, India has been more vulnerable for
narcotics trafficking and its abuse.
• India has Narcotics Drugs and Psychotropic Substance Act 1985, which provides minimum punishment of 10 years
for offences under this Act. But its Implementation by the states has been tardy.
• India has also signed bilateral agreements with USA, UK, Myanmar, Afghanistan, UAE, Mauritius, Zambia, and
the Russian Federation for ‘drug control’.
• Further the rise of Virtual Currencies like Bitcoin has also increased funding avenues for smugglers and drug
traffickers.
• The abuse of pharmaceutical preparations like 'buprenorphine', codeine-based cough syrups and painkillers like
'proxivon' within the country.
• Other Factors: Turf wars between various agencies, corruption, intelligence failure, lack of manpower and
infrastructure, poor drug detection training, and procedural delays are other factors that hamper the effectiveness of
the country’s drug prevention efforts.

Impact:
• Socio-Political Impact: Drug trafficking undermines the socio-economic and political stability and sustainable
development.
• Loss of Human lives: Drug trafficking and abuse has continued its significant toll on valuable human lives
especially and loss of productive years of many persons around the globe.
• Ever-growing prevalence of HIV/AIDS among North eastern states people has also been highlighted as one of
major implication by UNDOC.
• National Security: Involvement of various terrorist groups and syndicates in drug trafficking leads to threat to the
national security and sovereignty of states by the way of Narco-terrorism.

Steps Undertaken by India:

• Statutory Measures: India has enacted Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act)
and Prevention of Illicit Trafficking of Narcotics Drug and Psychotropic Substances Act, 1988 through which the
country is addressing various aspects of drug problem.

35
• International Conventions: India is signatory to all three UN Conventions namely, the Single Convention on
Narcotics Drugs, 1962, the 1971 UN Convention on Psychotropic Substances and the 1988 UN Convention against
Illicit Trafficking of Narcotics Drugs, Psychotropic Substances and has also supported the global efforts led by UN
office on drug and crime (UNODC) to curb perpetrating drug menace.
• Inter-Governmental Initiatives: India has entered into various arrangements like Bi-lateral Agreements,
Memorandum of Understandings with Nepal, Thailand and Myanmar, Joint Working Groups on Counter Terrorism
and Judicial Cooperation with the countries in the region.
• India has formulated National Policy on Narcotics Drugs and Psychotropic Substances which has given equal
emphasis on supply and demand reduction.
• New guidelines for grant of rewards to be paid to officers, informers and other persons in case of seizures of
Narcotics drugs, Psychotropic substances were also issued recently.
• Ensuring physical security of the borders and coasts by strengthening patrolling and surveillance.
• Co-operating with voluntary organisations in the endeavour to prevent abuse of narcotics and synthetic drugs
• Other Initiatives: National Awards for institutions & individuals working in the field of prevention of drug abuse
and creation of National Drug Abuse Helpline Number which helps the victims of drug abuse and their families in
counselling and other aids.

Way Forward:
• Synchronisation and coherence among domestic laws of neighbouring countries to deter drug traffickers and also
for translational exchange of criminals.
• Developing Common strategies to tackle with emerging threat of drug trafficking through maritime route.
• Further strengthening and upgradation of intelligence network, upgradation of surveillance equipment and
future requirements such as the setting up of training academy and drug labs.
• the Narcotics Act may be amended to plug the procedural loopholes and to calibrate punishments by grouping the
offences.
• Demand reduction: The strategies should also include demand reduction along with supply reduction. Supply
reduction would include enforcement activities while demand reduction would involve rehabilitation and de-
addiction measures.
• Other measures: Investigative skills need to be honed and trials expedited; Inter-agency exchange of information
amongst the countries by the quickest possible means coupled with expeditious extradition proceedings.

National Policy on Narcotic Drugs and Psychotropic Substances 2014:

• Production of Concentrate of Poppy Straw (CPS) in India by a company or body corporate to enable India to
retain its status of a traditional supplier of Opiate Raw Material (ORM).
• Gradual reduction of consumption of poppy straw by addicts.
• Use of satellite imageries for detection of illicit crop of poppy and cannabis and its subsequent eradication and
development of alternate means of livelihood for cultivators.
• Allowing private sector production of alkaloids from opium which are at present produced only by Government
Opium and Alkaloid Factories (GOAFs).
• Adequate access to morphine and other opioids necessary for palliative care.
• A time bound plan of action, in response to the recommendations of the International Narcotics Control Board.

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 CH-5 THE ARMED FORCES (SPECIAL POWERS) ACT (AFSPA) 1958

AFSPA (1958) act enables certain special powers to be conferred upon members of the Armed forces in disturbed areas
in the states.

ORIGIN OF AFSPA
• The Act came into force in the context of increasing
violence in the North-eastern States decades ago, which
the State governments found difficult to control.
• The Armed Forces (Special Powers) Bill was passed by both
the Houses of Parliament and it was approved by the
President on September 11, 1958. It became known as the
Armed Forces Special Powers Act, 1958.
• AFSPA is combination of two legislation - first is for
handling the insurgency in North-east passed in year 1958
and second is for handling the situation in of insurgency and
terrorism in Jammu and Kashmir passed in the year 1990.
Since inception these laws are controversial in the nature.
As both laws are more or less same so, they are collectively
called as AFSPA.

WHY WE NEED AFSPA?

• Normal CrPc and IPC provisions are not able to address these violent situations like insurgency and terrorist
activity.

DEFINITION
Armed forces Armed forces under the act means military forces operating and air forces operating, and
include any other armed forces of the Union so operating.
Disturbed area Areas are considered disturbed “by reason of differences or disputes between members of
different religious, racial, language or regional groups or castes or communities". This is
for the time being declared by notification under section 3 of AFSPA Act, to be a disturbed
area.

Power to declare Areas to be disturbed Areas

The Governor of the state or the Administrator in the case union territory or by the central government can
declare areas as disturbed areas it may be particular region or whole state after that the armed forces is used to aid the
civil power.

Special powers of the Armed Forces

Any commissioned officer, Warrant officer, Non-commissioned officer or any
other person of Armed forces equivalent rank.
1. After giving such due warning as he considered necessary, fire upon or
otherwise use force, even to the causing of death, against any person who is
acting in
2. contravention of any law or order for the time being in force in the disturbed
areas prohibiting the assembly of five or more persons or carrying of weapons.

37
3. Arrest without warrant and use of force for that purpose.
4. Destroy any arms dump or destroying the fortified position and shelter.
5. Enter and search the premises over the suspicion without warrant.

•Any arrested person to hand over the officer-in-charge of the

Arrested persons to be made over to nearest police station with least possible delay, together with
the police a report explaining the circumstances of arrest.

•No prosecution, suit or other legal proceeding shall be instituted, except

Protection to persons acting under the with the previous sanction of the Central Government, against any person in
the respect of anything done or purported to be done in exercise of the
act powers conferred by this act.

Presently AFSPA is enforced in the 5 states of North East (parts of Arunachal, Assam, Manipur, Mizoram & Nagaland)
and J&K.

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 Arguments in Favour of AFSPA -
• Provide more power to the armed forces to perform their activities to restore the normal situation.
• If AFSPA prematurely withdrawn the security situation deteriorated and it took more time to store peace there.
• Normal CrPC provides limited power to deal with violent situation.
• In disturbed areas the involvement of proxy group are also there so, in order to break that nexus extra-ordinary
powers are required. Extra-ordinary powers are also necessary as the armed forces face asymmetric warfare
involving raids, ambushes, mines and explosive devices, sabotage etc
• Effective functioning - A sense of security in the member of Armed forces is essential to function effectively in
insurgency and militancy affected areas.
• Security of nation - Provisions of this act have played a crucial role in maintaining law and order in disturbed areas.
Thus, protecting sovereignty and security of the nation.
• Protection of member of armed forces - It is crucial to empower members of armed forces who constantly face
threat to their lives at the hands of insurgents and militants. Its withdrawal would result in poor morale.

Arguments against the AFSPA

• Misuse of the provisions of Acts like fake encounters, extra-
judicial killings, etc.
• AFSPA is described as draconian, repressive, colonial and
archaic law in Indian democracy.
• AFSPA as license to kill given to the Armed forces.
• AFSPA can be seen as violation of all other constitutional rights
like prevention against arrest and detention, privacy etc.
• Abolition will bring down the feeling of alienation in people of
particular state and especially north-east.
• Gross violation of constitutional values, Human rights and natural
justice in the country.
• Abuse of power - It has been alleged that immunity granted by the act has led the armed forces to misuse the powers
and commit offences like enforced disappearances, fake encounters and sexual assault.
• Threat to justiciable fundamental rights - It leads to suspension of fundamental rights and liberties guaranteed to
the citizens by the constitution. Thus, it weakens democracy.
• Human rights violations in AFSPA areas are not inquired into and followed by adequate action. Thus, it is against
the principle of natural justice.
• Diminishing credibility of democracy - People’s disillusionment with democratic setup is exploited by
secessionists and terror sympathizers, which leads to more violence & more counter violence creating a vicious
cycle.
• Ineffective - Critics argue that this act has failed in its objective of restoring normalcy in disturbed areas although
being in existence for about 50 years.

OBSERVATION OF GOVERNMENT COMMITTEES OVER THE AFSPA –

After the years of protest against the AFSPA and issue of human right violation the
committee recommended-
1. After consultation with all the stakeholders committee recommended abolition of
THE JEEVAN REDDY AFSPA.
COMMITTEE TO 2. Instead of AFSPA some comprehensive arrangement should be made under
REVIEW AFSPA unlawful activities prevention act.
3. Central forces must act to aid civil power.
4. Only commissioned officer can order to use the force if he/she feels necessary.
5. Each district must have a grievances cell where these forces are deployed this cell
should be independent and competent to enquire into violation of rights.

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 JUSTICE SANTOSH Justice Santosh Hegde Committee to investigate fake encounters in Manipur described it
HEGDE COMMITTEE as a “symbol of oppression”.
JUSTICE VERMA Justice Verma committee (on offenses against women in conflict areas) said “AFSPA
COMMITTEE legitimizes impunity for sexual violence” E.g. Kunan Poshpora incident; Thangjam
Manorama case in Manipur.
SECOND ARC The 5th report of the Second Administrative Reforms Commission on public order has
REPORT also recommended the repeal of the AFSPA.

Role of the judiciary

• 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.

• Recently SC ruled that every death caused by armed forces in a disturbed area involving either a common person or
an insurgent must be thoroughly enquired into so as to find out whether the killing was extra-judicial or not.
• Thus there is no absolute immunity for armed forces personnel who commit a crime even in a disturbed area.
• Supreme Court was hearing the plea demanding probe into 1528 deaths alleged to be fake or extra-judicial
encounters by the armed forces in the state of Manipur

CURRENT STATUS OF AFSPA-

• AFSPA is in force to the North-Eastern States of country fully or partial except the Sikkim, Meghalaya and Tripura
(recently in 2018) along with the UT of Jammu and Kashmir.
• The Supreme Court had removed the blanket immunity to the members of armed forces.

Conclusion -
We cannot run our country on the basis force we need to develop the alternatives.
• Peace can be established by only synchronised efforts of central and state government along with security forces.
• Final solution is political one as demonstrated in case of Tripura and Mizoram.
• There need to work on the mechanism which can lead to the building trust among armed forces and public in general.
• There is no need to run the country on the basis of bullet while the matter should be resolved on the basis of the
ballet

Way Forward

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 • Adherence to Human rights - It needs to be emphasized that human rights compliance and operational
effectiveness are not contrarian requirements. In fact, adherence to human rights norms and principles strengthens
the counter insurgency capability of a force.
• Robust safeguards - Protection for the armed forces must be accompanied by provisions that ensure responsibility
and accountability, within the parameters of law. It is for this reason that robust safeguards need to be incorporated
in the existing or any new law. Supreme Court’s judgement should be followed in letter and spirit –
• Removing ambiguity in law - The terms like “disturbed”, “dangerous” and “land forces” need to be clearly
defined to ensure greater clarity.
• Ensuring transparency - Greater transparency in communicating the status of existing cases to include its display
on the army and government’s web sites.
• Independent inquiry - Every death caused by the armed forces in a disturbed area, be it of a common person or a
criminal, should be thoroughly enquired into.

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 CH-6 LEFT-WING EXTREMISM(LWE)- A WAR UPON THE STATE

Left-Wing Extremism or Naxalism: Introduction and Origin

• Left Wing Extremism (LWE) is recognised as one of the most serious and
biggest internal security threats, not only to India’s internal security but indeed
to the very basic values of the democratic, pluralistic political order enshrined
in our Constitution.
• Spread to 17 states in India, including Assam, Bihar, Chhattisgarh, Jharkhand,
Madhya Pradesh, Maharashtra, Orissa, Uttar Pradesh, and West Bengal to name
the few main one.
• The Naxal insurgency in India originated in a 1967 uprising in Naxalbari (West
Bengal) under the leadership of Charu Majumdar, by the Communist Party of
India (Marxist). They are the group of people who believe in the far-left radical
communists political theory derived from the teachings of the Chinese political
leader Mao Zedong.
• LWE organizations are the groups that try to bring change through violent
revolution. They are against democratic institutions and use violence to subvert
the democratic processes at ground level. These groups prevent the
developmental processes in the least developed regions of the country & try to
misguide the people by keeping them ignorant of current
happenings.
• It considers industrial-rural divide fundamental to
capitalist exploitation and hopes to overcome it by a violent
mass struggle.
• Naxal violence is related to the intensity of the feeling of
people of their deprivation and their commitment to take
revenge against those who are believed to be responsible for
such denial.
• Currently, the main supporters of the movement are
marginalised groups of India including Dalits and Adivasi’s,
who believe they have been neglected by the government. The
presence of Naxals in the country reveals the loopholes in
the law and order of the country which has failed to curb
the menace.

Urban naxalism is also posing a threat. It is an old Maoists strategy to focus on urban centres for
leadership, organise masses, build a united front and engage in military tasks such as providing personnel,
material and infrastructure.

Terrorism Terrorism is a complex and contested issue, as are the associated labels of extremism,
violent extremism and radicalisation.
Extremism Violent extremist ideologies have found fertile ground in fragile communities characterised
by little access to development.
Radicalisation Radicalisers work by pointing to social, political and economic injustice around their
followers.

Maoism:
• Maoism is a form of communism developed by Mao Tse Tung. It is a doctrine to capture State power through
a combination of armed insurgency, mass mobilization and strategic alliances.

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 • The Maoists also use propaganda and disinformation against State institutions as other components of their
insurgency doctrine. Mao called this process, the ‘Protracted People's War’, where the emphasis is on ‘military
line’ to capture power.

Central theme of Maoist Ideology:

• The central theme of Maoist ideology is the use of violence and armed insurrection as a means to capture State
power. ‘Bearing of arms is non-negotiable’ as per the Maoist insurgency doctrine.
• The Maoist ideology glorifies violence and the ‘People's Liberation Guerrilla Army’ (PLGA) cadres are trained
specifically in the worst forms of violence to evoke terror among the population under their domination. However,
they also use the subterfuge of mobilizing people over issues of purported inadequacies of the existing system,
so that they can be indoctrinated to take recourse to violence as the only means of redressal.
• They use violence as their primary tool to destabilise the state through various communist guerrilla groups.

Philosophical Background of Naxalism/Maoism/LWE:

• The ideological basis for violent movements was provided by the writings of Karl Marx and Friedrich Engels.
This ideology is known as Communism/Marxism.
• This leftish ideologies believe that all existing social relations and state structures in an
elite/capitalist society are exploitative by nature and only a revolutionary change JAL
through violent means can end this exploitation.
• Maoism’s political orientation emphasises the ‘revolutionary struggle of the vast
majority of people against the exploiting classes and their state structures’.
• Key slogan of Maoists - “Political power grows out of the barrel of a gun” JAMEEN JANGAL

Over the decades since, the LWE movement is assessed to have impacted 40 percent of India’s territory
and 35 percent of its population. In 2016, according to the Ministry of Home Affairs (MHA), 106
districts in 10 states of Andhra Pradesh, Telangana, Bihar, Chhattisgarh, Jharkhand, Madhya Pradesh,
Maharashtra, Odisha, Uttar Pradesh and West Bengal, were intensely affected by the LWE movement.

Phases of Naxalism:

Preparatory Perspective Guerrilla Liberated

Base Phase
Phase Phase Phase Phase

The theory and practice of revolutionary warfare has three distinctive phases. These are:

FIRST Organization, consolidation, and preservation of regional base areas situated in isolated and
difficult terrain;
SECOND Progressive expansion, which includes attacks on police stations, sabotage, terror tactics,
elimination of persons with alternate viewpoints, and procurement of arms and ammunition from
the enemy.
THIRD Destruction of the enemy through conventional battles including mobile warfare, protracted
conflicts, negotiations, and unified command and control structures.

Evolution of Naxalism in India:

First Stage (1967- • Incident of Naxalbari

75) • Formation of All india Coordination Committee Of Communist Revolutionaries
(AICCCR)

43
 • Foundation of CPI Marxist – Leninist (1969)
• Arrest of Charu Mujumdar (1972)
Second Stage • Continued their struggle under the “Strategy of Protracted War”.
(1975-2004) • CPI (ML) converted into People’s war group in 1980
• At the same time Moist Communist Centre of India strengthen in Bihar (MCCI)
Third Stage (2004 • People’s War Group combined with Moist Communist Centre of India and Formed CPI
onwards) (Moist)
• CPI (Moist) listed as Terrorist organisation under the unlawful Activities (Prevention) Act
since 2009.

Ideologies of AICCCR
• Protracted People’s War in accordance with Mao’s teachings
• Adopting to Guerrilla warfare techniques
• Establishment of rural revolutionary base areas
• Encircling the cities as well as abstaining from democratic electoral process.

Aims and objectives of LWE and Modus operandi of the Naxalism:

• It aims to overthrow the government through people's war.
• It creates conditions for non-functioning of the government and actively seeks disruption of development
activities as a means to achieve its objective of ‘wresting control’. It spreads fear among the law-abiding citizens.
• The ultimate objective is to attain political power by violent means and establish what they envisage as “The Indian
People’s Democratic Federal Republic”. They attack government symbols like police stations and other
establishments.
• While impeding development works and challenging state authority, the Naxalites simultaneously try to derive
benefit from the overall under-development and they try to fill the governance gap by providing basic facilities
to tribal peoples.

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 ‘Police’ and ‘Public Order’ being State subjects, action on maintenance of law and order lies primarily
in the domain of the State Governments.

The Naxalite movement prominently focused on major issues like:-

• Reallocation of land resources;
• Ensuring minimum wages for the labour working in the farms;
• Running a parallel government and impose tax and penalties;
• Run parallel Kangaroo Courts;
• Destruction of government property and abduct its officials;
• Attacks on police and law enforcing machinery;
• Enforce its own social code of conduct .

Frontal Organisations:
• The Front Organizations are the off-shoots of the parent Maoist party, which professes a separate existence to
escape legal liability.
• The Front organizations carry out propaganda/disinformation for the party, recruit ‘professional
revolutionaries’ for the underground movement, raise funds for the insurgency, assist the cadres in legal
matters and also provide safe houses and shelters to underground cadres.
• The functionaries of Front Organizations provide intellectual veneer to the inherent violence in the Maoist
ideology. In other words, they sanitize the bloodletting, and attempt to make the Maoist world-view palatable to
urban audiences and the media. The Front organizations exist in 20 States of India.

Guerrilla Warfare:
Guerrilla warfare is a form of irregular warfare in which small groups of combatants, such as paramilitary
personnel, armed civilians, or irregulars, use military tactics including ambushes, sabotage, raids, petty
warfare, hit-and-run tactics, and mobility, to fight a larger and less-mobile traditional military.

Powerful Propaganda Machinery:

Naxalites have their roots spread in media, NGOs, and almost every city of the country. They use powerful Propaganda
war against any government step that aims to check the Naxalite movement. They have a strong lobby of intellectuals
which continuously shape public opinion in their favour.

Tactical Counter-Offensive Campaign (TCOC):

TCOC is a country-wide phenomenon during which Maoists plan and launch tactical attacks on security
forces between April and early monsoon in July. Moist usually resort to TCOC every year to put security
forces in disarray so that they can go on a recruitment drive.

Role of state actor and non-state actor and their link with Naxalism:
• The CPI(M) has close fraternal ties with many North-east insurgent groups especially the RPF/PLA of Manipur
and National Socialist Council of Nagaland (NSCN-IM) for sourcing arms. Most of these outfits have linkages with
external forces inimical to India.
• The CPI(M) has also shown solidarity with the terrorist groups of Jammu and Kashmir.
• These ties are part of their “Strategic United Front” against the Indian state.
• CPI(M) also has close links with foreign Maoist organisations.
• The Coordination Committee of Maoist Parties and Organizations of South Asia (CCOMPOSA) is an
umbrella organization of various South Asian Maoist parties and movements and its purpose is to coordinate their
activities throughout South Asia. Its main aim as resisting not only US imperialism and globalisation, but also the
Centralised Indian state and its internal repression of minority people.

Sources of funding and linkage with organised crime:

45
• Loot government treasuries and banks
• Monopolistic control over the forest produce and government contracts in their areas of dominance.
• Funding from fraudulent NGOs and fake societies.

Connection between the Naxalites and Downtrodden:

• Maoists ideology tries to establish people’s government, while the facts are quite contrary. Social upliftment of
downtrodden is not their real aim, rather it is political power.
• They use the local problems as fodder against the government so that they can seize power through violent means.
• Maoists have vested interest in keeping poverty alive because it enables them to expand their territory.

Factors Responsible for Rise of Naxalism:

Many remote areas of the country still lack basic facilities like roads, water etc and there is no sign of development.
These regions are mineral rich regions of the country along with socio-economic problems contributed towards the
rise of naxalism in India. These factors can be broadly categorise as follows:

Political Factors: • Nature and apathy of the political system towards Tribals remained one of the most
important factors that led to such uprisings.
• Inability of political authority in India to provide avenues for structural uplift to the
deprived sections of society in the affected states.
• Lack of political participation by the tribal community.
Economic • Poverty and economic inequality and underdevelopment in the naxal affected regions.
Factors: • Entry of mining companies in Tribal lands and forests, posing threat to the livelihood of the
tribals.
• Indigenous tribal population deprived of their lands, uprooted from their traditional source
of livelihood.
• The benefits of the resource exploitation are not passed on the tribals.
Environmental • Environmental degradation in the form of destruction of land and water resources due to
Degradation: mining and industrial activates.
Lack of basic • Lack of basic facilities like education, freedom, sanitation and food.
facilities: • The socially backward tribals form the major support base for Naxalites because of
inequality, illiteracy and lack of opportunities.
Governance • Lack of routine administration
Deficit: • Incompetent, ill-trained and poorly motivated public personnel
• Mismanagement and corruption in govt. schemes
• Poor implementation of special laws
• Perversion of electoral politics and unsatisfactory working of local govt.
Jal-Jangal-Jameen • Evasion in ceiling laws
• Encroachment and occupation of govt and community lands
• Non-regularisation of traditional land rights
• Land acquisition without appropriate compensation and rehabilitation
• Disruption of the age old tribal-forest relationship.

Urban Naxalism:
• Urban naxalism is also posing a threat. It is an old Maoists strategy to focus on urban centres for leadership,
organise masses, build a united front and engage in military tasks such as providing personnel, material and
infrastructure.
• Urban naxalism is a product of CPI(M) “Urban perspective: Our work in urban areas”. It is aimed to mobilise
urban poor like industrial work etc and other like-minded organisations.
• A systematic approach was initiated by the CPI-M to mobilise resources and achieve the following objectives
through urban mobilisation, taking advantage of their anonymity in the urban centres:-

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 o Mobilise masses and strengthen organisational structures – Under this programme, the Maoists mainly
targeted students, workers, middle-class employees, and focused on social issues like women’s rights, the
grievances of Dalits, and religious minorities and politicised issues in accordance with the communist ideology.
o Develop a United Front – Another component of the above strategy was to unify like-minded organisations
of workers, students from urban localities, organisations opposing globalisation, etc and to consolidate them.
o Military Task – The military wings of CPI-M, PGI and PLGA, were to carry out the military tasks in the rural
and least developed regions of the country while the urban Naxals were to complement their efforts by
recruiting cadres and sending them into the countryside, infiltrating ‘enemy’ ranks, creating unions in crucial
industries, sabotaging actions with the support of armed cadres, arranging financial and logistical support for
armed cadres hiding in the remote localities, etc.

Government approach towards Naxalism in the country:

• The National Policy and Action Plan implemented
by MHA since 2015 is a multi-pronged strategy in the SAMADHAN
areas of security, development, ensuring rights & It is a strategy of MHA to frame short term and
entitlement of local communities etc. to combat Left long-term policies to tackle LWE. It includes:
Wing Extremism (LWE). S- Smart Leadership
• Major Sub – Schemes under Scheme Modernization of A- Aggressive Strategy
Police Forces for 2017-20: M- Motivation and Training
➢ Security Related Expenditure (SRE) Scheme A- Actionable Intelligence
(approved in 2017): aims at strengthening the D- Dashboard Based KPIs (Key Performance
capacity of the LWE affected States to fight Indicators) and KRAs (Key Result Areas)
against the LWE problem in an effective manner. H- Harnessing Technology
➢ Special Central Assistance (SCA) for 35 most
A- Action plan for each Theatre
LWE affected districts.
➢ Special Infrastructure Scheme (SIS) including
N- No access to Financing
construction of 250 Fortified Police Stations in LWE affected states.
➢ Assistance to Central Agencies for LWE management Scheme
➢ Civic Action Programme (CAP) to bridge the gaps between Security Forces and local people through personal
interaction.
➢ Media Plan Scheme: to counter the Maoist propaganda
➢ For improving the operational performance of the CAPFs in the LWE affected region, the MHA approved the
use of cutting edge technology by the CAPFs in LWE theatres, like trackers for weapons, bio-metrics for
smart guns and a Unique Identification Number (UID) for gelatine sticks and explosives.
• Infrastructure development initiatives: Road Requirement Plan-I (RRP-I) is being implemented by the Ministry
of Road Transport & Highways, since 2009 for improving road connectivity in 34 LWE affected districts of 8
States.
➢ Road Connectivity Project for LWE affected areas (RRP-II): It was approved in 2016 for further improving
road connectivity in 44 districts of 9 LWE affected States. The Ministry of Rural Development (MoRD) is the
nodal Ministry for this project.
➢ LWE Mobile Tower Project to improve mobile connectivity in the LWE areas.
➢ Approval of Projects under Universal Service Obligation Fund (USOF) supported scheme to provide mobile
services in 96 districts of LWE-affected states.
➢ The National Technical Research Organization (NTRO) is assisting the Security Forces in anti-Naxal
operations by providing Unmanned Aerial Vehicles (UAVs).
• Skill Development related Schemes:
➢ ROSHNI Scheme (Ministry of Rural Development) is a special initiative under Pandit Deen Dayal
Upadhyaya Grameen Kaushalya Yojana which envisages training and placement of rural poor youth from 27
LWE affected districts.
➢ Skill Development in 34 Districts affected by Left Wing Extremism” under implementation from 2011-12
aims to establish ITIs and Skill Development Centres in LWE affected districts.
• Institutional measures:
➢ Black Panther combat force - A specialised anti-Naxal combat force for Chhattisgarh on the lines of
Greyhounds unit in Telangana and Andhra Pradesh.

47
 ➢ Bastariya Battalion – A newly formed battalion of CRPF with more than 534 tribal youth from four highly
naxal infested districts of Chhattisgarh along with adequate female representation in sync with the
Government’s policy of 33% reservation for women making it the first composite battalion in any of
paramilitary forces.
➢ A process has also been initiated to create a separate vertical in the NIA for investigating important cases relating
to Left Wing Extremism (LWE).
➢ Multi-disciplinary groups to check funding of Naxalites - Union ministry of home affairs has formed multi-
disciplinary groups with officers from central agencies, including from the IB, NIA, CBI, ED and DRI, and
state police to choke the financial flow to Maoists.
• Employment Initiatives: Along with several infrastructural schemes, the Government of India is also executing
several schemes under the Pradhan Mantri Kaushal Vikas Yojana (PMKVY) that are empowering the citizens
with the required skill sets to earn their livelihood. Under this programme 47 Industrial Training Institutes (ITIs)
and 68 Skill Development Centres (SDCs) are to be established by March 2019.
• Aspirational District Scheme (ADP) of NITI Aayog: ADP is based on 49 indicators from the 5 identified thematic
areas, which focuses closely on improving people’s Health & Nutrition, Education, Agriculture & Water Resources,
Financial Inclusion & Skill Development, and Basic Infrastructure.
• Surrender and rehabilitation policies: State Governments have their own policy, while the Central Government
supplements the efforts of the State Governments through the Security Related Expenditure (SRE) Scheme for LWE
affected States. Additional incentives are given for surrendering with weapons/ammunition. The surrenderers are
also imparted vocational training with a monthly stipend for a maximum period of 36 months.
• Constructively engaging youth through education: Seeing the success of educational hub and a livelihood centre
in Dantewada district, the government has now opened up livelihood centres, known as Livelihood Colleges, in all
the districts.
• Other measures: More bank branches have been opened to ensure financial inclusion. All India Radio stations in
the three southern districts of Bastar will now broadcast regional programmes to increase entertainment options.
And a new rail service in Bastar is set to throw open a new market for wooden artefacts and bell metal.

Successful implementation of various development initiatives focusing on critical issues of Jal (water), Jamin (land)
and Jungle (forest), has been perhaps the single most important factor in making it difficult for the LWE movement to
attract large numbers of fresh recruits.

Bell curve of insurgency:

Some experts are of the idea that insurgency will follow the Bell curve in Long term. A ringing endorsement of this
received wisdom, arguing that insurgencies “follow a pattern pretty much like a bell curve,” “The graph of violence,”
he argued, “rises in the initial period, producing more and more casualties on both sides. But at some stage the
rebels come to the realisation that the state and its people are too strong and resolute to be ever defeated, no
matter what the score, in a particular day's battle in a long war. That is the point of inflexion when rebels see reason.
There is no reason why the Maoist insurgency will not follow that same pattern.”

Issues in handling LWE:

• Negligence of established Standard Operating Procedures (SOP) at times leads to loss of valuable lives of security
personnel.
• Certain vulnerabilities remain such as poor planning, inadequate numbers, insufficient intelligence backup etc.
• Structural deficits and deficiencies such as putting IPS deputationists into almost every senior position in CRPF
ignoring the decades of experience within the Force.
• Sluggish Capacity building of police forces, for example – in Chhattisgarh, there are about 10,000 vacancies in
different ranks in state police and 23 sanctioned police stations have yet to be set up.
• Laundering of funds: Naxal leaders operating in Bihar and Jharkhand are laundering extorted money through
acquiring movable and immovable assets.
• LWEs are well trained in guerrilla warfare.
• Inefficient technology of mine detection: Present technology is unable to detect deep planted mines under the
road.
• Delay in acquisition of technology: For example- Out of the 157 sanctioned MPVs, only 13 have been supplied
by OFB to CAPFs so far.

48
 Reasons for the reversals faced by CRPF in fight against Naxals:
• Lack of a common plan across the states
• Lack of coordination between state police and Central forces.
• Inadequate training and combat capability of forces in Maoism affected states.
• Lack of institutionalized intelligence sharing between states and regions.
• Naxalites are well versed with terrain which gives them a substantial upper hand in armed struggle.

Ways to end Naxalism in India:

• Good governance:
➢ The presence of Naxals in the country also reveals the loopholes in the law and order of the country which has
failed to curb the menace.
➢ Central government needs to implement a coherent national strategy to end Naxalism.
• Dialogue:
➢ Dialogues between the Naxal leaders, and the government officials can be a way work out a solution.
➢ The government should initiate sincere dialogue with Naxalites.
• Generate more employment and increase wages:
➢ Insecure livelihood and unemployment in the areas have left the people with no option but to join the Naxals.
➢ If we are actually thinking of ways to end Naxalism, we’ll first have to provide the people of the area with
proper employment opportunities with increased wages
• Rehabilitation and resettlement:
➢ mining grounds, irrigation areas, industries, etc., in the area without any provision for the resettlement of the
displaced people has only added to the woes of the poor
➢ There needs to be more emphasis on rehabilitation of these affected population
• Prevent environmental degradation:
➢ Environmental degradation in the form of destruction of land and water resources due to mining and industrial
activates
➢ The locals are left with disrupted lives and adversely affecting tourism
• Stop the political marginalization of weaker sections:
➢ Weaker sections of the society, the schedule castes and schedule tribes still face discrimination from the upper
class.
➢ These downtrodden sections don’t enjoy equal participation in casting and contesting politically, making them
soft targets of Naxals.
• Remove disparity:
➢ Economic disparity and the growing distance between rich and the poor is one of the main problems that has
contributed to the growth of Naxalism
➢ This distance needs to be filled to an extent hastily to stop Naxalism
• Let ordinary citizens have access to basic resources:
➢ One of the major reasons for unrest is the exploitation of forest and lands of the tribal people for industrial
purposes.
➢ The loss of land and the lack of basic facilities like education, freedom, sanitation and food
• Take steps for welfare of the tribals:
➢ The socially backward tribals form the major support base for Naxalites because of inequality, illiteracy and
lack of opportunities.
➢ It’s important to prevent these people from falling in the Naxal trap.
• Modernize law enforcement agencies:
➢ The major policing lies in the hands of the state governments
➢ At federal level, many agencies are under the command of Union Ministry of Home Affairs
➢ Central government must inroads into these disturbed states with their agencies well-equipped with modern
artillery and assist the usually poorly-equipped agencies of the state.

Way forward:

49
Government need to break this vicious cycle and convert it into a virtuous cycle of development.
• Eliminating the root cause of the problem that is leading to the alienation of tribals in this area. The focus should
now be on building roads, increasing administrative and political access of the tribals, improving reach of
government schemes etc.
• Learning from Chhattisgarh police: As the Chhattisgarh police have experience in tackling Maoists in Bastar,
they are now coordinating with the bordering States to strengthen intelligence and ground presence. Such measures
can be taken in new areas as well where Maoists are trying to establish themselves.
• Centre-state cooperation: Centre and states should continue with their coordinated efforts where Centre should
play a supportive role with state police forces taking the lead.
• Undertaking technological solutions: such as use of micro or mini-UAVs or small drones to minimize loss of lives
of security personnel.
• Psychological operations -Build trust: Winning a psychological war against the Maoists remains an unfinished
task. To bridge this trust deficit, civil society must join hands with the government in realising the villagers’ right
to development.
• Awareness generation: Government should undertake awareness and outreach programmes and inclusive
developmental programmes.
• Forest Rights: Effective implementation of the Scheduled Tribes and other Traditional Forest Dwellers
(Recognition of Rights) Act, 2006.
• Financial empowerment: Introduce measures to encourage formation of ‘Self Help Groups’ (SHGs) to improve
access to credit and marketing and empower the disadvantaged.
• Choke funding: The nexus between illegal mining/forest contractors and transporters and extremists which
provides the financial support for the extremist movement needs to be broken through establishment of special anti-
extortion and anti-money laundering cells by State Police.
• Special efforts are needed to monitor the implementation of constitutional and statutory safeguards,
development schemes and land reforms initiatives for containing discontent among sections vulnerable to the
propaganda of violent left extremism.
• Infrastructure development: For implementing large infrastructure projects, particularly road networks that are
strongly opposed by the extremists need to be undertaken with the help of specialised Government agencies like the
Border Roads Organisation instead of local contractors.

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 CH-7 LINKAGES BETWEEN EXTREMISM AND
DEVELOPMENT
Developmental issues which pertain to the spread of extremism are linked to lack of access to basic resources to
sustain livelihood. However, development is a useful tool against extremism but it must operate in tandem with the
security forces.

Factors that lead to extremism:

• Forest policy: In the name of development, habitat of Adivasi communities were declared reserve forests and in
accordance with forest conservation act 1980. Rights of primitive forest dwellers were restricted resulting in losing
access to land. This gave rise to extremist activities.
• Land alienation: 40% of rural households have no land or less than half of acre of land, increased marginal land
holdings, no land reforms, insecurity and exploitation of tenants and unrest leading to extremism.
• SEZ: Land acquisition for SEZ again deprived poor of their lands. Also led to loss of revenue in the form of taxes.
Loss of food production as huge block of productive lands acquired for SEZ; major impact in livelihood resource,
leading to conflict.
• Common property resources (CPR): CPR’s contributes effectively to the rural economy and provides sustenance
to local communities. CPR includes such as community pasture, watershed drainages, village tanks etc. But due to
industrialisation, privatisation and development projects, the CPRs area is shrinking and govt. never look in to this
matter.
• Delayed process of adjudication: Considerable frustration gets built up in the society when conflicts and disputes
are not settled in time because of formal and slow judicial system which ends up with illegal extremist mind
framework.
• Rehabilitation: Displacement or forced eviction of people occur due to developmental projects. Tribal people are
most prone to displacement because tribal areas are rich in mineral resources such as Orissa, Jharkhand. This impacts
multidimensional trauma on them leading to serious consequences.
• Unemployment: High poverty, unemployment and insecurity of livelihood which lead to anger, dissatisfaction
amongst youth of extremist affected area.
• Environment degradation: Land targeted for mineral extraction, agriculture land getting barren, water and air
pollution degrade the quality of life.
• Moreover, tourism industry in this development scenario is posing a great threat to the existing tribal life
which is interwoven with ecology. The introduction of foreign influence and commercialisation is triggering the
process of disintegration of tribal society leading to extremist activities.

Developmental solutions to problem of extremism:

• PESA, MNREGA, Scheduled tribes and other traditional forest dwellers acts must be to the spirit of the law. Gram
Sabhas must be granted more powers.
• Land tribunals or fast track courts must be set up for speedy disposal of land ceiling cases. The loopholes in the
respective state ceiling laws must be corrected.
• Government should strengthen the subsidiary and supportive activities in horticulture, poultry, fisheries,
animal husbandry under the strict guidelines of ministry of agriculture through establishment of quality
infrastructure and efficient market linkages at the village level.
• Universalise basic social services to standards amongst the people of extremist affected areas so that the
discriminatory manifestations of governance can be removed.
• Since problems in formulating a counter-extremist policy as well as in dealing with the issue on a day-to-day basis
are sourced to the lack of centre-state cooperation, a permanent institutional mechanism in the form of a
coordination centre can be established to thrash out emerging differences.

Other measures required to curb extremism:

• Increased developmental expenditure and activities, creation of infrastructure resources and employment
generation through development of industries and tourism. Steps from both the public and private sector are
required for the desired results.

51
• With nearly 99 per cent of its borders shared with other countries, the Northeast can be a bridge to a most dynamic
neighbourhood beyond the meeting point of South and Southeast Asia. So, we need to liberalise the cross border
trade.
• Improved political representation in India’s Parliament. The collective strength of the Northeast States in the
Lok sabha is 24 in a 543 member house, and this has led to a neglect of issues relating to this region. Bringing the
extremists into mainstream can be done as Rajiv Gandhi Govt did it in case of Mizo National front in Mizoram.
• Restoration and strengthening of institutions of local self-governance, including strong village and tribal councils.
Restoration of the integrity of governance, and the various institutions of civil governance, including justice
administration.
• Disruption of the underground economy of terrorism. The lucrative regime of collusion between terrorists and
various overground entities, including political parties, the bureaucracy and business organisations must be
challenged and dismantled.
• Better surrender policy should be adopted. Better coordination with neighbouring countries and information
exchange regarding extremist’s activities is very crucial.
• Use of satellite imaging and drone technology can help in monitoring the extremist activities.
• There must be active promotion of a culture of peace that rejects and de-legitimises political violence as a means
to the resolution of political problems or grievances.

The most important aspect of fight against naxalism is defeating their ideology and stop their frontal organisation to
build tempo or spread propaganda in the country. Winning the hearts and minds of the tribal population and other
marginalised groups will lie at the core of the counter-insurgency strategy.

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 CH-8 MILITANCY IN JAMMU AND KASHMIR

Background:
• After the death of Maharaja Ranjit Singh and defeat of the Sikhs, Treaty of Lahore was signed.
• The treaty was signed by Governor-General Sir Henry Harding on behalf of East India Company.
• Treaty handed over the territory of the Kashmir to Gulab Singh, since then Kashmir was ruled by the Dogra dynasty.

With coming of Independence:

• Nearly 77 percent Muslim population ruled by the Hindu king Maharaja Hari Singh.
• Pluralism and culturally diversity are the hallmark of state.
• Main regions of state:
➢ North part of hill region is dominated by Sunni Muslims.
➢ Plains of Jammu dominated by Hindu.
➢ Hilly region of Ladakh was dominated by the Buddhist and some Shia Muslims.
➢ Region of Gilgit and Baltistan is geo-politically important location shares border with Afghanistan and China
slightly populated with Shia Muslims.
➢ Sikh can be seen in Jammu as well Kashmir region of the state.

Accession of Jammu and Kashmir:

• At the time of partition of India and the political integration of India, Hari Singh, the ruler of the state delayed
making a decision about the future of his state. Thus, he decided to remain independent by not joint either Pakistan
or India.
• However, an uprising in the western districts of the state followed by an attack by the raiders from neighboring
Northwest Frontier Province, supported by Pakistan, forced the Ruler to change his stand.
• On October 26, 1947, Hari Singh acceded to India in return for Indian military being airlifted to Kashmir to engage
the Pakistan-supported forces.
• As per Instrument of Accession the subjects like Defence, Foreign Affairs, Finance and communication were given
to Indian parliament and rest of the laws need concurrence of state government.
• After the accession troops of Pakistan were expelled out of the valley by the Indian Troops except the area which is
known as Pakistan occupied Kashmir in India and Azad Kashmir in Pakistan.

State assembly of Jammu and Kashmir:

• In 1951 constituent assembly of Jammu and Kashmir convened and assembly reaffirmed the Accession of the
state to India and also prepared the constitution of the state.
• The constitution of Jammu and Kashmir states that “the state is and
shall be integral part of the Union of India”.

Kashmir and the United Nation:

• Mountbatten suggested the Government of India to refer the Kashmir
problem to the United Nation. UN Intervention in the Kashmir led to
ceasefire agreement between the India and Pakistan.
• The ceasefire Line established in known as the Line of Control
(LOC).
• A UN Military Observer Group in Indian and Pakistan continues to
report the violation of ceasefire.
• UN also passed a resolution for a referendum under the supervision
of UN after the Pakistan had withdrawn its troops from the Kashmir which is under their control but till today
referendum is not happened as Pakistan has refused to withdraw their troops from POK.
• Since the accession of Kashmir to India, the tension continues between both the countries have not died down and
this tension resulted into underdevelopment in the region along with instability.

Kashmir as a battle ground of proxy war:

53
• Since the beginning, Pakistan tried to destabilize the Jammu and Kashmir region by direct military confrontation.
Pakistan had suffered heavy losses in every war whether it is 1947, 1965 or 1971. In 1971 war Pakistan was
humiliated as Eastern Pakistan was made separate nation where India played major role.
• After all these military confrontations Pakistan realized that direct military confrontation with India would be
counter-productive.
• Pakistan resorted to the tactics of low intensity war and started the separatist and militant insurgency in
Kashmir in the late 1980s in the name of Jihad.
• Existence of dis-satisfied group of Kashmiri’s named Jammu and Kashmir Liberation Front (JKLF) was used
by Pakistan for insurgency. Yasin Malik was a leader of JKLF who organized militancy in Kashmir and
demanded the independence of the Jammu and Kashmir but later on Yasin Malik denounced the path of violence
and believed in peace talk to resolve the dispute.
• But with the help of Pakistan intelligence agency ISI infiltration through the border led to establishment of new
terrorist organization in the valley such as Hizbul Mujahedeen, Lashkar-e-taiba, Jaish-e-Mohammed Harkart-ul-
Jehad-e-islami (Huji), etc.
• Establishment of these terrorist organizations in the valley resulted ethnic cleansing which forced many Kashmiri
Pandits to leave the valley and this resulted in demographic change in the valley.
• Pakistan’s direct or indirect involvement in the funding and training of terrorist organizations in the Jammu and
Kashmir region became major external security threat for India.
• Along with role of external player i.e. Pakistan the Indian government failed to fulfill the aspirations of local
people, lack of development, militarization of the region, disputed state election of 1987 fuelled the militancy
in the valley which forced some of state legislative members forming armed insurgent groups.
• So, the Kashmir’s present situation is due to both the factors i.e. (internal and external). Lack of development, lack
of education and unemployment has made Kashmiri youth easy prey for terrorists’ groups. The youth protest during
Afzal Guru’s execution, sympathy rally for terrorist Burhan Wani shows how deep the radicalization has reached in
Kashmir region.

Adoption of irregular warfare in Kashmir by the ISI:

• Irregular warfare consists of tribal warfare, small wars, and low intensity war. This aimed to psychological
destruction.
• The results which cannot be achieved by direct war can be shaped by the low intensity war.
• In Kashmir we can clearly see the low intensity war front in the form of armed revolt, Guerrilla warfare, political
revolution and war for independence became means of irregular warfare.

Mechanism used for proxy war in Jammu and Kashmir:

• Propaganda and various malicious campaigns to brainwash the people of valley and create trust deficit towards
India.
• Infiltration of terrorists from across the border and affect the ongoing developmental works in the valley.
• Use of information technology in training and recruitment of the terrorists.
• Internationalize the issue of Kashmir at the forums like UN and create an image of India as biased towards a
particular religion.
• Use of locals for intelligence sharing. The locals have become eyes and ears of terrorist groups. They provide
sensitive information about military installations; base stations and they even provide shelter to these groups.
• As the Pakistan’s role in international forums is diminishing, India has strengthened its relations with foreign
countries like USA, France, Israel, Germany, Japan, Australia and even Saudi Arabia and UAE. To avoid collective
backlash from these countries, Pakistan has diverted its terrorist attacks on Indian military bases. This can be seen
from recent attacks in Pathankot, Uri or attack on military convoys. As the security preparedness of India is
strengthened during last few years, attack on military bases to weaken the security system has become new tactic of
Pakistan to bleed India with thousand cuts.

Kashmir And Human Right Issue

• Indian armed forces are regularly accused for human right violation in the valley by various international
organisation like Human Right Watch and Amnesty International.
• Human right violation in the form of –

54
 ➢ Extra-judicial executions
➢ Disappearance
➢ Torture
➢ Lack of freedom of speech and expression.
➢ Illegal detention under National Security Act.
➢ Indiscriminate use of pellet guns.
➢ Illegal use of powers under AFSPA.

Reach Of Terrorism In Kashmir

• The unrest in the valley after the encounter of Hizbul Mujahideen commander Burhan Muzaffar Wani .
➢ Mourn by 2,00,000 people during his funeral process.
➢ Violent protest started in the valley
➢ Shutdown of Kashmir was called by the separatist leaders.
➢ Police station and security force personnel were targeted by the mob.
➢ Then prime minister of Pakistan called Burhan Wani “martyr”.

All these shows how deep is the root of terrorism in Kashmir. Glorifying terrorism and such level of mass support forced
central government to rethink on its Kashmir strategy.

Main tactics used by Pakistan is crowd mobilization, defame Indian security forces and internationalise the Kashmir
issue.

Shift In Strategy Against The Militancy In The Kashmir

• Operation All-out- it is an anti-Militancy operation launched by the government to establish peace in the valley.
In this various terrorist were shortlisted and their information and location were given to the security forces in order
to flush them out of Kashmir.
• After the attack of February 14, 2019 in which more than 40 CRPF soldiers lost their lives in the suicide bomb
attack from terror group of jaish-e-mohammed.
• In wake up of this attack Indian Airforce launched a non-military preemptive attack after getting information about
the terrorist camp in region of Balakot. In this attack many terrorist camps were destroyed.
• This policy of counter attack at such a large level would act as deterrence for terrorists.
Other issues like rehabilitation and resettlement of Kashmir pandits and referendum in the valley
• The UN mediated referendum was supposed to happen immediately after the Pakistan’s attack on India in 1947.
But the referendum was never happened as Pakistan never withdrawn its troops from Kashmir region.
• Since the demography of Jammu and Kashmir has changed over the years and considering the radicalized youth in
the region referendum would not be a viable solution, at least in a near future.
• Three decades are passed since the exodus of Kashmiri Pandits from the region. They are made live like refugees
in their own country. Their resettlement in the region will become possible only when the region rips the fruits of
development and security scenario becomes peaceful.

Issue of human shield

• In 2017, a person tied to a bonnet of jeep and used as a shield against stone pelters. This event was criticised by
human right activists all over the world.
• Amnesty International described it as inhuman act and amounting to torture and according to Geneva Convention it
is war crime.
• There are points in support and against over using human shield:

In favour- • Using human shield bloodshed can be avoided and unnecessary use of violence can be
avoided.
• Life of Jawans and unnecessary sacrifices can be avoided.
• Violence of human right and image of army also suffered due to the act.
Against- • In fighting militancy or any internal security problem state cannot denied the fundamental right
of people.

55
Security forces can use more humanitarian methods which are more balanced in justice and fairness.

Use of pellet gun:

• Tear gas, Water cannon, Pepper, pellet guns are common examples of non-lethal crowd control method used by
police and army.
• Pellet guns are made to injure individual. They are effective over a short range of 500 yards but it can be lethal when
fired from very short range and can hurt sensitive parts very badly.
• Human right activists are against the use of pellet guns over the crowd so, less harmful method should be deployed.

TNSV Prasad committee report over the use of the pellet guns:
• MHA formed committee over the use of pellet guns here are important recommendation:
1. Pellet guns should be used in rarest of the rare case.
2. Instead of pellet guns use other non-lethal methods of crowd control like chilli grenade shell, tear gas etc
• Centre in response of Supreme Court order in which S.C order to consider more effective measures the
government asked security forces to use Plastic bullet.

Status of Stone pelting in the valley:

• It is crowd mobilization method of ISI and supported by the Hurriyat.
• The incidents of stone pelting were at peak during the 2016-17 after the actions taken by the NIA against Hurriyat
leader had brought down the event of stone pelting.

Issue of AFSPA (Covered in separate chapter)

• AFSPA confers special powers to the armed personnel including unwarranted arrest and search in disturbed areas.
• This is also controversial in the nature.
Various Initiatives and scheme by the government of India
The government wants to use development as tool against the militancy in Kashmir for that it launched several
initiatives:
1. UDAAN was started with an aim to providing skill to the youth of valley.
2. PM’s development package for J&K: under this government focused over creating the new avenues of
employment and better infrastructure in transportation, health, renewable energy, tourism etc.
➢ Creating institute like AIIMS, IIT, and IIM construction of tunnel to reduce time lost in travelling.
➢ Focus over developing new rail links.
3. Project Himayat: capacity building and employment of youth.
4. Project Sadhbhavana: of Indian army helping the youth in shaping their dream.
5. Project Umeed: for empowerment of women.

Present situation of Jammu and Kashmir

• The articles which provide special status to the state of Jammu and
Kashmir were revoked by presidential order. It abrogated the article 370
and 35A.
• Now the constitution of India is applicable to the state of Jammu and
Kashmir.
• Reorganization of the state of Jammu and Kashmir into two separate
union territories of Jammu and Kashmir (with legislature) and Ladakh
without legislature.
• (Note: For special provision refer the polity workbook)

Conflict over Siachen

56
 • Siachen is a glacier lies in
the Karakoram Range
there was a military
conflict between the Indian
and Pakistan after that
ceasefire line is
established.
• In 1984 India started
“Operation Meghdoot” to
free it from Pakistani force.
It is highest battle ground
of the world.
• Siachen is region which is
always in the news due to
death of armed personnel
due to harsh weather climate.
• Technology should be deployed in order to bring causality and guarding the borders properly.
• Note: Issue of Aksai chin is discussed in the chapter of border security.
• So, a comprehensive policy is need of hour which can bridge the trust deficit in people toward the government.

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 CH-9 INSURGENCY IN NORTH-EAST
Introduction:
• North East India (NEI) today comprises eight states of India, namely Sikkim and the “seven sister states” of
Assam, Arunachal Pradesh (ALP), Nagaland, Manipur, Mizoram, Tripura and
Meghalaya.
• North East India (NEI) is bounded by Tibet Autonomous Region (TAR), Nepal,
Bhutan, Myanmar and Bangladesh.
• The region is rich in biodiversity and untapped raw materials. It is connected to
mainstream India through the 22 km narrow “Siliguri Corridor'' which is
commonly known as the chicken neck. The corridor is flanked by Bhutan,
Bangladesh and Nepal. Thus it has strategic, political and economic significance
for India.
• About 99 percent of the border of this region is international border.
• North-East India covers 8 percent of the country’s total area and has 4 percent of the national population.

Meaning of Insurgency:
Act of rebellion and armed struggle by a section of society with a view to overthrow the government
and there is public support for the insurgents.
Historical Background of the North-East:
• Present day Assam was ruled by the Ahom kings from 1228 till 1826. Due to incursion by the then Burmese
kingdom into Assam, the Ahom kings requested the British East India Company for help.
• As a result, the British defeated the Burmese and then signed the Treaty of Yandaboo on 24 Feb 1826 thereby
ending the reign of Ahom Kings and amalgamating Assam into British India. Thereafter, Assam was a province
ruled by the British till Independence.

• During the British era, Tribal groups constituted an overwhelming majority of the
population in most of the areas they inhabited.
• The British had generally followed a policy of non-interference in these areas.
• The British gave special administrative status to these areas. The British
government did not disturb their socio-political structure and followed a
Pre-Independence Era: deliberate policy of excluding the outsiders.
• Christian missionaries altered the society in the North-East and modern
progressive ideas prevailed in the tribal youth.
• A sum total of British policy resulted in isolation of North-East from the rest of
India and participation in national independence struggle is also low due to which
feeling of nation is not developed strongly.
• The newly independent India in 1947 had the formidable task of uniting various
princely states not only of North-East but of the country as a whole.
• The integration of these distinct cultures of North-East into the “mainstream” was
generally met with resentment.
Post-Independence • The insurgencies started with Naga Hills. Under the leadership of Phizo, the Naga
Era: National Council (NNC) declared independence from India in 1947.Despite efforts at
political settlement by various leaders of that time, the unrest did not die.
• The Tribals of the North-East region were afraid of losing their identity.

All Party Hill Leaders conference:

• Representatives of hill areas merged into the All Party Hill Leaders Conference (APHLC) in 1960 and demanded a
separate state within the Indian Union.
• As a result the state of Meghalaya, Manipur and Tripura were granted statehood in 1972.

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 • Meanwhile, secessionist movements developed in Nagaland and Mizoram. Nagaland was granted statehood in
1963, while Mizoram became a state in 1987.

Present Situation of North-East Insurgency:

• Even though the region has seen an overall decline in insurgency, however, the discontent continues. At present
the scenario is less violent than the earlier times. Some of the important recent developments are covered in the
succeeding paras.
• Lower Assam areas and Karbi Anglong regions are prone to ethnic and communal tension.
• Mistrust amongst the Tribals and non Tribals.

Major Insurgent groups of different states of North-East:

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Inner Line Permit:
• An Inner Line Permit is a document that allows an Indian citizen to visit or stay in a state that is protected
under the ILP system. The system is in force today in three North-eastern states — Arunachal Pradesh,
Nagaland and Mizoram — and no Indian citizen can visit any of these states unless he or she belongs to that state,
nor can he or she overstay beyond the period specified in the ILP.
• The concept comes from the colonial era. Under the Bengal Eastern Frontier Regulation Act, 1873, the British
framed regulations restricting the entry and regulating the stay of outsiders in designated areas.
• This was to protect the Crown’s own commercial interests by preventing “British subjects” (Indians) from
trading within these regions.
• In 1950, the Indian government replaced “British subjects” with “Citizen of India”. This was to address local
concerns about protecting the interests of the indigenous people from outsiders belonging to other Indian states.
• An ILP is issued by the state government concerned. It can be obtained after applying either online or physically.
It states the dates of travel and also specifies the particular areas in the state which the ILP holder can travel to.

Factors responsible for insurgency in North-East:

One of the important factors is Funding - Main source of funding are extortion, arms and drugs smuggling.
• Multi-Ethnic Region - NE is the most ethnically diverse region in India. It is home to around 40 million people
including 213 of the 635 tribal groups. Each of these tribes is having its own distinct culture. Thus, each tribal sect
resents being integrated into mainstream India as it means losing their own distinct identity.
• Lack of Economic Development - GoI’s economic policies have also fuelled resentment and insecurity amongst
the people. Due to various factors, the development of NEI has lagged behind thereby resulting in lack of
employment opportunities. Thus the youth are easily lured by various insurgent groups in order to earn easy money.
• Easy availability of Arms and ammunition from hostile neighbours.
• Sense of Isolation, Deprivation and Exploitation - Distance from New Delhi and meagre representation in the
Lok Sabha has further reduced the vox populi being heard in the corridors of powers, leading to more disillusionment
in the dialogue process, thereby making call of the gun more attractive.
• Demographic Changes - The influx of refugees from Bangladesh into Assam led to a dramatic change in the
demographic landscape of the region. This led to discontent amongst the people of the region, thereby giving rise

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 to insurgency in Assam with the United National Liberation Front (ULFA), formed on 7 Apr 1979, leading the mass
anti-immigrant agitation.
• Porosity of the border with Myanmar due to difficult terrain
• External Support - The insurgencies in the NE have been supported by erstwhile East Pakistan in the late 1950s;
and in early 1960s, in the form of training of personnel of Naga Army and giving them weapons. Later, China also
provided weapons and moral support. The Chinese support for insurgency in India was at a high from 1967-1975
when China’s foreign policy advocated the spread of ‘revolution’ around the world.
• Internal Displacement - Internal displacement is also an ongoing problem. From the
1990s to the start of 2011, over 800,000 people were forced to flee their homes in
episodes of inter-ethnic violence in western Assam, along the border between Assam
and Meghalaya, and in Tripura. According to conservative estimates, some 76,000
people remain in internal displacement in NE due to the prolonged armed violence.
• Proximity to the Golden triangle ensures funding for separatist/secessionist
organisations via support of illegal drug smuggling.
• Perceived Excesses by Indian Army - The promulgation of Armed Forces Special
Powers Act (AFSPA) in most of the NEI has further alienated the local populace.
Though imperative for strengthening the hand of IA for CI operations, it is often
portrayed as draconian by various Human Rights (HR) organisations and thus has been vilified by various insurgent
groups.
• Instability in Myanmar

STATE-WISE REPORT CARD

MANIPUR:
• Manipur was declared a separate state in 1972.
• The Manipur people are grouped into three communities, Meitei,
Nagas and Kuki or Chins. Meitei live in plain, while Nagas and
kukis are in the hill district.
• There were many tensions between the different tribal groups in the
state.
• The emergence of insurgency in Manipur is formally traced to the
emergence of the United National Liberation Front (UNLF) in
1964.
• Since then several other outfits, like the People's Liberation Army
(PLA) of Manipur, founded in 1978, People's Revolutionary
Party of Kangleipak (PREPAK) set up in 1977 and the
Kangleipak Communist Party (KCP) that came into being in
April, 1980 have emerged in the valley areas consisting of four
districts of the State.
• The situation is further complicated because as, violence by the
Naga groups has also spilled over into Manipur, a substantial
part of which is claimed by the Isak-Muivah faction of National
Socialist Council of Nagaland (NSCN-IM) as part of Nagalim or
Greater Nagaland, the proposed unified territory of the Nagas as
claimed by the Naga rebels. Several clashes between the NSCN-IM and the Khaplang faction of the National
Socialist Council of Nagaland (NSCN-K) have been reported from the hill districts of the State.
• Manipur had been declared a ‘disturbed area’ in its entirety in 1980 and the Armed Forces Special Power
Act (AFSPA) 1958 was imposed in the State on 8 September, 1980, which continues to be in place till now.
The implementation of this Act resulted in the State witnessing an unprecedented civic uprising, including the
infamous “mothers’ nude protest” and Irom Sharmila Hunger strike against the Act .The AFSPA is still
embroiled in controversy and the people of Manipur are continuing their protest against the Act.

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 Inner Line Permit and Manipur
Manipur witnessed a series of protests starting in July 2015, following demands for the implementation
of the Inner Line Permit (ILP) system in the State. The protesters have demanded that the government
introduce the ILP bill in the State Assembly. If the bill is passed and enacted into law, it will require
outsiders to obtain a special pass or permit to enter the State. The system is in force in the neighbouring
States of Nagaland and Mizoram and also in Arunachal Pradesh.

NAGALAND:
• The Nagas were the inhabitants of the Naga hills along the Northeast
frontier on the Assam-Burma border. The Nagas are not a single tribe,
but an ethnic community that comprises several tribes who live in the
state of Nagaland and its neighbourhood.
• In 1946 came the Naga National Council (NNC), which, under the
leadership of Angami Zapu Phizo, declared Nagaland an
independent state on August 14, 1947.
• The first and the most significant insurgency started in Nagaland under
the leadership of Phizo in the early 1950.
• The NNC resolved to establish a “sovereign Naga state” and conducted
a “referendum” in 1951, in which “99 percent” supported an
“independent” Nagaland.

When did the armed movement begin?

In 1952, Phizo formed the underground Naga Federal Government (NFG)
and the Naga Federal Army (NFA). The Government of India sent in the
Army to crush the insurgency and, in 1958, enacted the Armed Forces (Special Powers) Act.

What include Greater Nagaland?

• A “Greater Nagalim” comprising “all contiguous Naga-inhabited areas”, along with Nagaland. That included
several districts of Assam, Arunachal and Manipur, as also a large tract of Myanmar.
• The map of “Greater Nagalim” has about 1,20,000 sq km, while the state of Nagaland consists of 16,527 sq km.
The claims have always kept Assam, Manipur and Arunachal Pradesh wary of a peace settlement that might affect
their territories.
• The Nagaland Assembly has endorsed the ‘Greater Nagalim’ demand - “Integration of all Naga Inhabited
contiguous areas under one administrative umbrella” - as many as five times: in December 1964, August 1970,
September 1994, December 2003 and as recently as on July 27, 2015.

Nationalist Socialist Council of Nagaland (NSCN):

• The outfit aims to establish a ‘Greater Nagaland’ (‘Nagalim’ or the People’s Republic of Nagaland) based on
Mao Tse Tung’s ideology. Its manifesto is based on the principle of Socialism for economic development and a
spiritual outlook – ‘Nagaland for Christ’.
• The National Socialist Council of Nagaland (NSCN) was formed on January 31, 1980 by Isak Chisi Swu,
Thuingaleng Muivah and S.S. Khaplang to opposed the ‘Shillong Accord’ signed by the then NNC (Naga National
Council) with the Indian government. Later, differences surfaced within the outfit over the issue of commencing a
dialogue process with the Indian Government and on April 30, 1988, the NSCN split into two factions, namely the
NSCN-K led by S S Khaplang, and the NSCN-IM, led by Isak Chisi Swu and Thuingaleng Muivah.

Peace efforts:
1. Nine Point Agreement:
➢ Signed by the governor of Assam and Naga leaders on june 26, 1947.
➢ Under this agreement it was decided that the Nagas would be granted judicial, executive, and legislative powers,
as well as autonomy in land related matters.
➢ There was a 10 year guarantee of these provisions at the end of which the Nagas could choose between extending
the agreement or a new agreement.

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 ➢ The Naga leaders were also promised unification of Naga territories from nearby districts into the Naga hill
district.
➢ However, the constituent Assembly refused to ratify this accord.
2. Sixteen-point Agreement with the Naga People’s Convention of 1960.
3. Shillong Accord of 1975.
4. Naga Peace Accord 2015:
➢ Nagaland peace accord is the accord signed in August 2015 by the Government of India and the National
Socialist Council of Nagaland (NSCN) to end the insurgency.
➢ The framework agreement is based on the "unique" history of Nagas and recognises the universal principle that
in a democracy sovereignty lies with the people.
➢ National Socialist Council of Nagaland (NSCN) has given up its demand for ‘Greater Nagaland’ and vowed
allegiance to the constitution of India. The details of the accord are yet to come in public domain.
➢ The Government of India has also made clear that existing boundaries of states will not be altered.
➢ It will restore peace and pave the way for prosperity in the North East.
➢ It will advance a life of dignity, opportunity and equity for the Naga people, based on their genius and consistent
with the uniqueness of the Naga people and their culture and traditions.
➢ The Government of India recognized the unique history, culture and position of the Nagas and their sentiments
and aspirations. The NSCN understood and appreciated the Indian political system and governance.

The Nagas peace accord has been hanging fire since a framework agreement was signed with NSCN-IM in 2015.Naga
groups even carried out a rally in Delhi demanding early finalisation of Naga Peace Accord.

ASSAM:
• In Assam the problem began in 1979, the indigenous people of Assam demanded that illegal immigrants who had
emigrated from Bangladesh to Assam be detected and deported. The movement led by All Assam Students Union
began non-violently with satyagraha, boycotts, picketing and courting arrest.
• The Election in 1983 was opposed by the movement’s leaders. The election led to widespread violence. The
movement finally ended after an agreement with the central government on august 15, 1985.
• Under the provisions of this accord, anyone who entered the state illegally between January 1966 and March 1971
was allowed to remain but was disenfranchised for 10 years, while those who entered after 1971 face expulsion.

Statehood demands in Assam:

General reasons behind their demand of separate
statehood:
• To preserve and promote their ethnic identity
• For better benefits economic development in
backward areas
• To ensure control over natural resources like
land

Emergence of Insurgency:
• The United Liberation Front of Assam (ULFA), an insurgent group, was formed in 1979 and marked the
beginning of insurgency in Assam. The main aim of ULFA was to “liberate Assam through armed struggle from
the exploitative attitude of the central government towards Assam and establish a sovereign independent
Assam.”
• The group remained dormant during the Assam movement; however, it supported the Assam movement. The
Assam movement was against the illegal migrants. ULFA also raised the similar issue, which gained popularity and
acceptability of the common population.

Profile of Insurgent Groups :

• Various insurgent groups and organizations have emerged and are active in Assam due to the fear of imposition of
cultural and geographical imperialism and domination as well as increasing levels of economic and political
competition.

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• This has resulted in frequent violence in the state among ethnic groups. Partly, these factors are also responsible
for the rise of different insurgent outfits in the state. The insurgent outfits began to grow in the state on the ground
of ethnicity, religious and cultural split.
• The cultures of violence propagated by the ULFA and the Bodo outfits have set up a pattern for a number of copycat
insurgents groups in the Northeast region. As many as 34 insurgent groups have been operating in the state.
• Amongst all the groups, the United Liberation Front of Assam (ULFA), the National Democratic Front of Bodoland
(NDFB), United People’s Democratic Solidarity (UPDS), Dima Halim Daoga (DHD), Muslim United Liberation
Tigers of Assam (MULTA) and Muslim United Liberation Front of Assam (MLUFA) are the major insurgent
groups. The ULFA operates mainly in the upper Assam whereas NDFB operates in the Bodo-areas of North and
North West river of Brahmaputra.

1. Bodoland:
• Bodos, the largest plains tribe of Assam started an armed struggle
for a separate state in the mid-1980s.This armed struggle led to
ethnic cleansing of the non-bodos along the north bank of
Brahmaputra.
• Bodoland Movement for an independent state of Bodoland
started on March 2, 1987 under the leadership of Upendranath
Brahma of the All Bodo Students' Union (ABSU).

The Bodoland Territorial Council (BTC):

• BTC has legislative, administrative, executive and financial
powers over 40 policy areas in the Bodoland Territorial Areas
Districts comprising four districts (Kokrajhar, Baksa, Chirang and Udalguri) of Assam.
• It was established in 2003 following a peace agreement between the Government of India and Bodo rebels and has
been functioning since 2003 under the provision of the Sixth Schedule of the Constitution of India.

National Democratic Front of Bodoland:

• NDFB (Songjit faction) had turned up the fire in Assam in the year 2014, December by attacking districts of Sonitpur
and Kokrajhar, killing nearly 78 and leaving many seriously injured.
• It appears that this carnage started in retaliation to the death of three NDFB (S) cadres during a counter-insurgency
operation conducted by the Mahar Regiment on December 21 against the outfit’s camp in the Chirang District along
the Assam-Bhutan border.

2.Karbi Anglong:
• Government has created Autonomous hill districts of Assam in Mikir hills
region of Assam.
• A separate state of Karbi Anglong (Homeland) is being made by people of
Karbi tribe.
• Karbi Anglong district is the largest amongst the 27 administrative districts
of Assam
• In 2006- Indian government named Karbi Anglong one of the country's 250
most backward districts

3. Dimaraji:
• Dimsa people demanding a separate state called Dimaraji or "Dimaland"
comprise the Dimasa inhabited Areas which spreads in part of Assam and
Nagaland.
1. Dima Hasao district,
2. Parts of Cachar district,
3. Parts of Nagaon district and
4. Karbi Anglong district in Assam together with
5. Part of Dimapur district in Nagaland

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 • Government had given autonomy by forming the “The Dima Hasao Autonomous Council” (DHAC) in response to
the demands.

4. Kamtapur:
• They do not have an autonomous council like
bodos.
• Kamtapur = some districts of West Bengal +
districts of Assam.
• Areas demanded under Kamatapur also
overlap the areas which were demanded under
the statehood of Gorkhaland in West Bengal.

Issue of NRC:
• Bangladeshi immigrants had affected the
demographic of Assam.
• NRC is an exercise first carried out 1951 to
enumerate the citizens, their houses and
holdings. It is an official record of all the legal citizens of a state in respect of each village showing the houses or
holdings in a serial order and indicating against each house or holding the number and names of persons staying
therein. Over the years there has been a demand from the indigenous Assamese groups to update the NRC.

TRIPURA:
• The state of Tripura witnessed a surge in terrorist activities in
the 1990s. The main reason was the influx of refugees from the
newly formed Bangladesh.
• Influx of refugees fuelled discontent and demographic inversion
in Tripura.
• This led to insurgent activities in the state of Tripura and the
formation of the Tripura Upajati Juba Samiti (TUJS) in 1971,
followed by the Tripura National Volunteers (TNV) in 1981.
• The National Liberation Front of Tripura (NLFT) was
formed on March 2, 1989 and its armed wing, the National Holy
Army and All Tripura Tiger Force (ATTF), in July 1990,
queered the pitch.
• But today Tripura is one of the successful states in curbing
insurgency in the state.

Famous Tripura model:

A multidimensional and fine-tuned solution provided by the government of Tripura. Following are the attributes of
Tripura model-

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Working on all these multiple fronts Tripura succeeded in fighting against the insurgency.

MEGHALAYA:
• Meghalaya formed a full-fledged state in 1972 out
of the state of Assam, with an aim to address the unique
needs of the major tribes in the region: the Garos, the
Jaintias and the Khasis.
• Meghalaya is perhaps the least affected by insurgency in
the North-East.
• Main tension in the state is due conflict between the
tribal and non-tribal settlers, identity issues and
growing corruption along with change in
demographic composition due to influx of illegal
migrants from Bangladesh.
• This led to formation of various insurgent groups- Garo
National Liberation Army (GNLA), Achik National
Volunteer Council (ANVC), and Hynniewtrep National Liberation Council (HNLC).

Garo National Liberation Army (GNLA):

• It was formed in 2009 - Aims to establish a separate Garoland for the Garo people.
• It sustains by extortions and smuggling activities which can be contained with better deployment of the available
force and with support from the local people.

Achik National Volunteer council(ANVC):

• ANVC formed in 1995 with the intention of forming an Achik land in the Garo hills. But as now it suspended its
operation due agreement with the government in 2004.

Hynniewtrep National Liberation Council (HNLC):

• It is a militant organization operating in Meghalaya, India formed in 1992.
• It claims to be a representative of the Khasi-Jaintia tribal people, and its aim is to free Meghalaya from the alleged
domination of the Garos and the non-tribal outsiders.
Garo Hills Liberation Army formed by deserting police personnel, have been launching guerrilla attacks against police
and army.

Kidnapping and ransoms have become a norm in the western districts of the state. Along with the state lies in a major
smuggling route between Bangladesh and India.

ARUNACHAL PRADESH:
• Eastern most state of India. Problem of insurgency in
this state can be seen in the continuum of Nagaland.
NSCN-IM sees three districts of state namely Tirap,
Changlang and Longding as part of Nagalim.
• Insurgent groups use districts of state for transit
camps and a strong presence of ULFA-I can be seen.
During counter insurgency operations insurgents
use state to reach their base camp in Myanmar.
• Emerging concern is the presence of the CPI-Maoist
cadres in Lohit and Lower Dibang valley.
• Presence of strong Chakma and Hajong refugees in
Arunachal Pradesh and along with an influx of other
outsiders have also raised concerns among the locals
from time to time.

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 • Kidnapping and extortion by members of NSCN had created an environment of fear in the district of Tirap and
Changlang.

Impact of insurgency:
• Every government employee and businessman in Tirap is forced to pay nearly twenty-five per cent of
his gross income as a tax for the Republic of Nagalim . In the districts of Tirap and Changlang,
branches of the State Bank of India have been shut down after they were served with extortion notes
by the NSCN-K.
• In 2001, the operations of the Oil India Limited in Changlang district were brought to a halt after the
NSCN-IM demanded an amount of Rs. 60 lakhs (US$ 125,000). The oil major had to pull out 130 of
its technical staff from the area.
• Overall development activity suffers and no new project is established in the state which led to
economic backwardness in the state.

MIZORAM:
• The Mizo National Famine Front dropped the word
'Famine' and a new political organization, the Mizo
National Front (MNF) was born on 22nd October
1961 under the leadership of Laldenga with the
specified goal of achieving sovereign independence of
Greater Mizoram. Large scale disturbances broke out
on 28th February 1966 government installations at
Aizawl, Lunglei, Chawngte, Chhimluang and other
places simultaneously.
• While the MNF took to violence to secure its goal of
establishing a sovereign land, other political forces
in the hills of Assam were striving for a separate
state. The search for a political solution to the
problems facing the hill regions in Assam continued.
• The Mizo National Front was outlawed in 1967. The
demand for statehood has gained fresh momentum. A
Mizo District Council delegation, which met prime
Minister Mrs Indira Gandhi in May 1971 demanded a
full-fledged state for the Mizos. The union
government on its own offered the proposal of turning
Mizo Hills into a Union Territory in July 1971. The
Mizo leaders were ready to accept the offer on
condition into Union Territory in July 1971. The Mizo
leaders were ready to accept the offer on condition that
the status of U.T would be upgraded to statehood
sooner rather than later. The Union Territory of
Mizoram came into being on 21st January, 1972.
Mizoram got two seats in Parliament, one each in the
Lok Sabha and in the Rajya Sabha.
• In June 1986, the centre signed a peace agreement with Laldenga, leader of the Mizo National Front (MNF).
By its terms, the MNF rebels laid down their arms and were granted amnesty against prosecution. The government
granted full statehood to Mizoram.
• Among the ethnic and secessionist conflicts, the resolution of the Mizoram issue was a notable success.

Government steps:
The government followed the composite strategy to deal with the situation in the North-East.

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• The centre has steadily pursued the policy of talks/ negotiations with any outfit ,which is ready to forego the
path of violence and come forward for peace talks within the constitutional framework of India.

Some major initiatives taken for North-East:

• Border Area development Project
• Hill Area Development Programme
• Constitutional protection in Sixth Schedule which protected not only the tribal laws, customs and land rights; but
also gave sufficient autonomy to the tribes to administer themselves with minimum outside interference.
• Protected Area Permit: Due to security reasons, certain areas have been declared as Protected Area/Restricted
Areas where no foreigner can enter or stay without obtaining permit from the competent authorities.
• Engagement with the governments at regional level so that development in the region can be assured.
• Act East Policy - India’s ‘Act East’ policy is a diplomatic initiative to promote economic, strategic and cultural
relations with the vast Asia-Pacific region at different levels. The country’s eastward drive since 1992 has
underscored the importance of this region in its contemporary international relations. ‘Act East’ and its early avatar,
‘Look East’ are not different; rather, they are two sides of the same coin, representing two different, but continuing
phases in the evolution of India’s policy towards the Asia-Pacific region.
• National Waterway 2 is a section of the Brahmaputra River having a length of 891 km between the Bangladesh
border near Dhubri and Sadiya in Assam.
• Development of Railways and Airports in the North-East region.

Various development projects in North-East with the involvement of other countries:

• Trilateral Highway: India-Myanmar-Thailand (IMT) - The works on both these sections were awarded on
Engineering, Procurement and Construction (EPC) mode in May 2018. The 1360 kms long India-Myanmar-
Thailand Trilateral Highway is an initiative pertaining to India, Myanmar and Thailand.

• Kaladan Project-
➢ Kaladan Multimodal Transit Transport Project involving India and
Myanmar is very important for connecting the North East and Myanmar.
This is part of India’s ‘Look East policy’ connecting north eastern States
and the ASEAN region.

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 ➢ There is a framework agreement between India and Myanmar signed in 2008, to help in facilitating the
implementation of the Kaladan Multimodal Transit Transport Project.
➢ India is also involved in developing the Sittwe Port in
Myanmar which is expected to emerge as the most strategic
overseas port for India and is located at the estuary of Kaladan
River which is in the troubled Rakhine province of Myanmar.
➢ India has already constructed an inland water transport jetty
at Sittwe and also a container terminal is expected to come up
later.

• Bangladesh-China-India-Myanmar (BCIM) Corridor: The

2800 km BCIM corridor proposes to link Kunming in China’s
Yunnan province with Kolkata, passing through cities such as
Mandalay in Myanmar and Dhaka in Bangladesh and finally to
Kolkata.

• Rail link from Agartala-Akhaura:

➢ The rail line between Agartala in Tripura and Akhaura in Bangladesh
would pave the way for the first train to run from the north-eastern region
to Bangladesh.
➢ The historical Agartala-Akhaura railway line to connect the north-eastern
region with Bangladesh is expected to be ready by the end of 2021

Security Cooperation With Neighbouring Countries:

• The Myanmar government handed over at least 22 militants of north-
eastern armed groups to India, thus becoming the third neighbouring country
to act against the Indian frontier region’s insurgents.
• The Royal Bhutan Army had conducted an ‘Operation All Clear’ to flush
out camps set up on its soil by north-eastern armed groups, including the United
Liberation Front of Asom (ULFA) at the Indian government’s request, the
Bangladesh government – between 2009 and 2015 – had handed over the top
leaders of ULFA (barring Paresh Barua) and the National Democratic Front of Bodoland (NDFB), forcing them to
come to the table for peace talks.
• The armies of India and Myanmar have launched two phases of joint operations along the Myanmar border
targeting camps of insurgent groups operating in North East. Named Operation Sunrise, the strategy is aimed
at hitting militant groups that are impacting both India and Myanmar

North-East Insurgency and its link with Foreign entity:

• India's Northeast is one of South Asia's hottest trouble spots, not simply because the region has as many as 30
armed insurgent organizations operating and fighting the Indian state, but because trans-border linkages that these
groups have, and strategic alliances among them, have acted as force multipliers and have made the conflict
dynamics all the more intricate.
• With demands of these insurgent groups ranging from secession to autonomy and the right to self-
determination, and a plethora of ethnic groups clamouring for special rights and the protection of their distinct
identity, the region is bound to be a turbulent one.
• Moreover, the location of the eight north-eastern Indian States itself is part of the reason why it has always been a
hotbed of militancy with trans-border ramifications. This region of 263,000 square kilometres with 3 highly porous
and sensitive frontiers with China in the North, Myanmar in the East, Bangladesh in the South West and Bhutan
to the North West.
• The region's strategic location is underlined by the fact that it shares a 4,500 km-long international border with
its four South Asian neighbours, but is connected to the Indian mainland by a tenuous 22 km-long land corridor
passing through Siliguri in the eastern State of West Bengal, appropriately described as the ‘Chicken's Neck.'

Free Movement Regime (FMR):

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• The Free Movement Regime is a unique travel arrangement between India and Myanmar.
• FMR permits the tribes residing along the border to travel 16-km across the boundary without visa restrictions.
• The FMR helps tribes across the border to maintain their age-old ties.
• Free movement regime is being misused by militants and trans-border criminals who smuggle weapons,
contraband goods and fake Indian currency. Taking benefit of free movement regime occasionally they enter India,
commit crimes and escape to their relatively safer hideouts.

Rohingyas And North-East-

• The Rohingya conflict is one of the longest conflicts between the majority Buddhist Burmese and the minority
Muslims in Myanmar.
• It has led to the displacement of a large number of people across the Myanmar-Bangladesh border, especially from
the Rakhine state.
• The tragic aspect of this issue is that about 800,000 Rohingyas in Myanmar are stateless people. They are not
recognised as an ethnic indigenous minority or citizens of Myanmar. Bangladesh, which has a 271 km long border
with Myanmar, houses nearly 300,000 Rohingya refugees, especially in Cox Bazar.
• Many of these refugees are without jobs and could fall prey to radical ideologies. They may join the Harkat-ul-
Jihadi Islam (HuJI) which has been accused of carrying out bomb blasts in Assam.
• Another aspect could be the fear of a major spill over of the conflict into India’s north-east in terms of refugee
flow from across the porous Bangladesh-India border. The north-east is a region plagued by armed ethnic conflicts
based on issues of land and identity. Further inroads by a refugee population could exacerbate the situation in the
north-east.

BRU REFUGEE CRISIS:

• A four-party agreement among the Centre, Mizoram government, Tripura government, and leaders of Bru
community was signed to end the 23-year old Bru-Reang refugee crisis.
• The Bru community, also referred to as Reangs, resides in Mizoram, Tripura, and parts of southern Assam, and is
ethnically distinct from the Mizos of Mizoram.
• There are over 40,000 Brus living in four districts of Mizoram. At present, over 30000 Brus are living in the
refugee camps in Tripura after they fled Mizoram following ethnic clashes with
the Mizo tribes in 1997.
• The first signs of conflict between the two communities emerged in 1995 when
Mizo organizations - the Young Mizo Association and the Mizo Students’
Association - demanded that Brus be left out of the Mizoram’s electoral rolls
as they were not an indigenous tribe.
• The Brus retaliated by forming an armed organization, Bru National Liberation
Front, and a political body, Bru National Union. The two demanded more political
autonomy for Mizoram’s Brus and a Bru Autonomous District Council (ADC)
under the Sixth Schedule of the Constitution.
• In 1997, following ethnic tension over an incident in Mizoram, around 5,000
families comprising over 30,000 Bru tribals were forced to flee the state and
seek shelter in Tripura.

Efforts made by the Union Government

• Since 2010, the Union government has been assisting the two State governments for taking care of the refugees.
Till 2014, 1622 Bru-Reang families returned to Mizoram in different batches.
• In 2018, an agreement was signed between the Union government, the two State governments and
representatives of Bru-Reang refugees, as a result of which the aid given to these families was increased
substantially.
• Subsequently, 328 families comprising of 1369 individuals returned to Mizoram under the agreement. But there had
been a sustained demand of most Bru-Reang families that they may be allowed to settle down in Tripura,
considering their apprehensions about their security.

Challenges Remained:

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 • It is doubtful whether the land that is allocated to Brus in Tripura will be accepted by the domicile tribes in
Tripura.
• Till the pact, the Tripura Government was eager to repatriate the Brus to Mizoram. As the new pact settles the Brus
in Tripura, it needs a lot of political will from Tripura to implement welfare programmes for the Brus.
• The existing Bru families in Mizoram are still opposed by some ethnic organizations of Mizoram, which might
trigger another exodus if there is no settlement at the place of the conflict.

Steps Required:
• NEC as forum: The North Eastern council (NEC), having the Governors and Chief Ministers of the North Eastern
states as its members, can provide a common forum for discussing security aspects in a comprehensive manner.
• Primacy of political goals: It involves planning, preparation and execution of counter-insurgency within political
framework. The role of the military in flushing out insurgents from certain areas is considered to be a supportive
role. For instance, British, U.S. and Indian military forces have signified the importance of the military. However,
citing the cases of Mizoram and Assam, Dr. Goswami emphasises on the importance of political goals. In the paper,
she has pointed out how the Mizo National Front (MNF) became a platform to express against the heavy response
of the Indian military. It was during the strong political leadership of Pu Laldenga of MNF that the Mizo conflict
was resolved in 1987 through staunch negotiations.
• Centre of gravity-population: Insurgent groups aim to persuade the population by utilizing the strategy of coercion
and intimidation to generate support for their political cause. While countering these insurgency groups, the
operation of the armed forces should be carried out in a civilian landscape, not in military camps, and the counter-
insurgency forces need to know that such operations are people-centric operation. For this, there are certain practical
ways of gaining support of the population, namely, having day to day contacts with the population, organising
collective work, identify local cells of the insurgent, prevent too much movement, and finally provide security to
the population. Besides this, there is also a need to gather information on three different types of population in any
insurgency-affected areas, namely, minority support base for the insurgent; a passive neutral majority; and a
minority which is against the insurgency.
• Counter-propaganda: the insurgency groups intend to impose control over the population. These groups aim to
win over the people by propagating their political cause, often by promising them better political empowerment,
better economic status, better security etc. Such propaganda appears an easy task to the insurgency groups as they
do not have to deliver any of those promised goals in the near term. However, countering such propaganda remains
an arduous task for the counter-insurgency forces. For this, the strategy for counter-propaganda should be focused
on exposing the weakness and false promises made by the insurgents. This strategy can only be materialized by ‘by
obtaining the neutrality of the population, visible presence of counter-insurgent forces to provide security,
establishing the authority of the state by providing basic needs, propaganda directed at insurgent rank and file,
followed by an effective surrender policy’.
• Resolute leadership: In order to carry out a successful operation, the involved leader must possess a clear
conceptual understanding of the mission. For this, he or she should have a thoughtful understanding of the nature
of the problem. The leadership should exhibit ‘resoluteness, act in an ethical manner and always keep the national
priorities and goals in clear perspective’. His or her leadership qualities should also be shown at all levels, and the
leader should able to synchronise with various agencies with the aim of protecting the population and instilling in
them a sense of security.
• Intelligence: This is one of the most important counter-insurgency measures. The absence of thorough and specific
intelligence would only make the counter-insurgency operations ineffective. For this, the commander needs to form
a sound intelligence network with the involvement of intelligent staffs possessing a ‘clear understanding of the
operational environment, physical geography, the external influence, role of media and internet’. Means through
which intelligence can be gathered are: lines of communication, belief systems, values, identity, culture, social
norms, grievances, insurgent strength and vulnerabilities, safe havens, insurgent intelligence network, etc.
Intelligence should be used to understand the root causes of the insurgency.
• Unity of effort: There needs to be an integrated approach in counter-insurgency. This involves ‘showcasing of
administrative capacities, economic resources, propaganda, military superiority and the like’. Operations in such
cases should be guided by a single strategic narrative that is visible across all lines of operation. This practice
involves the coordination of political, social, economic and the military aspects of the counter-insurgency. The
author specifies the roles of politicians, bureaucrats, army, police, local leaders, NGOs and media. A successful

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 unity of effort can be achieved if there is a single command and coordination centre. Furthermore, civil-military
relations are also important in this context.
• Appropriate ‘military’ force structures: It is important that the force is used to its minimum. This is because
operations should aim to neutralise insurgents and not eliminate them. Also, minimum force should be used in order
to reduce the fear that civilian population experiences due to the heavy presence of armed forces. The force structure
should be able to respond to given context even though it is a small operation team.
• Rule of law: The counter-insurgent forces need to act according to certain accepted rules of law. Any operation in
a given region should be within the framework of a legal mandate and conduct must meet the highest legal standards.
With such rules, the involved forces can avoid any disproportionate use of force. This will not breed alienation
amongst the civilians. Forces have to be briefed about the rules of engagement with regard to arrests, searches,
warrants, interrogation techniques, intelligence gathering by issuing a Standard Operating Procedure. Acts such as
the Armed Forces (Special Powers) Act of 1958 amended in 1972 are perceived by the common people as
neutralising their fundamental rights granted by the Indian Constitution. It is difficult to control the population under
distress and the state must offer its people ‘a good deal working within the rule of law’ in order to isolate the
insurgents.
• Operational clarity: It is important to have clarity of purpose in any counter-insurgency operation. There has to be
a unified command structure with only a single direction. The political aims should also be crystal clear. Further,
the armed forces should clearly map the conflict zones. Involved forces must be clear about their allocated tasks,
and short and long term targets. For all these, the most significant clarity is that the forces should be very clear that
these operations must be people friendly ones. Challenges with reference to clarity of operations arise due to
prevalence of multiple levels of decision makers in the insurgency-affected states like in the North East.
• Learning from the Tripura model of counter insurgency.
• Optimum coordination between all the levels of government, security forces and media houses.
• Coping up with the regional aspirations.
• Improving administrative efficiency
• Enhance communication and connectivity
• Stringent law and fast criminal justice system for quick disposal of insurgents attack cases.
• Decentralization with alertness
• Improving administrative efficiency,
• Pro-people governance

The fruit of development along with winning the trust and building the confidence of people of the North-East is key to
bring peace, prosperity in the region.

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 CH-10 CYBER SECURITY

Cybersecurity:
Definition: Cybersecurity or information technology security are the techniques of protecting computers, networks,
programs, and data from unauthorized access or attacks that are aimed for exploitation.

Cybersecurity is a complex issue that includes multiple domains. It is different from the other traditional security
challenges due to its diffused nature and varied nature of the threats and the inability to frame an adequate response in
the absence of tangible perpetrators.

Cyber Threats

Cyber crime -
Cyber warfare -
Against individuals, Cyber Espionage Cyber Terrorism
Against a state
corporates, etc

Cyber Crime “Any unlawful act where computer or communication device or computer network
is used to commit or facilitate the commission of crime”.
Cyber warfare When a nation-state or international organization attacks and attempts to damage another
nation's computers or information networks through, for example, computer viruses or
denial-of-service attacks.
Cyber spying/ cyber Cyber spying/ cyber espionage is the act or practice of obtaining secrets and information
espionage without the permission and knowledge of the holder of the information from individuals,
competitors, rivals, groups, governments and enemies for personal, economic, political
or military advantage using methods on the Internet, networks or individual computers
through the use of proxy server.
Cyber terrorism Cyber terrorism can be also defined as the intentional use of computers, networks, and
public internet to cause destruction and harm for personal objectives

Motives behind Cyber Attacks

• For commercial gain by hacking banks and financial institutions.
• To attack critical assets of a nation or an individual.
• For strategic Advantages: To penetrates into both corporate and military data servers to obtain plans and
intelligence.
• To affect the social harmony of the country: To hack sites to virally communicate a message for some specific
campaign related to politics and society.

Methods used for cybercrime/Cyber Attack:

Phishing It is a kind of fraudulent attempt that is made through email, to capture personal
and financial information.
Cyber Stalking Repeated use of electronic communications to harass or frighten someone

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 Identity theft It is a type of fraud in which a person pretends to be someone else and does crime with
the name of someone else
Denial of service (DoS) It attacks refers to an attempt to make computer, server or network resources unavailable
to its authorized users usually by using temporary interruption or suspension of services.
Ransomware Ransomware is a type of computer malware that encrypts the files, storage media on
communication devices like desktops, Laptops, Mobile phones etc., holding
data/information as a hostage. The victim is asked to pay the demanded ransom to get
his device decrypts.
Botnets A Botnet is a collection of networked computers that reside on the Internet. These
computers silently send spam, viruses, and malicious information, to other Internet
computers. All based on the instructions they receive from those controlling the botnet.
Whaling A whaling attack is a method used by cybercriminals to masquerade as a senior player
at an organization and directly target senior or other important individuals at an
organization, with the aim of stealing money or sensitive information or gaining access
to their computer systems for criminal purposes.
Spoofing Spoofing, as it pertains to cybersecurity, is when someone or something pretends to be
something else in an attempt to gain our confidence, get access to our systems, steal
data, steal money, or spread malware.
Browser hijacking Browser hijacking is the unintended modification of a web browser's settings by a
malware. The term "hijacking" is used as the changes are performed without the user's
permission. Some browser hijacking can be easily reversed, while other instances may
be difficult to reverse. Various software packages exist to prevent such modification
Pharming It is a method used by phishers to deceive users into believing that they are
communicating with a legitimate Web site. Pharming uses a variety of technical
methods to redirect a user to a fraudulent or spoofed Web site when the user types a
legitimate Web address
Skimming It is the act of obtaining data from an unknowing end user who is not willingly
submitting the sample at that time. An example could be secretly reading data while in
close proximity to a user on a bus.
Spamming Unsolicited commercial e-mail (UCE) sent to numerous addressees or newsgroups

Espionage Espionage is the act or practice of obtaining data and information without the permission
and knowledge of the owner.
Computer Virus It is a program written to enter your computer and damage/alter your files/data and
replicate themselves.
Worms Worms are malicious programs that make copies of themselves again and again on the
local drive, network shares, etc.
Trojan horse A Trojan horse is not a virus. It is a destructive program that looks as a genuine
application. Unlike viruses, Trojan horses do not replicate themselves but they can be
just as destructive. Trojans open a backdoor entry to your computer which gives
malicious users/programs access to your system, allowing confidential and personal
information to be stolen.

Special features of cyber war compared to traditional war:

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 Components of Cyber Security
• Application Security: It encompasses measures or counter-measures that are taken during an application’s
development process to protect it from threats that can come through flaws in the app design, development,
deployment, upgrade or maintenance.
• Information security: It is related to the protection of information from an unauthorized access to avoid identity
theft and to protect privacy.
• Network Security: It includes activities to protect the usability, reliability, integrity and safety of the network.
• Disaster Recovery Planning: It is a process that includes performing risk assessment, establishing priorities,
developing recovery strategies in case of an attack.

Need for Cyber Security

• For Individuals: Photos, videos and other personal information shared by an individual on social networking sites
can be inappropriately used by others, leading to serious and even life-threatening incidents.
• For Business Organizations: Companies have a lot of data and information on their systems. A cyber-attack may
lead to loss of competitive information (such as patents or original work), loss of employees/customers private data
resulting into complete loss of public trust on the integrity of the organization.
• For Government: A local, state or central government maintains huge amount of confidential data related to
country (geographical, military strategic assets etc.) and citizens. Unauthorized access to the data can lead to serious
threats on a country.

India and cyberspace threats

o Meaning - Cyberspace is a complex environment consisting of interactions between people, software and services,
supported by worldwide distribution of information and communication technology devices and networks.
o Global Information Security Survey (GISS) 2018-19 – India was observed, one of the highest number of cyber
threats have been detected in India, and the country ranks second in terms of targeted attacks.

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o The 2019 Global Risk Report (World Economic Forum) highlights India’s history of malicious cyberattacks and
lax cybersecurity protocols which led to massive breaches of personal information in 2018.

The future war will target Crucial areas such as:

Critical Information Infrastructure (CII):

• Critical information infrastructure is communications or information service whose availability, reliability and
resilience are essential to the functioning of a modern economy, national security and other essential social values.

Complex Interconnected Interdepedent Distributed

• The complex interactions among various industrial functions of critical infrastructure and the exchange of
information leads to “interdependencies”. A minor disruption at one point could have a rippling effect across
multiple infrastructures.
• Among these Critical Information Infrastructures (CIIs) which are intricately interrelated and interdependent are :

Banking and
Defense Space Power Transport Public Health
finance

Sensitive
Law enforcement Critical
water supply Communications Government E-Governance
agency manufacturing
organizations

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 Threats to Critical Information Infrastructure (CII)

Threats to CII

Internal Threats External Threats

Internal Threats External Threats

It is defined as ‘one or more individuals with the This threat arises from outside of the organisation, by
access and/or inside knowledge of company, individual, hackers, organisations, terrorists, foreign
organisation or enterprise that would allow them to government agents, non-state actors, and pose risk like
exploit the vulnerabilities of that entity’s security, crippling CII, espionage, cyber/electronics warfare, cyber
systems, services, products or facilities with the intent terrorism etc.
of cause harm.

Effects of cyber-attack on CII

1. Damage or Destruction of CII
2. Disruption or Degradation of Services
3. Loss of Sensitive / Strategic information
4. Cascading Effect

Components of Critical Infrastructure such as:

• Programmable Logic Control (PLC)
• Supervisory Control and Data Acquisition (SCADA) systems were targeted by the Stuxnet malware that attacked
supposedly secure Iranian nuclear facilities.

Two-step approach for protection of Critical Infrastructure:

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 To identify and reduce the vulnerabilities
of individual systems to any sort of
To identify the plausible threats
damage or attack and reduce their
recovery time.

Cyber Terrorism
• Meaning - “Cyber terrorism is the convergence of terrorism and cyber space. It is generally understood to mean
unlawful attacks and threats of attacks against computers, networks, and information stored therein when done to
intimidate or coerce a government or its people in furtherance of political or social objectives, Further, to qualify as
cyber terrorism, an attack should result in violence against persons or property or at least cause enough harm to
generate fear, Serious attacks against critical infrastructures could be acts of cyber terrorism depending upon their
impact.”

Cyberspace has been used as a conduit by terrorists-

• For planning terrorist attacks,
• For recruitment of sympathizers,
• For Communication purposes
• For command and control
• Spreading propaganda in form of malicious content online to brain wash using their myopic ideological view
• For funding purposes
• As a new arena for attacks in pursuit of the terrorists’ political and social objectives.

• From that perspective, the challenges from non-state actors to national security are extremely grave. The shadowy
world of the terrorist takes on even murkier dimensions in cyberspace where anonymity and lack of attribution are
a given.
• The government has taken a number of measures to counter the use of cyberspace for terrorist-related activities
especially in the aftermath of the terrorist attack in Mumbai in November 2008.
• Parliament passed →
1. 2008 amendments to the IT Act, with added emphasis on cyber terrorism and cyber-crime.
2. The Information Technology (Guidelines for Cyber Cafe) Rules, 2011 under the umbrella of the IT Act.

In doing so, the government has had to walk a fine balance between the fundamental rights to privacy under the
Indian Constitution and National Security Requirements.

Government’s steps toward strengthening India’s Cyber Security

Government’s steps

Institutional Measures Legislative Measures

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 Institutional Measures
• National cyber coordination centre (NCCC) to scan internet traffic coming into the country and provide real time
situational awareness and alert various security agencies.
• A new Cyber and Information Security (CIS) Division has been created to tackle internet crimes such as cyber
threats, child pornography and online stalking. Under this, Indian cyber- crime coordination centre (I4C) and Cyber
Warrior Police force has also been established.
• Formation Defence Cyber Agency in the realm of military cyber security under the Ministry of Defence.
• Formation of three cyber-forensic laboratories in Bangalore,Pune and Kolkata in association with software
industry group NASSCOM.
• National Critical Information Infrastructure Protection Centre (NCIIPC) to battle cyber security threats in
strategic areas such as air control, nuclear and space. It will function under the National Technical Research
Organisation, a technical intelligence gathering agency controlled directly by the National Security Adviser in PMO.
• Indian Computer Emergency Response Team (CERT-in) to enhance the security of India’s Communications
and Information Infrastructure through proactive action and effective collaboration. CERT-fin has also been
launched exclusively for the financial sector. CERT-in is also operating Cyber Swachhta Kendra, a Botnet Cleaning
and Malware Analysis Centre.
• On similar lines for protection of critical sectors of Indian economy FIN-CERT for India’s financial sector was
launched.
• Government inaugurated the new body National Information Centre Computer Emergency Response Team
(NIC-CERT) to prevent and predict cyber-attacks on government utilities.
• Cyber Surakshit Bharat Initiative to strengthen the Cyber Security ecosystem in India. It is the first public private
partnership of its kind and will leverage the expertise of the IT industry in cybersecurity.
• Creation of National Critical Information Infrastructure Protection Centre and mandating security practices related
to the design, acquisition, development, use and operation of information resources.
• Security – Cyber Swachhta Kendra→ It is the Botnet Cleaning and Malware Analysis Centre under the Indian
Computer Emergency Response Team (CERT-In) under the Ministry of Electronics and Information Technology
(MeitY). The aim of Cyber Swachhta Kendra is to promote awareness among Indian citizens to secure their data in
computers, mobile phones, and other electronic devices.
• Cyber Surakshit Bharat Initiative→ MeitY in collaboration with National e-Governance Division (NeGD) came
up with this initiative in 2018 to build a cyber-resilient IT set up.
• National Cyber Security Strategy 2020→ Indian Government is coming up with the National Cyber Security
Strategy 2020 entailing the provisions to secure cyberspace in India. The cabinet’s nod is pending and it will soon
be out for the public.
• National Informatics Center (NIC) - The National Informatics Centre is an attached office under the Ministry of
Electronics and Information Technology in the Indian government. The NIC provides infrastructure to help support
the delivery of government IT services and the delivery of some of the initiatives of Digital India.

Legislative Measures:
Information Technology Act, 2000 (amended in 2008):
• To provide a legal framework for transactions carried out by means of electronic data interchange, for data access
for cybersecurity etc.

Salient Features of the Information Technology Act, 2000:

• Digital signature has been replaced with electronic signature to make it a more technology neutral act.
• It elaborates on offenses, penalties, and breaches.
• It outlines the Justice Dispensation Systems for cyber-crimes.
• The Information Technology Act defines in a new section that cyber café is any facility from where the access to
the internet is offered by any person in the ordinary course of business to the members of the public.

Shreya Singhal v. Union of India(Section 66 A)

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• In Shreya Singhal v. Union of India judgement, Supreme Court had observed that the weakness of Section 66A lay
in the fact that it had created an offence on the basis of undefined actions: such as causing “inconvenience, danger,
obstruction and insult”, which do not fall among the exceptions granted under Article 19 of the Constitution, which
guarantees the freedom of speech.
• The court also observed that the challenge was to identify where to draw the line Traditionally, it has been drawn at
incitement while terms like obstruction and insult remain subjective.
• In addition, the court had noted that Section 66A did not have procedural safeguards like other sections of the law
with similar aims, such as :
• The need to obtain the concurrence of the Centre before action can be taken.
• Local authorities could proceed autonomously, literally on the whim of their political masters.
• The judgment had found that Section 66A was contrary to both Articles 19 (free speech) and 21 (right to life) of the
Constitution. The entire provision was struck down by the court.

Offences under IT act 2000

Sections Description
Section 43 Data protection: laws and regulations that makes it illegal to store or share some type of
information or share information about people without their knowledge or permission
Section 66 Hacking of systems present over the network.
Section 69 Cyberterrorism
Section 66 Dishonestly receiving stolen computer resources
B
Section 73 Publishing electronic Signature certificate false in certain particulars.

Key provisions of the National Cyber Security Policy 2013:

• Set up different bodies to tackle various levels of threats, along with a national nodal agency to coordinate all
cybersecurity matters.
• To promote adoption of global best practices in information security.
• Create a National Critical Information Infrastructure Protection Centre (NCIIPC) Create a workforce of around
500,000 trained in cyber security.
• To create a think tank for cyber security policy inputs, discussion and deliberations.
• Provide fiscal benefits to businesses to adopt best security practices.
• To enhance the national and global cooperation among security agencies, CERTs, NCCC etc.
• Set up testing labs to regularly check safety of equipment being used in the country.
• Create a cyber ecosystem in the country, developing effective public-private partnerships and collaborative
engagements through technical and operational cooperation.
• Build indigenous security technologies through research.
• To develop bilateral and multilateral relationships in the area of cyber security with other countries.

Assessment of National Cyber Security Policy 2013

• Security risk associated with Cloud Computing have not been addressed.
• Also need to incorporate cyber-crime tracking, cyber forensic capacity building and creation of platforms for sharing
and analysis of information between public and private sector on continuous basis.

Issue of Personal Data Security

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 • Personal Data: In simple words personal data is that data from which an individual can be identified like name,
address etc, these personal data can include sensitive personal information like gender, financial, health etc. which
can be misused by easily.
• In the India justice B.N Sri Krishna committee provided a framework of personal data.
• Global personal data protection laws: European Union law, General Data Protection Regulation (GDPR), this right
allows an individual to remove consent for data collection and disclosure.

International cooperation in Cyber Security:

Budapest Convention on Cybercrime, 2001:
• It deals with issues such as infringements of copyright, computer-related fraud, child pornography and violations of
network security.
• It aims to pursue a common criminal policy, especially by adopting appropriate legislation and fostering
international police as well as judicial co-operation.
• It is supplemented by a “Protocol on Xenophobia and Racism” committed through computer systems.
• India is not yet a member. The Convention has 56 members, including the US and the UK.
• This convention of the council of Europe is the only binding international instrument on this issue that addresses
Internet and computer crime by harmonizing national laws, improving legal authorities for investigative techniques,
and increasing cooperation among nations.

Global Centre for cyber security:

• It is an initiative of the World Economic Forum with its headquarters in Geneva.
• Aims to establish the first global platform for governments, businesses, experts and law enforcement agencies to
collaborate on cybersecurity challenges and to develop a comprehensive regulatory mechanism.

Global conference on Cyber Space:

• Conference includes members from Government, civil society, private sector and the theme is cooperation in
cyberspace and enhancing cyber capacity building.
• Conference is held since 2011 biennially.

‘Commonwealth Cyber Declaration’ at the Commonwealth Summit 2018:

• Commonwealth Heads of Government, commit to:
o World’s largest inter-governmental commitments on cyber security cooperation.
o A cyberspace that supports economic and social development and rights online.
o Build the foundation of an effective national cyber security response.

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 o Promote stability in cyberspace through international cooperation.
Signed in April 2018.

Paris call:
• At UNESCO Internet Governance Forum (IGF) meeting convened in Paris, “The Paris Call for Trust and Security
in Cyberspace” was commenced, aimed at developing common principles for securing cyberspace.

Latest attack over the Indian Information Infrastructure:

• Coronavirus Pandemic Based Cyber Attack - Microsoft has reported that cyber crooks are using Covid-19
situation in 2020 to defraud people through phishing and ransomware in India and the world
• WannaCry - It was a ransomware attack that spread rapidly in May, 2017. The ransomware locked users’ devices
and prevented them from accessing data and software until a certain ransom was paid to the criminals. Top five
cities in India (Kolkata, Delhi, Bhubaneswar, Pune and Mumbai) got impacted due to it.
• Mirai Botnet - Mirai is malware that infects smart devices that run on ARC processors, turning them into a network
of remotely controlled bots or zombies. This network of bots, called a botnet, is often used to launch Distributed
Denial of Service (DDoS) attacks. In September 2016, Mirai malware launched a DDoS attack on the website of a
well-known security expert.
• Attack over the Kudankulam nuclear power station.
• Attack over the website of national institutions
• Petya Ransomware - In India, the ransomware has crippled the operations at one of the terminals of the Jawaharlal
Nehru Port Trust.
• In 2017 malware attack on the Tehri Dam in Uttarakhand.

Case of Stuxnet:
Stuxnet, the cyber worm allegedly created by US' National Security Agency and Israeli military and posed a massive
attack on the cyber infrastructure of Iran's nuclear enrichment centre at Natanz. Stuxnet exploited five distinct zero-day
vulnerabilities in desktop systems, apart from vulnerabilities in PLC systems. Indian investigators had already found
Stuxnet in Indian systems in early 2012

Way forward:
• As the attack of this nature is complex so periodic ‘back of data’ can prevent data theft.
• Real time monitoring and data gathering to prevent the cyber-attack.
• Development of a mechanism which is to be followed during the time of attack.
• Empowerment of people through digitally literacy
• Training personnel in the field of cyber expertise.
• A comprehensive policy along with strong laws can prevent the cyber-attack in the country.

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 CH-11 SOCIAL MEDIA
“The internet is the largest experiment involving anarchy in history. (…) It is a source for tremendous good and
potentially dreadful evil, and we are only just beginning to witness its impact on the world stage.” - Eric Schmidt,
Executive Chairman, Google and Jared Cohen, Director, Google Ideas.

Introduction:
● Any communication channel through which any kind of information, news, entertainment, education, data,
promotional messages etc. can be disseminated is called media.
● Mass media refers to communication devices, which can be used to communicate and interact with a large number
of audiences in different languages.
● Social Media in recent times has become synonymous with Social Networking sites such as Facebook or
Microblogging sites such as Twitter. However, very broadly 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.
● The advent of social media is transforming the way in which people connect with each other and the manner in
which information is shared and distributed. It is different from traditional media such as print, radio and television
in two significant ways –
1. The amount of content that can be generated by the users themselves far exceeds the content generated by
news/opinion makers.
2. Its “viral” ability for potential exponential spread of information by word of mouth and interlinking of the
various social media platforms, thereby considerably reducing the control over spread of any such information.
• National Security is of prime importance for any nation to maintain peace and harmony. Nations face
numerous internal security challenges and Social Media act as the platform for that.

According to the Cisco 2013 Annual Security Report, the highest concentrations of online security threats are on mass
audience sites, including social media.

Characteristics of Social Media:

● Participation: Social media encourages contributions and feedback from
everyone who is interested. It blurs the line between media and audience.
● Openness: Most social media services are open to feedback and
participation. They encourage voting, comments and the sharing of
information. There are rarely any barriers to accessing and making use of
content, password-protected content is frowned on.
● Conversation: Whereas traditional media is about “broadcast” (content
transmitted or distributed to an audience) social media is better seen as a
two-way conversation.
● Community: Social media allows communities to form quickly and
communicate effectively, sharing common interests.
● Connectedness: Most kinds of social media thrive on their connectedness, making use of links to other sites,
resources and people.
Role of Media in India:
For a country like India, the backbone of its democracy and the propagator of its national interests remains the access
to information and expression:
• Inform and educate people objectively, impartially and in an unbiased manner about security threats and
challenges.
• Unbiased reporting with the restraints of self-regulations.
• Promotion of the principles of healthy democracy.
• Respect for the Constitutional Provisions.
• To build a bridge between people and governments at the national level.

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• Uphold fairness, justice, national unity and international cooperation.
• Inform, educate, entertain, publicize and most importantly correct the excesses in any society.
• Highlight the trouble spots in the society and press the government and public to devise suitable mechanisms to
eliminate them.
• Shape the perceptions of government, influence public opinion, promote democracy, good governance as well
as influence peoples’ behavior and support people- oriented policies.

Some important principles to be followed by the media:

• Impartiality and objectivity in reporting
• Ensuring neutrality
• No glorification of crime and violence
• Special care in cases pertaining to women and children
• Refrain from obscenity
• Respect individual privacy
• Should not endanger national security
• Refrain from sensationalizing

Where Media is Misleading? – Threat to Internal Security

• Indian media does not have a wider perspective of India’s national security issues.
• Indian media is in no mood to apply brakes or observe self-restraint on its wayward and insensitive treatment of
national security issues.
• Indian TV anchors discussing national security issues do not have the political and strategic to discuss national
security issues as their Western counter-parts do.
• Indian TV debates on national security issues tend to cut out development of contrary views and perspectives by
imposing commercial breaks, or go hectoring themselves.

Social Media vs Social Networking:

Social Media and Social Networks in actual terms differ as social media is a communication channel that
transmits information to a wide audience and is usually a one-way street, while social networks facilitate
the act of engagement between likeminded people, groups or communities

Varients of Social Media:

Kaplan and Hoenlein in 2010 classified social media into six different types: collaborative projects, blogs and
microblogs, content communities, social networking sites, virtual game worlds, and virtual social worlds. Some common
examples.

Social Networking: These are the most prominent platform of social media. It is an online service that
enables its users to create virtual networks with likeminded people akin to social
networks in real life. It often offers the facilities such as chat, instant messaging, photo
sharing, updates, etc. Facebook with over 800 million users is one of the most well-
known social networking sites.
Blogs: Blogs are descriptive content created and maintained by individual users and may
contain text, photos and links to other websites. The main interactive feature of Blogs is
the ability of readers to leave comments and the comment trail can be followed.
Microblogs: Microblogs are similar to Blogs with a typical restriction of 140 characters or less,
which allows users to write and share content. It can be done in the form of text message,
instant message or even email. Twitter is a microblogging site that enables its users to send
and read text-based messages or “tweets” of up to 140-character length. These Tweets are
posted on the user’s account and the site allows others to “Follow” the user.
Vlogs and Video Videoblogs or Vlogs are blogging sites that mainly use video as the main form of content
Sharing sites: supported by text. Such sites especially enable those who may have limited knowledge of
English to also share their experiences over the internet. Vlogs are an important category

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 of content over YouTube – the largest video sharing site. YouTube is a video Live Casting
and video sharing site where users can view, upload and share videos and even leave
comments about videos.
Wikis: A Wiki is a collaborative website that allows multiple users to create and update pages on
particular or interlinked subjects.
Photo Sharing: Picasa and Flickr – These are photo sharing sites.

National Security & Social Media:

Social Media can represent an effective opportunity to preserve national security and/or reach the strategic interests of
a state if used properly by civil institutions and, in particular, by security services and/or information security services.

Negative Impact of Social Media Positive Impact of Social Media

Instigating Riots Social awareness
Spreading misinformation and disinformation Strengthening and deepening participatory democracy
Terrorism Cheapest and fastest form of communication
Anti-National activities Spread of Social activism
False opinion building Promoting cultural debates
Inciting communal violence Increase in creativity of general public as they are free

Social media supports security system also through:

• Improved intelligence capabilities - social network offer real-time, firsthand information which can be used for
developing “actionable intelligence” by using tools such as big data analysis etc.
• Support investigation - It can be used for effective engagement and policing. It includes methods-using platforms
like Twitter for supporting investigations and to find information on offenders, supporting investigations by crowd
sourcing; using photo-sharing site such as Flickr to publish photos of perpetrators of riots captured on CCTV etc.
• Maintaining Law and order - During London riots 2011, rioters used Smartphone apps etc. to organize attacks,
find police locations etc. However, the police and public hit back by using the very same social media technologies
to capture rioters and secure their communities. In the case of Boston Bombing, 2013, the police successfully
leveraged Twitter to calm public nerves and request public assistance
• Warning and Trend Prevision Tool- The ability to forestall future strategic and tactical contexts is of paramount
importance in order to reduce the possibilities to be caught by surprise by threats and increase the resilience to them.
• Influence, Propaganda and Deception Tool- The use of Social Media allows not only to communicate, share or
capture information, analyze sociopolitical dynamics and anticipate economic-financial trend, but also to describe
events, model reality, influence the perception of a certain situation, a specific issue or a person, and influence
choices and behaviors.
• Institutional Communication Tool

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Security implications/ Threat to Internal Security:
Social media poses challenge for democracies because the channels such as social networks and blogs present powerful
tools to spread information to the masses e.g. Moldavian twitter riot, the London riots, the Iran elections, the WikiLeaks
disclosures, or the Arab freedom movements etc.
• Terrorism: Social media helps terrorist organizations to spread their ideology and they use social media as a tool
to brainwash the youth of a country which ultimately ends up as an anti-social element. Terrorists also use social
media to disturb the social harmony of the country.
• Instigating Riots: The sharing of hate speech or rumors on social media platforms have potential to cause a full-
fledged Riot in the country.
• Spreading of Disinformation and Misinformation: Any wrong information that gets viral over social media
affects the knowledge of the people and erodes people's trust over the institute or government body.
• Inducement of panic in the public: Due to the viral nature of any rumor spreads like wildfire. If not quashed in
time can cause panic among the people which can lead to rampage etc.
• Cyber terrorism: The biggest challenge for internal security of nation through social networking site is cyber
terrorism. Today terrorists select Social Media as a practical alternative to disturb the function of nations and other
business activities because this technique has potential to cause huge damage.
• Criminality: As the Internet is growing explosively, online criminals try to present fraudulent plans in many ways.
Social networking sites also pose a major challenge in financial and organized crime which destabilizes the system.
It creates a threat to a company's security because of what employees might disclose and they are on prime target
for cyber criminals
• Protest Movements and Revolution: Some countries in the world feel threatened by the fact that social media can
bring the people together and thus, create a revolution. This in turn can cause political instability e.g. Yellow
movement, Jasmin revolution, Umbrella movement among others.
• We are also witnessing the growth of the “new media phenomena” in India where traditional media (mainly
television) is increasingly relying on social media to feed its 24-hour news cycles and picking content and coverage
led by social media trends, posing multi- dimensional implications for law and order as well as security.
• Hackers write or use ready-made computer programs to attack the target computer. By using Social Media, they
breach the national security and steal important data of defence or other strategic sectors. This can kneel the whole
country without using Arms and Ammunition
• Easy and accessible propaganda platform: ISIS is using this medium for Propaganda propagation which is fueling
competition among Terror Groups on Social Media for the same. It is also alleged that Bangladeshi terrorists were
influenced by 'hate speeches' available online.
• Other implications can be cyberbullying or cybercrime etc. discussed in cyber security section.

Recent Internal Security Crisis engendered by Social Media:

• Mobile and social network interfaces were used to send offensive clips and hate messages that triggered panic and
mass exodus of north east Indians from large parts of India in the aftermath of the ethnic clashes in Assam in 2012.
• In 2013, a morphed video on YouTube was used to fan communal riots in Muzaffarnagar in Uttar Pradesh
• A propaganda video released by ISIS shows alleged Indian Jihadists fighting in Syria and calling for more
Indian recruits to join the cause.
• The Ministry of Home Affairs (MHA) annual report used a picture of the Spain-Morocco border to show Indian
border floodlighting.
• Child kidnapping rumours lead to lynching by a mob in Jharkhand.
• In the recent Karnataka Assembly elections (2018) fake news about rival parties and candidates flooded the media.
• The Supreme Court of India on the reckless media coverage of the 26/11 attacks noted that - “By covering the
attack live, the Indian TV channels were not serving any national interest or social cause. On the contrary, they were
acting in their own commercial interests, putting national security in jeopardy.

Other issues with using social media:

• Legal challenges such as Internet traffic monitoring and privacy Concerns, fears of censorship and threat to freedom
of speech and expression.

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 • Accountability issues - Challenges with respect to fixing the liability of intermediaries. Jurisdictional
challenges - Complications in jurisdiction as Facebook etc. operate as subsidiaries of foreign internet companies
with their servers located outside India.
• Anonymity - Police officers have expressed concern over multiplicity of fake profiles

Challenges for adapting social media into Policing:

• Lack of clarity on how to use the technology
• Absence of adequate internet infrastructure
• Lack of immediate availability of talent,
• Shortage of personnel and soft skills required to deal with a medium like social media at local levels
• Multiplicity of languages in India require further customization of technology which, in turn, requires investment,
both human and capital as well as redrawing of budget plans.
Use of social media in Policing:
• Delhi Traffic Police using platforms like Facebook and Twitter to ease handling of traffic related issues, Delhi
police online FIR facility for lost articles,
• Indore police using the medium to track criminal activity
• Bengaluru police twitter handle selected for “Twitter Samvad”.
• Social Media Labs Project by Maharashtra Police tracks activity on social media to anticipate and handle sudden
flare ups.
• Extensive use of twitter in recent Kerala floods (2018)

Legal provisions:
• The IT act of 2002 (amended in 2008) section 69 and 69A provides the Government with power to issue
directions for interception/monitoring of any information through any computer resource and block it, in interest of
sovereignty or integrity of India.
• Relevant sections of IPC and CrPc are also applicable other laws dealing with cyberspace is discussed in chapter
of cyber security.

Measures to deal with security implications:

• Centralized monitoring system: Complete 24*7 monitoring systems can take better timely action over the viral
post and can prevent unnecessary panic among the people.
• Intelligence and information gathering: Better data collection can lead to better policy formulation and upgraded
intelligence mechanisms can be used to prevent the chaos in the general public.
• National social media policy: After seeing the various fronts of social media our country needs this policy to make
these social networking sites more responsible and overall good towards society.

Overall, the government along with NGOs and civil society and literacy try to establish a balance between the
negatives and positives of social media.

• Recently, the Tamil Nadu Government told the Supreme Court that social media profiles of users
should be linked with their Aadhaar numbers
• The Tamil Nadu government is seeking Aadhaar-social media linking after two PILs were filed in the
Madras HC for authentication of identity. But, the Madras High Court dismissed the original plea to
link Aadhaar to social media accounts as it violated the Supreme Court's judgment on Aadhaar.
• The Supreme Court has highlighted that there is a need to find a balance between the right to online
privacy and the right of the state to trace the origins of hateful messages and fake news.

Need for regulation of Social Media

• Exponential increase- in social media profiles on the platforms such as Whatsapp, Facebook etc.
• Quick spread of information- If some event happens in one part of the world, its information or disinformation
can be spread in minutes, which can create chaos or panic.

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• Disparity of information available- Owing to the limited knowledge about the source of news and fact check
mechanisms.
• To curb illegal activities- such as spread of fake news, pornographic and anti-national content, among other things.
• Ensure violence does not take place- such as against religious and ethnic groups. E.g. Muzaffarnagar riots.

Arguments against regulation:

• Unconstitutional Move- as it is against the Right to Privacy interpreted by the court under the Constitution and
also against the spirit of the Supreme Court’s Putt swamy privacy judgment. It can violate the individual's
fundamental rights, dignity and personal information.
• Could lead to commercial use of Aadhaar- as it would result in users' messages and posts being traceable, which
can be used to target profiles by different stakeholders.
• Data Collection will increase as Aadhaar is tied across databases including driving licence and vehicular
registration, PAN, social security benefits etc. When this information is collated with Aadhaar, it can lead to a 360-
degree profile of an individual. This can be misused or tracked by various companies and applications.
• Will disempower some sections- which have been empowered by the anonymity of social media such as- Women-
have used anonymity to correct systemic and historic sexual harassment through the MeToo movement.
• Caste Groups- have used it to highlight how certain institutions, particularly those that offer education and health
services, have discriminated against them. Prone to misuse- the experts believe this could also allow the
government to use social media platforms as surveillance tools.
• Wrong to link some issues with social media- e.g. Fake news is not an invention of digital age, rather has been
present since long. These issues have not much to do with these platforms themselves.

Social Media and Deepening of Democracy:

• Aiding C-Governance: Social media has led to the
emergence of citizen-led governance (C–
governance) in India. Social media platforms help to
create awareness from one another to a million and be
united for any social cause. In the process, the existence
of social media can nudge citizens to seek solutions.
Social media is gradually being accepted as the fifth
estate of democracy.
• Democratization of Expression: Social media has
made Indian politics more inclusive by allowing citizens,
who were traditionally excluded from politics due to
geography and demography, to gain direct entry into the
political process.
• Instrument for Bringing Behavioural Change: Use of
social media for policy crowdsourcing and publicity is
evident in the success of pan-India campaigns such
as Swachh Bharat Abhiyan and the recently-
launched Fit India Movement.
• Making political communication people-centric: Social media has been increasingly used by Indian political
actors for routine political communication between elections to provide unmediated and direct communication to
connect citizenry.

Detrimental effects of Social Media on Democracy:

• Widening Social Fault Lines: Social media has enabled a style of populist politics, which on the negative side
allows hate speech and extreme speech to thrive in digital spaces that are unregulated, particularly in regional
languages.
• Formation of Information Cocoons: Social Media, due to its technological capacity has enabled self-sorting and
personalization of information one perceives. This leads to the phenomenon of group polarization. This is not in
sync with the ethos of democracy which is based on Debate, Dissent And Discussion.

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 • Menace of Fake News: The rise of polarizing and divisive content has been a defining moment of modern politics,
which is fed by fake news propagation through social media channels.
• Cyberbullying or Trolling: Another dangerous element is the labelling and trolling of more rational voices or those
who disagreed with the government’s actions or dominant public discourse as “anti-national.”

Previous Years UPSC Questions:

1. What are social networking sites and what security implications do these sites present? (2013)
2. “The diverse nature of India as a multi-religious and multi-ethnic society is not immune to the impact of radicalism
which is seen in her neighborhood? Discuss along with strategies to be adopted to counter this environment. (2014)
3. Religious indoctrination via social media has resulted in Indian youth joining the ISIS. What is ISIS and its mission?
How can ISIS be dangerous to the internal security of our country? (2015) 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. (2016)
4. 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. (2017)

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 CH-12 MONEY LAUNDERING

Introduction:
• Money laundering is the process by which large amount of illegally obtained money, from drug trafficking,
terrorist activity or other serious crimes, is given the appearance of having originated from the legitimate source.
It allows the criminals to maintain control over their proceeds.
• The process by which large amount of dirty money (i.e. money obtained from serious crime- drug trafficking,
terrorist activity made to look clean money (i.e. legitimate) is known as money laundering.
• Money laundering is an organised crime which is a prime source for funding terrorism.

Dirty (Illicit) Money Process of Money Laundering Clean Money (i.e. Legitimate)

Money Laundering:
• According to INTERPOL, Money laundering is concealing or disguising the identity of illegally obtained
proceeds so that they appear to have originated from legitimate sources.
• It is frequently a component of other, much more serious, crimes such as drug trafficking, robbery or
extortion.
• Some of the common methods of money laundering are Bulk Cash Smuggling, Shell companies and trusts,
Round-tripping, Hawala, False invoicing etc.
• The advent of cryptocurrency, such as bitcoins, has exacerbated this phenomenon.
• Money laundering is an issue that has gained increasing significance following the events of 9/11. It has recognised
it as a source of the funding of terrorist activities. The spread of international banks all over the world has
facilitated the transmission and the disguising of the origin of funds.

Understanding the process of money laundering:

• Money is also laundered using the method of Round Tripping – the black money is transferred to the tax-heaven
countries from India. Then a company from that country will send that money back to India in form of ‘foreign
investment’. Best example of this is Mauritius, Singapore among others.

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 Money-Laundering involves three steps:
1. Placement puts the "dirty money" into the legitimate financial system.
2. Layering conceals the source of the money through a series of transactions and bookkeeping tricks.
3. In the case of integration, the now-laundered money is withdrawn from the legitimate account to be used for
criminal activities.

Source of
money
Placement Layering Integration

Various forms of Money Laundering:

Structuring
Bulk Cash Cash intensive Trade based
also called as Gambling
Smuggling Businesses Laundering
Smurfing

Shell Transaction
Tax amnesties Round tripping Black salaries
companies laundering

Hawala and Money-Laundering:

• The word "Hawala" means trust. Hawala is a system of transferring money and property in a parallel arrangement
avoiding the traditional banking system. It is a simple way of money laundering and is banned in India.
• Hawala works by transferring money without actually moving it.
• In a hawala transaction, no physical movement of cash is there.
• It is an alternative or parallel remittance system, which works outside the circle of banks and formal financial
systems.

Reason why people prefer Hawala:

• The commission rates for transferring money through hawala are quite low.
• No requirement of any id proof and disclosure of source of income is there.
• It has emerged as a reliable & efficient system of remittance.
• As there is no physical movement of cash, hawala operators provide better
• Exchange rates as compared to the official exchange rates.
• It is a simple and hassle-free process when compared to the extensive
• Documentation being done by the banks.
• It is the only way to transfer unaccounted income
• This network is being used extensively across the globe to circulate black money and to provide funds for
terrorism, drug trafficking and other illegal activities.

Various Techniques Used for Money Laundering:

• Structuring Deposits: This is a method of placement whereby cash is broken into smaller deposits of money which
is then exchanged by many individuals (known as “smurfs”) to avoid anti-money laundering reporting
requirements. This is also known as smurfing because many individuals (the “smurfs”) are involved.

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• Shell companies: These are companies without active business operations. They take in dirty money as "payment"
for supposed goods or services but actually provide no goods or services; they simply create the appearance of
legitimate transactions through fake invoices and balance sheets.
• Third-Party Cheques: Counter cheques or banker’s drafts drawn on different institutions are utilized and cleared
via various third-party accounts. Since these are negotiable in many countries, the nexus with the source money is
difficult to establish.
• Bulk cash smuggling: This involves physically smuggling cash to another jurisdiction and depositing it in a
financial institution, such as an offshore bank, with greater bank secrecy or less rigorous money laundering
enforcement.
• Credit Cards: Clearing credit and charge card balances at the counters of different banks. Such cards have a number
of uses and can be used across international borders. For example, to purchase assets, for payment of services or
goods received or in a global network of cash-dispensing machines

Status of Hawala in India

• Hawala is illegal in India, as it is seen to be a form of money laundering.
• As hawala transactions are not routed through banks, the government agencies and the RBI cannot
regulate them

Cryptocurrency: The New Hawala

• Cryptocurrency like Bitcoin provides absolute anonymity and facilitates terror financing which was evident in the
2015 Paris terrorist attack.
• The Financial Action Task Force in Paris reported in 2015 that some terrorist websites encouraged sympathisers to
donate in bitcoins.
• After, demonetisation action by the Government of India in 2016, there was noticed a flood of such digital
transactions.
• This new Hawala has a potential to become an easy way to provide funds for terrorists and other illegal activities.
• So, there is a need to have proper regulation over bitcoin in the interest of the economy and the security of the
country.

Impact and Effects Of Money Laundering:

According to studies conducted by the International Monetary Fund, it was estimated that the quantum
of money laundered is approximately 2 to 5 percent of GDP of the world.

Effects Of Money
Laundering

Social Effects Economic Effects Political Impact

• Money laundered successfully will boost more criminal activity in the country.
• More fraud activities and more youth can get attracted due to higher returns.

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 • Declines the moral and social position of the society by exposing it to activities
such as drug trafficking, smuggling, corruption and other criminal activities.
• Social balance of society may suffer because of ease of availability of drugs in
Social Effects: the market.
• Damage to reputation of financial institutions and market and Weakens the
“democratic institutions” of the society.
• Transfers the economic power from the right people to the wrong
• Increased unemployment as legitimate business companies fail to compete with
operators operating through illegal money.
• Loss of revenue to the government due which social services suffers.
• Unpredictability of economy increasing due to pumping of illegal money.
• Threaten the stability of economy
• Destabilises economy of the country causing financial crisis
• Policy distortion occurs because of measurement error and misallocation of
Economic Effects: resources
• Discourages foreign investors
• Encourages tax evasion culture
• Results in exchange and interest rates volatility
Micro Macro • Contaminates legal transaction.
• Money laundering decreases the tax funds available for collection in the economy
and by implication government's revenues
• Committing crime of money laundering transfers of economic power from the
right people to the wrong. The good citizens and the government are dispossessed
from their right, making the criminals take the benefit to flourish in their
criminality.
• Organised crime at local level can flourish.
• It also leads to higher cost of doing business.
• Affects the Government’s capability to spend on development schemes
thereby affecting a large section of populations who could have benefitted from
such spending.
Political Impact: • Policy distortion occurs because of measurement error and misallocation of
resources.
• Legislative bodies find it difficult to quantify the negative economic effects of
money laundering on economic development and its linkages with other crimes –
trafficking, terrorism etc.

Trade-Based Money Laundering (TBML):

• Trade Based Money Laundering (TBML) is the processes of transferring money through trade transactions this is
achieved through misrepresentation of the price, quantity or quality of import or export.
Techniques of TBML:
• Over-invoicing and under-invoicing of goods and services
• Multiple-invoicing of goods and services
• Over-shipment and under-shipment of goods and services
• Wrong information about goods and services.

Challenges in tackling Money Laundering:

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• Predicate-offence-oriented law: This means a case under the Act depends on the fate of cases pursued by primary
agencies only such as the CBI, the Income Tax Department or the police. (Predicate offence- any offence that is
component of more serious offence)
• Growth of Technology: The enforcement agencies are not able to match up with the speed of growing technologies.
• Non-fulfilment of the purpose of KYC Norms: KYC norms does not cease or abstain from the problem of Hawala
transactions as RBI cannot regulate them. Also, the increasing competition in the market is forcing the Banks to
lower their guards and thus facilitating the money launderers to make illicit use of it in furtherance of their crime.
• Widespread act of smuggling: there are a number of black-market channels in India for the purpose of selling
goods offering many imported consumers goods such as food items, electronics etc. which are routinely sold.
• Lack of comprehensive enforcement agencies: Separate wings of law enforcement agencies dealing with money
laundering, cyber-crimes, terrorist crimes, economic offences etc lack convergence among themselves
• Tax Heaven Countries: They have long been associated with money laundering because their financial secrecy
laws allow the creation of anonymous accounts while prohibiting the disclosure of financial information.

P-notes and money laundering:

• Participatory Notes (P-Notes) are instruments used by foreign investors not registered with the SEBI to invest
in Indian securities. They are issued overseas against underlying Indian securities (like shares).
• P-Notes hides the identity of the investor. According to the ‘White Paper’ on black money (2012) prepared by
the central government, a considerable portion of PNs are used by wealthy individuals who uses it as a mechanism
to channelize black money kept in foreign countries to India. The Special Investigation Team (SIT) on black
money also recommended the phasing out of P-Notes.
• In addition, SEBI has no jurisdiction over P-note trading. Although FIIs must register with SEBI, the P-notes trading
among FIIs are not registered, leading to concern that P-notes are being used for money laundering.

Framework for prevention of money laundering:

Framework For
Prevention Of Money
Laundering:

Statutory framework Institutional framework International coordination

Statutory framework:
• The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA)
• The Smugglers and Foreign Exchange Manipulators Act, 1976 (SAFEMA)
• FEMA act 1973
• Prevention of Money Laundering (Amendment) Act (PMLA) 2012:

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 o Bill has introduced the concept of corresponding law to link the provisions of Indian law with the laws of
foreign countries.
o It also adds the concept of reporting entity which
would include a banking company, financial
institution, intermediary or a person carrying on a
designated business or profession.
o The Prevention of Money Laundering Act, 2002 levied
a fine up to Rs. 5 lakh. The amendment act has
removed this upper limit.
o The act has provided for provisional attachment and
confiscation of property of any person (for a period
not exceeding 180 days). This power may be exercised
by the authority if it has reason to believe that the
offence of money laundering has taken place.
o The bill expands the definition of offence under money laundering to include activities like concealment,
acquisition, possession and use of proceeds of crime.
• PMLA, 2018:
o Amendment in definition of “proceeds of crime”: It now allows the ED to proceed against assets of equivalent
value located even outside the country.
o Bail provisions: It also makes the applicability of bail conditions uniform to all the offences under PMLA. The
proposal comes after the Supreme Court recently struck down the previous stringent provisions.
o Corporate frauds: Corporate frauds is being included as scheduled offence under PMLA, so that Registrar of
Companies can report such cases for action by Enforcement Directorate for money laundering probe.
o Details sharing: The amendment also makes it mandatory for the ED to share relevant details with other
agencies.
o Restoration of property: The amendment allows special court to restore confiscated assets to the rightful
claimants even during the trial. Earlier, the assets could be restored only after completion of the trial.

Institutional framework:
• Enforcement Directorate for investigation and prosecution of cases under the PML. The Directorate is under the
administrative control of Department of Revenue for operational purposes
• Financial Intelligence Unit – India (FIU- IND) for receiving, processing, analysing and disseminating information
relating to suspect financial transactions as well as for coordinating and strengthening efforts of national and
international intelligence, investigation and enforcement agencies against money laundering. FIU-IND is an
independent body reporting directly to the Economic Intelligence Council (EIC) headed by the Finance Minister.
• Various agencies were created- Financial intelligence Unit, Combating financing of terrorism cell, Terror funding
and fake currency cell.

United Nations Global Programme Against Money Laundering (GPML)

GPML was established in 1997 with a view to increase effectiveness of international action again money
laundering through comprehensive technical cooperation services offered to Governments. The
programme encompasses following 3 areas of activities, providing various means to states and institutions
in their efforts to effectively combat money laundering. Three further Conventions have been adopted for
Money Laundering related crimes:
1. International Convention for the Suppression of the Financing of Terrorism(1999)
2. UN Convention against Transnational Organized Crime (2000)
3. UN Convention against Corruption (2003)

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International coordination:
Since money laundering is an international phenomenon, transnational co-operation is of critical importance in the fight
against this menace.
• FATF: FATF is an intergovernmental body established by the G7 summit in Paris in 1989 and responsible for
setting global standards on anti-money laundering and combating financing of terrorism. Blacklisting of countries
by FATF.
• OECD: Automatic Exchange of Financial Information by many countries as part of the OECD initiative.
• BEPS: Base Erosion and Profit Shifting (BEPS) initiative, under which the countries have agreed to take
necessary measures.
• UN convention against illicit traffic: It combats drug trafficking organizations by emphasising attacking the
goal of all organised crime, and also its weakest point namely money itself.
• UN convention against organised crime: It is designed to combat the phenomenon of transnational organised
crime.
• Vienna convention It was the first major initiative in the prevention of money laundering held in December
1988.This convention laid down the groundwork for efforts to combat money laundering by obliging the
member states to criminalize the laundering of money from drug trafficking.
• The Council of Europe Convention-This convention held in 1990 establishes a common policy on money
laundering to facilitate international cooperation
• The Egmont Group Of Financial Intelligence Units is an informal network of national financial intelligence unit.
• Asia Pacific group: It works with countries in the Asia-Pacific to generate wide regional commitment to implement
anti-money laundering policies and initiatives and secure agreement to establish a more permanent regional anti-
money laundering body.
• Basel Committee on Banking Regulations and Supervisory Practices issued a statement of principles which
aims at encouraging the banking sector to adopt common position in order to ensure that banks are not used to hide
or launder funds acquired through criminal activities.
• India is also signatory to the International Convention for Suppression of Financing of Terrorism (1999); the
United Nation Convention against Transnational Organised Crime (2000); and United Nation Convention
against Corruption (2003).

What can be done:

• Enlist common predicate offences: to solve the problem internationally particularly keeping in mind the trans-
national character of the offence of money laundering.
• Awareness and education: To infuse a sense of watchfulness towards the instances of money laundering which
would also help in better law enforcement as it would be subject to public examination
• Proper Coordination between centre and States: The more decentralised the law would be the better reach it will
have.
• Law in every country: The key to making an impact in money laundering is to get all of the countries of the world
to enact and enforce the same laws dealing with money laundering so the criminals have nowhere to go.
• Special cell dealing with money laundering activities: It should be created on the lines of Economic Intelligence
Council (EIC) exclusively dealing with research and development of anti-money laundering. This Special Cell
should have link with INTERPOL and other international organizations dealing with money laundering. All key
stakeholders, like, RBI, SEBI etc. should be a part of this.
• There is a requirement to have a convergence of different enforcement agencies, sharing of information is
necessary.

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 • Laws in line with conventions: Countries should criminalise money laundering on the basis of the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (the Vienna Convention)
and the United Nations Convention against Transnational Organized Crime, 2000

Treating Money laundering as a separate offense:

• Central government is considering a proposal to make money laundering a separate criminal offence to be
investigated by the Enforcement Directorate, irrespective of a probe by other agencies
• Money laundering can be regarded as a multiplier of criminal activities as it gives economic power to criminals
• The current arrangements in India leave the fate of money laundering cases on probes and prosecution by multiple
agencies because the definition of “proceeds of crime” is dependent on predicate offences listed under schedule
of PMLA act.
• Thus, fighting money laundering without fighting organized crime is a waste of time and efforts.
• Money laundering as a separate offence begins where the intention to conceal the illicit money ends and it needs to
be treated separate offence to break the link between money laundering and organized crime and speed up
investigations

Significance of treating as separate offence:

• Financial Action Task force (FATF) in its review in 2010 and India’s Special Investigation Team (SIT) on
black money had also recommended the same as this will facilitate quick action against those indulging in money
laundering.
• Further it will bring India’s law in line with foreign practices such as U.K where money laundering is treated
as a stand-alone crime and based on circumstantial evidence, they have to just establish that the proceeds had a
criminal origin, rather than waiting for the outcomes of various other probes.

Reason for emergence of FATF as effective body:

• It follows a consensus-based model of decision making with no overriding voting rights to any of its members.
Thus, countries cannot prevent blocking of finance as in UN
• It has adopted a policy of “naming and shaming “with focus on correction. The country can be placed on a list and
then removed thereafter seeing the progress made to implement the guidelines. It ensures an improvement in
countering terror funding & money-laundering.
• The basis of listing countries by the FATF is on the basis of their compliance with transparent guidelines and
their effective implementation.
• Its actions are based more on technical parameters formed after objective and professional analysis and less on
geopolitical considerations.
• It gains credibility by its ability to hurt a country’s economic well-being as its indication of a country’s non-
compliance with its guidelines affect its ratings with banks, financial institutions and other countries.
• It scrutinizes not just the laws of a country but also their implementation.

In 2019, The Asia-Pacific Group (APG) on Money Laundering, a regional affiliate of the Financial Action
Task Force (FATF), has placed Pakistan in the "Enhanced Expedited Follow Up List (Blacklist)" for
its failure to meet its standards.

FATF’s key recommendations:

• Identify, assess and take effective action to mitigate their money laundering and terrorist financing risks.
• Countries should have anti-money laundering policy and should designate an authority that is responsible for such
policies.

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• Criminalise on the basis of the Vienna Convention and the Palermo Convention.
• Enable competent authorities to confiscate property and proceeds from money laundering.
• Ensure that financial institution secrecy laws do not inhibit implementation of these measures.
• Prohibit financial institutions from keeping anonymous accounts.
• Require financial institutions to maintain all records on transactions.
• Money transfer services providers should be licensed or registered.
• Identify risks that may arise with development of new technologies.
• Ensure that financial institutions monitor wire transfers.
• Ensure that FIs’ foreign branches and subsidiaries apply these measures.
• Financial Institutions should report suspicious transaction to FIUs.
• Establish financial intelligence unit (FIU).
• Ensure that designated law enforcement authorities have responsibility for money laundering and terrorist financing
investigations.
• Take immediate steps to become party to important global conventions framed to combat money laundering.
• Provide mutual legal assistance in relation to money laundering.
• Effectively execute extradition requests in relation to money laundering and terrorist financing.

Measures to stop fake currency:

• It is necessary to stay ahead of counterfeiters. RBI needs to constantly upgrade both paper based (water mark)
and print based (optical variable ink, see through effect) security features.
• Promote digital transactions and increase digitisation of economy.
• Frequently demonetise higher denomination notes like Rs.500 and Rs.2000.
• Increase cooperation among law enforcement agencies, border security agencies, police, etc.
• External dependence on security paper and ink could be reduced by increasing indigenous production. As most
the paper is imported from EU, it can be asked to keep tight monitoring over currency rated printing in Pakistan.

Suggestions:
• More strict laws related to Anti-money laundering is necessary because money laundering tends to corrupt even
the most professional players in the market.
• There is a need to sensitize the Private Sector about their role in anti-money laundering activities
• Continuous up-gradation and dissemination of information is necessary
• There is a need to build a balance between financial confidentiality and this confidentiality turning to a money-
laundering haven.
• International regimes attempt to monitor or regulate international relations and activities.
• Intergovernmental groups have also taken action against the rising levels of global money laundering.
• Promotion of The Basel committee on Banking regulations and adopted a statement of principles that targeted
money laundering.
• Promotion of The Vienna Convention creates an obligation for signatory states to criminalize the laundering of
money from drug trafficking.
• Promote a regional approach to addressing problems, develop and maintain strategic relationships with other
organizations.

Previous Years UPSC Questions

1. Money laundering poses a serious threat to country’s economic sovereignty. What is its significance for India and
what steps are required to be taken to control this menace? (2013).

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 2. 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? (2018)

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 CH-13 SECURITY CHALLENGES AND THEIR MANAGEMENT
IN BORDER AREAS
• India has a land border of over 15,000 kms, which it shares with seven countries (Pakistan, China, Bangladesh,
Nepal, Myanmar, Bhutan, and Afghanistan).
• Further, it has a coastline of over 7,500 kms. Thus, it becomes important that we develop capabilities to protect our
border areas in varied terrains, with multiple countries with whom we have very different security relationships.
• In Indian case, borders are quite complex and almost every type of extreme geography is present at different borders
viz. deserts, fertile lands, swampy marshes or tropical evergreen jungles. There is cross border smuggling,
problem of drugs, cattle, humans, artefacts, fake Indian currency note (FICN), etc.

Challenges of Border Security:

Borders are the lines which separate the territories of two or more sovereign nations. There are three aspect of border
in international scenario:
1. Land borders
2. Maritime boundaries
3. Airspace
All these three borders are exploited by the enemy to create instability in the country.

Issues Related to Border Management in India:

• Porosity of borders: International borders with
Pakistan and Bangladesh run through diverse terrain
including deserts, marshes, plains and mountains.
This porosity of borders facilitates various illegal
activities such as smuggling, trafficking of humans,
drugs and arms and infiltration.
• Contested International borders: History of mistrust
and constant border skirmishes with Pakistan along line
of control (LOC) makes India highly susceptible to
cross-border terrorism. Similarly, India’s border with
Myanmar is threatened by several insurgent groups
that have found sanctuaries in jungles along the border.
Political boundary issues of “enclaves and adverse
possessions” in Bangladesh have resulted in political
sensitivity along the entire eastern border.
• Inefficiency in Border management: Indian borders
continue to be guarded by military and police forces that
report to different ministries in the Centre and states,
making the border management task arduous and leading
to duplication of efforts by the security forces.
• Lack of critical infrastructure: Critical infrastructure
such as observation towers, bunkers, Border Flood
Lights etc. are lacking in many border areas which also
prevent deployment of hi-tech equipment.
• Poor intelligence and resource efficiency: Security forces are ill-equipped to handle border management given
poor intelligence capabilities and severe resource deficiency.
• Ethnic conflicts and separatist movements: The situation has worsened due to the changed demographic profile
of many Border States and shift in ethnic balance of communities as a result of illegal migration.
• Over-population in the border areas: Density of population in the border areas at some places is approximately
700-800 persons per square km on the Indian side and about 1,000 persons on the Bangladesh side.

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 • Political instability and disorder in its periphery impacts India’s security directly or indirectly. Proxy war between
India and Pakistan adds to this security risk.

India’s Land Boundaries Scenario:

• Bangladesh (4,096 km).
• China (3,488 km).
• Pakistan (3,323 km).
• Nepal (1,751 Km).
• Myanmar (1,643 Km).
• Bhutan (699 Km)
• Afghanistan (106 Km)

India-Pakistan Border:
• This segment of border is mainly divided into three different parts:
1. Radcliff line from Gujarat to parts of Jammu district in Jammu and
Kashmir (length of 2308).
2. Line of Control (LOC) runs along the district of Jammu and some
portion of Leh.
3. Actual Ground Position Line (AGPL) from NJ 9842 to Indira col.
• This is spread across extreme climatic conditions given that the boundary
runs from the hot Thar Desert in Rajasthan to the cold Himalayas in Jammu
and Kashmir.
• The last two segment of border (LOC and AGPL) are the zone of tension
between the forces of two countries. Along with the vulnerability of
infiltration by terrorists from other side of border takes place in the region
of LOC.
• The India-Pakistan border does not follow the geographical barrier so it
runs through different climatic condition such as from desert, marshes, plains
and by the peak of lofty mountain ranges these conditions along the border area has made border very porous in
nature which has facilitated the various illegal activity in the region like:
➢ Trafficking of drugs (proximity to golden crescent) and arms.
➢ Infiltration.
➢ Fake Indian Currency Notes (FICN)
➢ Activities of money laundering are also rampant in this border zone.
➢ Presence of Hawala networks.
➢ Safe havens for terrorists and secessionist elements.
➢ Indus River water sharing issue
• Along with these illegal activities, the propaganda front which is used by Pakistan to erode the trust of people
living in border areas towards the Indian government.
• Increased instability in the region of Jammu and Kashmir due to money and material support from Pakistan gave
rise to the secessionist militants in the border region.

Challenges along Indo-Pak Border:

• Border dispute at Sir Creek and Kashmir.
• River water sharing issue at Indus river.
• Infiltration and Cross-border terrorism. targeted to destabilize India. Recently BSF detected a fifth (since 2012)
cross- border tunnel in the forest area of Jammu.
• Diverse terrain including desert, marshes, snow-capped mountain and plains makes border guarding difficult.
• Time & cost overruns in infrastructure projects due to unforeseen. circumstances& natural calamities.
• Other issues include drug smuggling, fake currency, arms trafficking.

Recent government initiatives:

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• Following Pathankot terrorist attack, MHA sanctioned implementation Comprehensive Management System
(CIBMS) to establish an integrated security system at borders providing all round security even in adverse climatic
conditions.
• The Centre has decided to deploy Indian special forces unit National Security Guard (NSG) fortify counter terror
operations by Commandos in J&K to training J&K police and other paramilitary forces in room intervention, anti-
terror skills, overseeing anti-hijack operations etc.

Indo-China Border:
• India and China share a 3,500 km long boundary. Unfortunately, the entire boundary is disputed. The line, which
delineates the boundary between the two countries, is popularly called the McMahon line, after its author Sir Henry
McMahon.
• India and china border can be divided into three parts i.e. western sector, central sector and eastern sector. The
line which separates the India and China is McMahon line however china recognizes McMahon line as illegal.
• Present demarcation is informal cease-fire line between the India and China after the 1962 conflict until 1993,
when officially recognized as ‘line of Actual control’ in a bilateral agreement between Indian and china.

Tension over the areas:

• Region of Aksai chin is claimed by India and occupied by china and some Indian
territory which is seceded by Pakistan to china in Kashmir.
• Claim of china over the region of Arunachal Pradesh (under its cartographic
aggression)
• Main conflict between India and china will be the issue of eastern sector of
Arunachal Pradesh.
• The attempt by the People’s Liberation Army (PLA) to escalate tension in the
tri junction of the India-China Middle Sector of the boundary at Doklam is a
new development.
• China’s renewed aggression in Ladakh where both sides lost army personnel.
China also raised objection over changed status of Ladakh as union territory.
• Large scale smuggling of Chinese electronic and other consumer goods.
• Inadequate infrastructure due to difficult terrain.
• Multiple forces along Indian border (for example, ITBP, Assam rifles, Special frontier force) as opposed to single
PLA commander on Chinese side.
• Water sharing issue as China is building dams on its side reducing water flows on our side.

Recent Government Initiatives:

• Creating infrastructure: India is also constructing some critical bridges to cut down time for troop movement such
as Dhola - Sadiya bridge.
• India has joined hands with Japan to aggressively develop infrastructure projects in North east to contain China.
• Army infrastructure projects within 100 Km of LAC have been exempted from forest clearance.
• To expedite border road construction, Ministry of Defence has decided to delegate administrative and financial
powers to the Border Roads Organisation (BRO).
• Creation of Chief of Defence staff (CDS).

India and Bangladesh Border:

• Basis of border is ‘Bengal Boundary commission’. This boundary does
not follow the natural barrier which is associated with river valley and
meandering rivers make this border extremely porous and with many
disputed pockets.

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 • India and Bangladesh share 4096.7 km. of the border, which is the longest land boundary that India shares with
any of its neighbors. It shares the borders with the Indian states of Assam, West Bengal, Tripura, Meghalaya,
and Mizoram.
• There exist also such areas which are Undermarketed stretches and also existence of enclaves (Chhitmohols) are
source of constant conflict.

Mains challenges between India and Bangladesh border:

• Illegal migration - Since the 1971 war of independence that created the state of Bangladesh, millions of Bangladeshi
immigrants (the vast majority of them illegal) have poured into India.
• Rohingya crisis (religious persecution) has also added to it as 40,000 Rohingya refugees were estimated in India in
2017.
• Inadequate border fencing due to issues such as riverine areas, protests by residing population, pending land
acquisition etc.
• Trafficking of Narcotics and goods - like jamdani sarees, rice salt etc. as well as cattle smuggling.
• Cattle and Arms Smuggling – It's a big unique problem with this border. It is said that if India restricts this supply
then it can starve Bangladeshis of food. Cattle from as far as Haryana, UP, Bihar is taken to borders for grazing and
then smuggled to Bangladesh. Bangladesh also imposes custom duty on these imports.
• Threat from Bangladesh assumes serious dimensions since it became a base for northeast insurgent groups like
ULFA and Naga factions.
• Due poverty and porous border nefarious activities along the border are flourishing.
• Various river sharing dispute between India and Bangladesh – Feni River, Teesta river, construction of Dam by
India on Barak river.
• Fake Indian Currency Notes
• Organized crime.

Recent Government Initiatives:

• India Bangladesh Land Boundary Agreement, 2015.
• Government has announced the establishment of Border Protection Grid (BPG) with Indo- Bangladesh Border
States.
• A crime-free stretch has been established between the BSF border posts at Gunarmath and Kalyani and the BGB
(Border Guards Bangladesh) border posts at Putkhali and Daulatpur.
• Installation of Border surveillance devices such as closed-circuit cameras, search- lights, thermal imaging devices
and drones to keep a tight vigil.
• The BSF and BGB have also been raising awareness among the locals regarding crime prevention in the border
area.
• Coordinated Border Management Plan (CBMP) - aims to synergize the efforts of both the Border Guarding
Forces for checking cross border illegal activities and crimes as well as for maintenance of peace and tranquility
along the India-Bangladesh border.

Indo-Nepal Border:
• Himalayan country shares about 1700 Kms border with India across five
Indian States - Uttarakhand, Uttar Pradesh, Bihar, West Bengal and
Sikkim. An estimated 6 million Nepalese live and work in India.
• Indo-Nepal border is governed under Sagauli Treaty 1816.
• India and Nepal have shared an open border since 1950. The conception
of such a border can be found in the Treaty of Peace and Friendship that
the two countries signed that year. Provisions in the treaty, wherein
citizens of both countries are given equal rights in matters of residence,
acquisition of property, employment and movement in each other’s
territory, provide for an open border between the two countries.
• Free movement of people across the border and strong people to people
tie-up. This base of this good relationship is due friendship treaty of 1950.

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• Open border has been a great facilitator of strong and unique bilateral relations. At the same time, it has given
rise to many irritants and problems that raise serious concerns. Allegations of excesses such as intimidation and
forcible grabbing of land by either side along the disputed border also surface from time to time.
• There are dispute over the some areas due to shifting course of Himalayan river i.e. Kalapani and Susta disputes.
• Many terrorist organisations and Naxalites have fully exploited open borders with Nepal.
• Open border with Nepal facilitated movement of terrorists and insurgents which created instability in the country
fueling the separatist movement in Kashmir and insurgency problem in north-east.
• Many criminals from both sides escape the countries.
• ISI and other terrorist’s organizations are using Nepal as a transit route and operate from the soil of Nepal.

Recent Government Initiatives:

• Establishment of a new intelligence section in SSB at Indo-Nepal and Indo- Bhutan border to ensure better
operational efficiency.
• Establishment of Border District Coordination Committee at the level of district officials of the two countries
to discuss issues of mutual concern.
• The Government of India has approved construction of 1377 km of roads along Nepal border.
• Development aid to Nepal to prevent human trafficking owing to lack of employment opportunities there
• 200 bed Nepal Bharat Maitri Emergency and Trauma Centre in Kathmandu.

Indo-Myanmar Border:
• Myanmar shares a long land border of over 1600 Km with India as well as
a maritime boundary in the Bay of Bengal.
• Four North-Eastern States viz. Arunachal-
Pradesh, Nagaland, Manipur and Mizoram share international boundary
with Myanmar. Both countries share a heritage of religious, linguistic and
ethnic ties.
• There are only few disputed pockets and boundary is properly
demarcated.
• The difficult terrain and presence of dense forest create hurdle in border
guarding.
• The problem of insurgency and inter-tribal conflicts.
• No fencing between the boundary of India and Myanmar provides easy safe
haven in soils of Myanmar.
• Close tie between the tribal groups across the border.
• Free movement Regime: Insurgents are misusing FMR to cross-over to
Myanmar and receive training and acquire arms.
• Drug trafficking due to proximity to golden triangle.
• Weak borders as there is practically no physical barrier along the border either in the form of fences or border
outposts and roads to ensure strict vigil.
• Poor Infrastructural facilities at Moreh and Zokhawatar – the two designated points for normal trade and border
trade.
• As north-eastern India is close to the area of “golden triangle” region trafficking of drugs takes place.
• Smuggling of arms, precious stones and Chinese made items to Indian territories.

Recent government initiatives:

• 13 new Integrated Check Posts (ICPs) to encourage India’s engagement with SAARC countries along with
Thailand and Myanmar. ICP is able to interdict such elements while facilitating legitimate trade and commerce.

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 • Indian government along with the government of Myanmar trying to curb these illegal activities in the north-east.
Deployment of Assam rifles to this border.
• Along with the ongoing peace deal in region and effort of Indian army.

Indo- Bhutan Border:

• India and Bhutan share a about 669 km long boundary. The boundary is demarcated except along the tri-junction
with China. The process of demarcation of the India-Bhutan border started in 1961 and was completed in 2006.
Like with Nepal, India’s boundary with Bhutan is also an open boundary. Whole boundary is demarcated except
the tri-junction with China.
• 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.
• Recently the tri-junction dispute India helped Bhutan to maintain its territorial integrity of Bhutan against Chinese
aggression.

Issues with Bhutan Border:

• Insurgency- Many groups such as Bodo, ULFA etc. sneak into Bhutan for sanctuary
despite their army driving them out.
• Smuggling of goods such as Bhutanese cannabis, liquor and forest products.
• Free movement of people and vehicle leading to issues such as during the
Gorkhaland movement in West Bengal.
• Open border regime with Bhutan.
• Hiding place for insurgent of north-east.
• Event of illegal activities like smuggling also takes place.

Recent government initiatives:

• Bilateral cooperation - A Secretary level bilateral mechanism in the shape of an India- Bhutan Group on Border
Management and Security.
• Cooperation with their army to prevent sanctuary to insurgents in their soil.
• Establishing new border posts in Sikkim along the Bhutan frontier near Doklam.
• The Union environment ministry has given a “general approval” for the diversion of forest land for major
border infrastructure projects along the eastern border with Bhutan, Myanmar and Nepal.

SECURING THE BORDERS:

The MHA comprehensive Integrated Border Management system (CIBMS). Key points of CIBMS are:

• High-tech surveillance devices such as sensors, detectors, cameras, ground-based radar systems, micro-aerostats,
lasers etc to provide whole year and around the clock surveillance.
• Efficient communication network including fibre optics cables and satellite communication.
• A command and control centre to which data will be transmitted for proper analysis.
• CIBMS tries to integrating human resources, weapons and high-tech surveillance though all climatic condition
which is humanly not possible technology will work as eye and ears of armed forces.

Other ways of securing borders can be:

• Providing adequate human resource and equipments to the border forces of countries.
• Building of fences and erecting floodlights.
• Creating the effective number of check post along the border.
• Creating the physical infrastructure for movement of forces and logistics i.e. road

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• Night vision technology to the personnel’s serving in border areas.
• Thermal imaging technique.
• Tower building for effective eye keeping.
• Vital in border security is to curb the sources of finance to these illegal groups.
• The stability of country brings the full utilization of Human resource potential of the country and brings the
economic development and peace and prosperity in the country so, border management is a key issue for whole
round development of country.
General Issues:
• Ideally, border management should be the responsibility of the Ministry of Home Affairs during peacetime.
• However, the active nature of the LoC and the need to maintain troops close to the LAC in a state of readiness for
operations in high altitude areas, have compelled the army to permanently deploy large forces for this task.

G P Bhatnagar has identified the following lacunae:

1. Deployment of multiple forces in the same area of operations;
2. Problem aggravates with lack of coordination and synergy between the security management organizations.
3. Lack of any doctrinal concepts;
4. Security strategies are designed for a ‘fire-fighting’ approach rather than a ‘fire prevention’ or proactive approach;
5. Responses of security forces are based on a strategy of ‘reaction and retaliation’ rather than on holistic response
to a situation,
6. All this result into stress and decision-making problems at the functional level; wastage of energy and efforts.

Recommendations For Better Border Management:

• The principle of ‘Single Point Control’ Or “One-Force-One-Border” principle must be followed if the borders
are to be effectively managed. Divided responsibilities never result in effective control
• The advances in surveillance technology, particularly satellite and aerial imagery, can help to maintain a constant
vigil along the LAC and make it possible to reduce physical deployment as and when modern surveillance assets
can be provided on a regular basis to the formations deployed forward.
• Similarly, the availability of a larger number of helicopter units will enhance the quality of aerial surveillance and
the ability to move troops to quickly occupy defensive positions when it becomes necessary.
• The recent nomination of the Central Reserve Police Force (CRPF) as the national-level counterinsurgency
force should enable the other central para-military forces (CPMFs) like BSF and ITBP to return to their primary
role of better border management.
• It is also recommended that all Para-military forces managing unsettled borders should operate directly under
the control of the army.
• There should be lateral induction from the army to the para-military forces so as to enhance their operational
effectiveness.
• External threats to India’s security are not the only border management issue dealt with at present by the
national security apparatus. In recent past, India’s rate of growth has far outpaced that of most of its neighbours and
this has generated problems like mass migrations into India.

BORDER INFRASTRUCTURE:
• Recently, Government accepted and implemented three important recommendations of Shetkar Committee
relating to border Infrastructure.
• Three recommendations were related to speeding up road construction, leading to socio economic development in
border areas. They were:
1. Outsourcing road construction work beyond optimal capacity of Border Roads Organisation (BRO).
Engineering Procurement Contract (EPC) mode is made mandatory for execution of all works costing more
than Rs 100 crore.

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 2. Introduction of modern construction plants, equipment and machinery by delegating enhanced procurement
powers from Rs 7.5 crore to Rs 100 crore to BRO, for domestic and foreign procurements.
3. Land acquisition and all statutory clearances like forest and environmental clearance are made part of approval
of Detailed Project Report. Work can be awarded only after at least 90% of statutory clearances have been
obtained.

Need for Border Infrastructure:

• Imperative to National security: India’s border is vulnerable to political instability, cultural radicalism and
patronage of terrorism arising from the neighbouring countries.
• Matching Neighbouring countries’ Infrastructure along the border like that of China’s. It laid roads, railway
line, and communication network, including fibre optics along the border.
• For developmental needs and well-being of people living in border areas.
• Tactical and strategic mobility is impeded by lack of Infrastructure resulting in predictability of operations.
• For facilitation of legitimate trade and travel along with supervision to control smuggling, trafficking, crime,
terrorism and illegal migration can increase.

Limitations in Developing Border Infrastructure:

• Poor implementation: In 2017, CAG pointed out that of the 73 roads allotted in border areas, only 22 roads were
completed by March 2016. Similar was the case with 14 strategic railway lines.
• Lack of monitoring resulting in defective construction of roads including faulty design, poor riding conditions,
inadequate drainage facilities etc.
• Multiple authorities managing the border: India has Army, Indo-Tibetan Border Police, Border Security Force
and Assam Rifles for border management, unlike China which has one command for its security forces managing
border, indicating cohesiveness.
• Lack of unity of command: Management becomes slightly inefficient because in some places the Ministry of
Home Affairs (MHA) is responsible and in other places the Ministry of Defence (MoD) is responsible.
• Staff deficiency and lack of modern equipments: BRO is battling staff deficiency, lacks skilled workforce, too
much dependence on local contractors.
• Lack of adequate allocation of funds for infrastructure, even pointed out by army.

Steps Taken in Recent Times:

• Border Area Development Programme (BADP): Main objective of the BADP is to meet the special
developmental needs and well-being of the people living in areas situated near the International Boundary (IB).
• Border Infrastructure and Management (BIM) which includes 60 projects like construction of roads, schools,
primary health centers, helipads, promotion of border tourism etc.
st
• Completion of Indo-China Border roads: Of 61 roads planned in 1 phase, 36 have been constructed.
• Expediting forest clearances: For taking up border infrastructure works, Government accorded General approval
under Forest (Conservation) Act, 1980.
• Creation of National Highways & Infrastructure Development Corporation Limited (NHIDCL): NHIDCL
took over several projects from BRO to address delay in execution.

Role of Technology in addressing Border Management Issues:

• Upgrading existing system: Technology can be integrated with the existing systems to facilitate better detection
and interception by the man behind the machine. At present, border guarding is almost fully dependent on human
surveillance. This makes border management a time-consuming and complex task.
• Checking infiltration: It can be help to detect infiltration via land, underwater, air and tunnels by deploying close
circuit television cameras, thermal imagers and night vision devices etc.
• Facilitate Cross Border Trade: For example: Blockchain technology can help quickly and securely process
transactions, it also makes much easier to identify and trace illegitimate trade.

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• Improved Intelligence inputs and Surveillance: through Remote sensing satellites, radar satellites and satellites
with synthetic aperture radar (SAR) sensors which are capable of providing day and night All terrain and all-weather
inputs.
• Madhukar Gupta Committee on border protection had recommended the Union Government to strengthen
border protection and address vulnerabilities in fencing along the Indo-Pakistan border. This led to
implementation of CIBMS in 2015.

Way Forward:
• Dispute resolution- Government should resolve pending border disputes with the neighbouring countries, as they
later become matters of national-security threat.
• No diversion of security forces- The border-guarding force should not be distracted from its principal task and
deployed for other internal security duties. For e.g.-ITBP, a force specifically trained for India- China border should
not be used in the Naxalite-infested areas.
• Involvement of army – It is felt that the responsibility for unsettled and disputed borders, such as the LoC in J&K
and the LAC on the Indo-Tibetan border, should be that of the Indian Army while the BSF should be responsible
for all settled borders.
• Developing Infrastructure-accelerated development of infrastructure along the border, especially to wean the
border population from illegal activities.

COASTAL SECURITY
• India has a shoreline of 7,516.6 km which includes 5,422 km of coastline
in the mainland and 2,094 km of coastline bordering the islands. There
are nine States viz. Gujarat, Maharashtra, Goa, Karnataka, Kerala, Tamil
Nadu, Andhra Pradesh, Odisha and West Bengal and four Union
Territories viz. Daman & Diu, Lakshadweep, Puducherry and Andaman
& Nicobar Islands situated on the coast.
• India’s long coast line offerings a variety of security concerns that
include landing of arms and explosives at isolated spots on the coast,
infiltration/ ex-filtration of anti-national elements, use of the sea and
off shore islands for criminal activities, smuggling of consumer and
intermediate goods through sea routes etc.
• Several cases of the smuggling of goods, gold, narcotics, explosives, arms and ammunition as well as the
infiltration of terrorists into the country through these coasts have been reported over the years.
• The smuggling of explosives through the Raigad coast in Maharashtra and their use in the 1993 serial blasts in
Mumbai, and the infiltration of the ten Pakistani terrorists through the sea route who carried out the multiple
coordinated attacks in Mumbai on November 26, 2008.

Factors for vulnerability:

• India’s coasts are characterised by a various range of topography such as creeks, small bays, back waters, rivulets,
lagoons, estuaries, swamps, mudflats, as well as hills, rocky outcrops, sandbars, beaches and small islands (inhabited
as well as uninhabited).
• The physical closeness of India’s coasts to politically volatile, economically depressed and unfriendly countries
such as Sri Lanka, Bangladesh, Pakistan and Gulf countries adds to its susceptibility.
• Unsettled maritime boundaries not only pose grave security challenges but also hinder offshore development.
• India’s maritime boundaries with Pakistan and Bangladesh are not delineated because of overlapping claims.

Maritime Security & Threats:

• India faces a number of threats and challenges that created from the sea and which are mainly sub conventional
in nature. These threats are:
1. Maritime terrorism;

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 2. Piracy and armed robbery;
3. Smuggling and trafficking;
4. Infiltration, illegal migration and refugee influx;
5. The straying of fishermen beyond the maritime boundary

Maritime Terrorism:
• Maritime terrorism is defined as ‘…the undertaking of terrorist acts and actions within the maritime environment,
using or against vessels or fixed platforms at sea or in port, or against any one of their passengers or personnel,
against coastal facilities or settlements, including tourist resorts, port areas and port towns or cities’.
• Sea based terrorism is not a new marvel. Nevertheless, according to a RAND terrorism database, sea borne attacks
have constituted only two per cent of all international terrorist related events over the last 30 years.

Piracy and Armed Robbery:

• Piracy and armed robbery pose a major threat to sea navigation. Piracy by definition takes place on the high seas
and, therefore, does not fall under the ambit of coastal security. However, in the case of India, the shallow waters
of the Sundarbans have been witnessing ‘acts of violence and detention’ by gangs of criminals that are akin to
piracy
• Indian coasts have been vulnerable to smuggling. Gold, electronic goods, narcotics and arms have been smuggled
through the sea for a long time.
• The Gujarat-Maharashtra coast has always been susceptible to smuggling. Physical nearness to the Gulf countries
as well as Pakistan, a highly indented shoreline, a well-established criminal network, etc. have favoured wide scale
smuggling through these coasts.

Infiltration, Illegal Migration and the Refugee Influx:

• India’s land boundaries have always been permeable to infiltration by terrorists/militants and large-scale unlawful
migration. These large-scale influxes over the decades have resulted in widespread political turmoil in the Border
States.

Straying of Fishermen beyond the Maritime Boundary

• The frequent straying of fishermen into neighbouring country waters has not only jeopardised the safety of the
fishermen but has also raised national security concerns.
• There is a general notion that since some of the maritime boundaries of India are disputed and therefore not clearly
demarcated, fisher men inadvertently cross into the waters of neighbouring countries. In reality, however, it has
been observed that the fishermen are aware of the maritime boundary but knowingly trespass into the neighbour’s
territorial waters for a good catch
• Trespassing by Indian fisher men in Sri Lankan waters also takes place regularly.

Various Issues Regarding Coastal Security In India

• Lack of a cooperative mechanism- Many agencies like Navy, Coast Guard, Marine Police and other authorities
are tasked with coastal security. Hence the information sharing and coordination is a main problem.
• Multiplicity of authority- Bureaucratic power struggle has led to multiplicity of authorities from the union, the
states as well as private actors. It leads to delay in decision making while security threats require quick decisions.
• Lack of effective surveillance mechanisms- The government has installed the coastal radar systems, sensors and
electronic surveillance systems to secure the coastal areas. Still we are incapable to use technology innovatively in
coastal security.
• Unavailability of necessary infrastructure- The marine police stations are not working effectively due to shortage
of manpower and lack of interceptor boats.
• Lack of suitable training in counterterrorism – Though marine police is tasked with overall coastal security but
they are not skilled for counterterrorism.

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• Non-existent of maintenance and operational mechanisms for existing naval assets.

1. Position Reporting Systems

Different Reporting 2. Fishing Vessels and License Information Management
Mechanism for Handling 3. biometric Identity Cards: Issuance of biometric identity cards
Coastal Security: 4. Port Vessel Information Management
5. Static Surveillance: Surveillance radars and Automatic Identification System
(AIS) receivers

Importance of Coastal Community Participation:

• Seaside and fishing networks are the biggest constituents of the waterfront security system and are among its
center qualities. Powerful association of the tremendous four million solid fishing network, and the bigger beach
front network, has the potential to altogether supplement endeavours of the security offices
• An informal layer of surveillance comprising the fishermen community - created following the 1993 Mumbai
serial bomb blasts.
• By virtue of their role in surveillance and intelligence gathering, the fishermen communities are referred to as the
‘ears and eyes’ of coastal security.
• These fisher men groups, christened Sagar Suraksha Dal, 49 comprising of trained volunteers who monitor the
seas and coastal waters
• To take the advantage of fisherman community government has started various initiative. Accordingly, steps have
been taken to ensure the safety of fishermen, and to prevent the undetected entry of any fishing trawler in the coastal
waters:
➢ Installed with AIS transponders
➢ Radio Frequency Identification Device (RFID to vessels
➢ Uniform registration system for fishermen registration
➢ Colour codes are different for different coastal states
➢ Distress Alert Transmitters (DATs) are being provided to fisher men
➢ Coastal security helpline numbers 1554 (ICG).

CUSTOMS MARINE ORGANISATION (CMO):

It created following the recommendations of the Nag Chaudhari Committee. The purpose of the committee
was to suggest the optimum assets required for anti-smuggling operations as well as recommend ways to
curb smuggling through the sea. Once the Indian Coast Guard was formed in 1977, the CMO was merged
with the newly created organisation

Government Initiatives:

The Indian Coast Guard:

The ICG was established on February 1, 1977 on the interim in the naval headquarters, and placed under the ministry
of defence (MoD). On August 18, 1978, with the enactment of the Coast Guard Act, the organisation formally came
into being as the fourth armed force of India. The Act stipulates that the ICG as an armed force would safeguard the
security of the maritime zones of India, and guard its maritime and national interests in such zones.

The Marine Police Force

• The marine police force was created under the Coastal Security Scheme (CSS) that was launched in 2005. The aim
of the CSS was to strengthen infrastructure for patrolling and the surveillance of the coastal areas, particularly the
shallow areas close to the coast.
• Mandated to patrol the territorial waters (12 nautical miles into the sea)

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 Present Coastal Security System:
There is a multi-tier arrangement for protection and maritime security of the country involving the Indian Navy, Coast
Guard and Marine Police of the coastal States and Union Territories.
1. The surveillance on the high seas is carried out along the limits of EEZ (exclusive economic zone) by the Navy and
the Coast Guard.
2. In the territorial waters, the Coast Guards protect the Indian interests with vessels and through aerial surveillance.
3. Close coastal patrolling is done by State Marine Police. The State’s jurisdiction extends up to 12 nautical miles in
the shallow territorial waters.

Post ‘26/11’ Initiatives in Coastal Security Architecture

The mind-set that coastal security is not an essential component of national security eventually changed after the terrorist
attacks in Mumbai on November 26, 2008.

Multi-Layered Surveillance System:

• A multi-layered system of surveillance of the country’s maritime domain involving the Indian navy, coast guard,
marine police, customs and the fisher men had come into being following the series of measures that were
implemented over the years to secure India’ s coasts prior to the Mumbai terrorist attacks in 2008.

Monitoring, Control and Surveillance of Fishermen

• Monitoring the movements of thousands of fishermen and their fishing boats/trawlers which venture into the sea
every day is essential to ensure fool proof security of India’s coastal areas.
• Accordingly, steps have been taken to ensure the safety of fishermen, and to prevent the undetected entry of any
fishing trawler in the coastal waters.

Coastal Security Scheme:

• Ministry of Home is executing a comprehensive coastal security scheme (CSS) to strengthen security infrastructure
of Marine Police Force.
• It seeks to strengthen patrolling and surveillance of coastal areas.

Joint Operations Centres:

• JoC have been set up by the Indian Navy as command and control hubs for coastal security at Mumbai,
Visakhapatnam, Kochi and Port Blair.

Central Marine Police Force (CMPF):

• Recently, the Union Home minister approved a proposal to set up a Central Marine Police Force to protect sea,
coasts, ports and vital institutions with the following rationale:
• The central marine police force can police water up to 12 nautical miles from the coast and investigate crimes
committed in the coastal water.
• The equipment required for marine policing is completely different from that available in a regular police station
(For ex- boats) as well as good coordination with the Coast Guard and Navy.

Way Forward:
• Use of technology-satellite-guided friend or foe identification system of the Indian Space Research
Organisation with a two-way messaging system in all local languages.
• Recruit sailors who are about to retire, to man the state maritime police forces.
• Involvement of Fishermen and coastal communities in the comprehensive coastal security plan as ‘eyes and
ears’ of security agencies.

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• Capacity building of the maritime police force both in terms of training as well as resources should be done at
equivalence with other maritime security agencies like Navy and Coast Guard.
• Upgradation of coastal security infrastructure with modern equipment’s and gadgets.
• There is a suggestion that the Coast Guard, which comes under the Defence Ministry’s jurisdiction, will now be
placed under the Union Home Ministry and designated as the National Maritime Police (NMP).
Previous Year Questions:
1. The north-eastern region of India has been infested with insurgency for a very long time. Analyse the major reasons
for the survival of armed insurgency in this region. - 2016
2. 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. - 2015
3. "The diverse nature of India as a multi-religious and multi-ethnic society is not immune to the impact of radicalism
which is seen in her neighbourhood'. Discuss along with strategies to be adopted to counter this environment. –
2014
4. How does illegal trans-border migration pose a threat to India’s security? Discuss the strategies to curb this, bringing
out the factors which give impetus to such migration. - 2014

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 CH-14 VARIOUS SECURITY FORCES AND THEIR MANDATE
• Indian Armed Forces, which consist of Defence Forces, Paramilitary Forces and Strategic Force Command plays a
major role in ensuring national security.
• Law and order is a state subject of the state, therefore the bulk of the policing lies with the respective states and
territories of India. Larger cities also operate metropolitan police forces (MPF) under respective state governments.
The majority of federal law enforcement agencies are controlled by the Ministry of Home Affairs.

Security forces in India can be broadly classified into two:

1. Indian Armed Forces
2. Central Armed Police Force(CAPF)

Contributions of paramilitary forces:

• Disaster: During the 2013 Uttarakhand floods, Indo-Tibetan Border Police was the first to respond to the
catastrophe. Kerala floods is also prominent example.
• Organised crime: The paramilitary forces like the BSF, Sashastra Seema Bal, ITBP deployed at borders check
smuggling of drugs, fake currencies and human trafficking along with border security.
• Law and order: The CRPF personnel provides their services when law and order situation goes beyond the control
during riots or large scale violence.
• Naxalism: The paramilitary forces are also deployed in fighting insurgencies and violent activities like Naxalism.

Security forces dealing with External Threats:

The Indian Armed Forces are the primary force responsible for the security of the nation, and they come under the
administrative control of Ministry of Defence. CAPF mainly manage the internal security threats but they also aid in
combating external threats. CAPF comes under administrative control of Ministry of Home Affairs.

Indian Armed Force:

The defence forces are classified into four sub-categories:
1. Indian Army Personnel
2. Indian Air Force
3. Indian Navy
4. Indian Coast Guard.

Security forces dealing with internal threats:

There are many divisions of CAPF:
1. Assam Riffles
2. Border Security Force (BSF)
3. Central Industrial Security Force
4. Central Reserve Police Force
5. Indo-Tibetan Border Police (ITBP)
6. National Security Guard
7. Sashastra Seema Dal (SSB)

1. Assam Rifles:
Role and Tasks:
• Conduct counter insurgency operations in the north-east and other areas where deemed necessary, under control
of the army.

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• During peace and ‘proxy war’, ensure security of the Indo-China and Indo-Myanmar
borders. During war, rear area security in the TBA.
• Act as penultimate interventionist force of the central government in internal security
situation, under the control of army; when the situation goes beyond the control of central
paramilitary operations.
• Headquarter: Shillong

History:
• The Assam Rifles came into being in 1835, as a militia called the ‘Cachar Levy’. This Force was formed to
primarily protect British Tea estates and their settlements against tribal raids.
• Subsequently, all these Forces were reorganised and renamed as the ‘Frontier Force’ as their role was increased
to conduct of punitive expeditions across the borders of Assam.
• This Force significantly contributed in opening the region to administration and commerce and over time they came
to be known as the “right arm of the civil and left arm of the military”.
• The ‘Darrang’ Battalion was raised just before the onset of World War–I.
• In 1917, recognising their work during the Great War (WW-I), fighting shoulder to shoulder with Rifle Regiments
of the regular British Army, the name of the Force was changed to ‘Assam Rifles’.
• The Post-Independence role of the Assam Rifles continued to evolve ranging from conventional combat role during
Sino-India War 1962, operating in foreign land as part of the Indian Peace Keeping Force (IPKF) to Sri Lanka
in 1987 (Op Pawan) to peacekeeping role in the North-Eastern areas of India in the face of growing tribal unrest
and insurgency wherein the maintenance of law and order, countering insurgency and reassuring the people of the
region became important tasks for the Assam Rifles.
• Today the Force remains deployed in some of the most remote and under developed areas and provides security to
locals. Assam Rifles has grown substantially over the years from 17 battalions in 1960 to 46 battalions at present.
• The Force also has a Training Centre and a number of Logistics Units. Through its long deployment in the tribal
belt, the Assam Rifles has earned the complete confidence of the locals and has helped considerably in bringing
the people of this region into the national main stream.
• The humane, just and ever helpful approach of the men of Assam Rifles has truly managed to win hearts and
minds earning the Assam Rifles the sobriquet of ‘Friends of the North East’.

Fondly called ‘Friends of the North East People’, the Force is the highest awarded and decorated Para Military
Force of the Republic of India.

• It is under the control of the MHA and they perform many roles including the provision of internal security under
the control of the army through the conduct of counter insurgency and border security operations, provision of
aid to the civilians in times of emergency, and the provision of communications, medical assistance and education
in remote areas.
• In times of war they can also be used as a combat force to secure rear areas if needed.
• Since 2002 it has been guarding the Indo–Myanmar barrier as per the government policy "one border one force".
• Assam Rifles Act 2006 and rules 2010 gives it statutory status, powers, functions, roles, operations etc.

2. Border Security Force:

The BSF, in its 54th years of existence, has emerged as an elite force of the country having excelled
with distinction in the 1971 & Kargil war with Pakistan. Mission of BSF is “Any task, Anytime,
Anywhere”. The Officers and men have given blood and sweat to uphold its motto “Jeevan Paryant
Kartavya”.

History:

• Till 1965 India’s borders with Pakistan were manned by the State Armed Police Battalion. Pakistan attacked
Sardar Post, Chhar Bet and Beria Bet on 9 April, 1965 in Kutch.

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 • This exposed the inadequacy of the State Armed Police to cope with armed aggression due to which the
Government of India felt the need for a specialized centrally controlled BSF, which would be armed and trained
to man the International Border with Pakistan.
• As a result of the recommendations of the Committee of Secretaries, the Border Security Force came into
existence on 01 Dec 1965, and Shri K F Rustamji was the first chief and founding father of BSF.

The tasks of the BSF are divided as follows:

1. Peace time:
• Promote a sense of security among the people living in the border areas.
• Prevent trans-border crimes, unauthorized entry into or exit from the territory of India.
• Prevent smuggling and any other illegal activity.

2. War Time:
• Holding ground in less threatened sectors so long as the main attack does not develop in a particular sector and
it is felt that the local situation is within the capability of BSF to deal with.
• Protection of vital installations particular air-fields against enemy commandoes/para troopers or raids. The role
can be entrusted to the BSF Units which are placed under the Army's operational Control.
• Providing extension to the flanks of main defence line by the holding of strong points in conjunction with other
units.
• Limited Aggressive action against para military or irregular forces of the enemy within the overall plan of the
Armed Forces.
• Performing special tasks connected with intelligence including raids. These are tasks which might be entrusted
to BSF Units by the Army in a war situation according to local necessity.
• Acting as guides in an area of responsibility where routes are known.
• Maintenance of law and order in enemy territory administrated under the control of Army.
• Provision of escorts.
• Guarding of prisoners of war cages.
• Assistance in control of refugees. It is the intention to utilise civil police force and armed Home Guards etc. for
these tasks but again depending upon local exigencies, the BSF might be entrusted with these tasks.
• Anti-infiltration duties in specified area. This is an important responsibility which will have to be performed by
security forces. The exact responsibility of the BSF in this matter is still under consideration and separate
instructions are expected to be issued.

3. CISF:
• CISF is an armed force of the Union established under an Act of Parliament, “Central Industrial
Security Force Act, 1968”.
• In the year 1969, the strength of the force established with the help of 3129 personnel, was increased
to 1,41,421 as of 01.03.2020.
• CISF has 12 reserve battalions, 08 training institutes and 63 other formations.
• According to the mandate, CISF provides security to the premises staff along with the security
of property and establishments.
• CISF is providing security to the strategic establishment, including the Department of Space, the Department of
Atomic Energy, the Airports, the Delhi Metro, the ports, the historical monuments and the basic areas of Indian
economy such as petroleum and natural gas, electricity, coal, steel and mining.
• CISF is providing protection to some private sector units and important government buildings in Delhi.
• Presently, CISF is also providing security to the protected persons classified as Z Plus, Z, X, Y.
• CISF is the only force with a customized and dedicated fire wing.
• CISF is a compensatory cost force.

The CISF came into existence in 1969, following a major fire incident in HEC, Ranchi. Over the last 50 years the
force has seen many ups and downs, given the unique mandate with which the force came into existence i.e. to give
protection and security to the employees and the property of the Public Sector Undertakings. In keeping with changing

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demands of the dynamic nature of security, the force has evolved, re-oriented and updated the nature of professional
services rendered and metamorphosized from being an industrial security force into a multi-talented, multi-tasking
and multi-faceted force, ready to face newer challenges in the future.

The Ethos, Values and Ethics policy of an CISF:

1. Shape its “Character”
2. Create a desired “Identity”
3. Lay out principles that guide organization’s policies and strategies
4. Help set clear “organizational goals”
5. Establish “standards for organizational performance”

Consultancy services offered by CISF:

• Threat Perception & Risk analysis
• Access Control & Perimeter protection
• Assessment of Manpower requirements
• Security systems applications
• Security & Fire Audit
• Document security
• Procedures for material Security.
• Internal intelligence.
• Fire protection measures
• Crisis management schemes
• Executive Protection.
• Crowd control and management procedures
• Training in security & fire protection matters to the officers and men of the organization & Security Wing

4. ITBP:
• Indo-Tibetan Border Police was raised on October 24, 1962 for reorganizing the
frontier intelligence and security set up along the Indo-Tibetan border.
• In 1992, parliament enacted the ITBPF Act and the rules there under were framed in
1994.
• With additional tasks entrusted to ITBP from time to time on border guarding, counter
insurgency and internal security roles, the number of ITBP Battalions increased
gradually and ITBP presently has 56 service Battalions, 4 Specialist Battalions, 17
Training Centres and 07 logistics establishments with a total strength of approx. 90,000
personnel.
• In the year 2004, in pursuance of GoM recommendations on “One Border One Force”, the entire stretch of India-
China Border comprising 3488 Kms was assigned to the ITBP for Border Guarding duty and, accordingly, ITBP,
replaced Assam Rifles in Sikkim and Arunachal Pradesh in 2004.
• The motto of the Force is “Shaurya-Dridhata-Karma Nishtha” (Valour – Determination – Devotion to Duty).

Tasks of ITBP:
• Vigil on the northern borders, detection and prevention of border violations, and promotion of the sense of security
among the local populace.
• Check illegal immigration , trans-border smuggling and crimes.
• Security to sensitive installations, banks and protected persons.
• Restore and preserve order in any area in the event of disturbance.

Presently ITBP has been guarding India-China border in Jammu & Kashmir, Himachal Pradesh and Uttarakhand,
Sikkim and Arunachal Pradesh states from the Karakoram Pass in Jammu & Kashmir to Jechap La in Arunachal Pradesh.
The altitude of ITBP BOPs ranges from 9,000 ft to 18,750 ft where temperature dips to (-) 45 degree Celsius.

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 • ITBP Battalions are also providing security to various installations of national importance throughout the
country, which includes Rashtrapati Bhawan, Vice President House, Rumtek Monastery (Sikkim), Tihar Jail (N
Delhi), LBSNAA (UKD) and various sensitive installations in Chandigarh (Punjab) & Jammu (J&K).
• At present, a well equipped and highly trained team of elite commandos are deployed in Afghanistan for providing
security to the Indian Embassy in Kabul and 4 Consulates General.
• ITBP has also excelled in UN peacekeeping operations. The Force personnel were deployed for peacekeeping
operations in Angola, Namibia, Cambodia, Bosnia & Herzegovina, Mozambique and Kosovo.
• ITBP is also providing security, communication and medical cover to the pilgrims during the Annual Kailash
Mansarovar Yatra since 1981.
• Being the first responder for natural Disaster in Himalayas, ITBP was the first to establish 7 Regional Response
Centres and carried out numerous rescue and relief operations in all disaster situations, which took place in our
areas of responsibility as well as other parts of the country. In a historic rescue and relief operation in 2013, the
ITBP saved 33,009 pilgrims from grave situation from char dham yatra routes in Uttarakhand in the 15 day rescue
effort by the Force.
• ITBP conducts a large number of medical civic action programmes in remote border and terrorist/naxal
affected areas to provide free and expert medical, health and hygiene care to the civilian population in remote
villages.
• ITBP is at the forefront of movement for the preservation of Himalayan environment & ecology. ITBP has
taken up in a big way the task of greening the Himalayan regions especially in Inner Himalayas.

5. National Security Guards:

NSG is Federal Contingency World Class Zero Error Force to deal with
anti-terrorist activities in all its manifestation. The NSG is a Force specially
equipped and trained to deal with specific situations and is therefore, to be
used only in exceptional circumstances to thwart serious acts of terrorism.

Ethos:

• Pursuit for excellence

• Lead from the front.
• Zero Error.
• Speed, surprise, stealth, precision and accuracy are its hall marks.

History of NSG:
• The Union Cabinet in 1984 took a decision to create a Federal Contingency Force comprising of personnel who
are highly motivated, specially equipped and well trained to tackle the various manifestations of terrorism.
• In June 1984, a nucleus consisting of the Director General of NSG and other essential elements were sanctioned
and steps were initiated to raise the Force.
• A bill for creation of this Organization was introduced in the parliament in August 1986 and it received the assent
of the President on September 22, 1986 and the National Security Guard (NSG) formally came into being from that
date.
• The basic philosophy of NSG is swift and speedy strike and immediate withdrawal from the theatre of action.
National Security Guard has been given the Specific Role to handle all facets of terrorism in any part of the country
as a Federal Contingency Force.
• The NSG was modelled on the pattern of the SAS of the UK and GSG-9 of Germany. It is a task-oriented
Force and has two complementary elements in the form of the Special Action Group (SAG) comprising Army
personnel and the Special Ranger Groups (SRG), comprising personnel drawn from the Central Armed Police
Forces / State Police Forces.

6. Sashastra Seema Bal (SSB):

• In the wake of the Chinese conflict in 1962, it was felt that the borders of the country could not be protected with
the force of rifles alone. It required the backing and resolute will of a committed border population.

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• In addition, it needed an in-depth understanding and familiarity of the terrain as well as the culture and ethos
of the border population.
• A need was, therefore, realized for the creation of a unique, unconventional yet specialized organization, which
would function in the far, flung, vulnerable, strategic, remote, climatically and topographically difficult border areas
and motivate the border population across several states towards the cause of protecting our national sovereignty.
• The Special Service Bureau (now Sashastra Seema Bal) was thus conceived in November 1962 and eventually
created in March 1963 with the sole objective of achieving ‘Total security preparedness’ in the remote border
areas for performing a ‘stay-behind’ role in the event of a war.
• SSB was started in North Assam, North Bengal, hill districts of Uttar Pradesh (now Uttarakhand), Himachal Pradesh,
part of Punjab and Ladakh area of J&K.
• Later, the jurisdiction of SSB was extended to Manipur, Tripura and Jammu (1965), Meghalaya (1975), Sikkim
(1976), Rajasthan (1985), South Bengal, Nagaland and Mizoram (1989).
• Its area of coverage included 15 states. SSB in the erstwhile role was covering a population of more than 5.73
crores living in about 80,000 villages and about 9917 Kms of India’s international borders.
• Since 1963, the main thrust of the SSB was on generating a sense of national belonging, security and vigilance.
• Villagers were trained in the use of small arms and the art of self defence to develop a spirit of resistance. In
early 1970s we also started National Integration Programmes in a big way. All these bore fruit slowly but surely.
• However, the rifle training was a big draw and brought lakh of people into our fold. The trained volunteers became
the eyes and ears of SSB, on the border and could be drawn on whenever required. As a result, the number of
Chinese intelligencers prodding our border reduced considerably.

Role of Sashastra Seema Bal:

• After the Kargil war, the K. Subramanayam Committee’s Report was considered by a Group of Ministers for
relocation of all Para-military forces to achieve optimum efficiency by assigning one border for each force.
• SSB was declared as a Border Guarding Force in 15th January, 2001 under the Ministry of Home Affairs and
renamed as "Sashastra Seema Bal" on 15th December, 2003.
• In 2001 SSB was given the mandate to guard the Indo-Nepal Border (1751 Kms.) and was declared the Lead
Intelligence Agency for that area.
• The added responsibility of guarding Indo - Bhutan Border was given to SSB in 2004 along with being declared
the Lead Intelligence Agency for that border.
• SSB’s present charter of duties is to:

Safeguard the security of assigned borders of India and promote sense of security among the people
living in border areas.
Prevent trans-border crimes, smuggling and any other illegal activities.
Prevent unauthorized entry into or exit from the territory of India.
Carry out civic action programme in the area of responsibility.
Perform any other duty assigned by the Central Government. (SSB is being deployed for Law &
Order, Counter Insurgency Operations and Election duty)

• The challenges of manning the open border are more daunting than securing a closed border. The 2450 kms
long Indo- Nepal and Indo- Bhutan border is more challenging because the open border not only provides
alluring encouragement to traffickers and smugglers but, also offers huge opportunities for militants/ ANEs trained
on foreign soil to infiltrate and pose a serious threat to national security.
• It is extremely difficult to seal the entire border effectively owing to its porosity and visa free regime on one
hand and social economic and cultural relationship of bordering countries on the other, but SSB, by virtue of
its enormous past experience of working at grass root level in remote areas, is able to muster people’s support and
cooperation besides physically guarding the border and maintaining its sanctity.

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 ISSUES OF PARAMILITARY FORCES:
• There is shortage of man power which increases the workload on existing personnel. It is found that CISF jawans
have to do continuous duty for 15-18 hours.
• There is an absence of a dedicated grievance redressal system. Ex: Recent BSF Jawan video.
• A paramilitary soldier was against the sahayak/buddy system where soldiers were forced to do personal chores
for senior officers of the force.
• Poor working conditions like no housing facilities, poor food and low allowances adds to problems.
• Top most positions are occupied by IPS officers which leads to a low morale that translates into low efficiency.
• Promotion system lacks a proper path and set indicators to identify the deserving candidate.
• They are devoid of justice. Armed forces tribunal does not cover them. Even Article 33 deters them to approach
civilian judiciary.
• No stability in terms of duration of posting and no peace posting. There are many accompanying services like,
VIP security, law and order and election duty.
• Till lately gallantry awards such as Paramvir chakra, Shaurya Chakra and Kirti Chakra were reserved only for
the armed forces.
• Government does not accord them the status of a martyr.
• Lack of capital budget for new procurement schemes, especially ‘big ticket’ items, is another challenge.
• Lack of modernisation, capital outlay being the lowest in the last ten years. Most budgets get diverted to election
winning formulations of the ruling elites and thus sheer neglect of the outdated and obsolete weapon systems.
• Pathetic understanding of matters military with political and bureaucratic decision makers, thus a general distrust
of what they are asking the Army to do.
• The politicisation of the Army is taking its toll on a soldier’s psyche as he is forced to take sides, instead of
remaining apolitical and secular in his thinking and action.
• Prolonged separation from the families, in an increasingly unsafe and polarised countryside.

Measure taken by government:

• Improved dispute resolution, communication facility in field areas, yoga etc. have been introduced.
• Increased communication between jawans and officers were part of the 14 measures undertaken by government to
boost morale.
• In 2015, Delhi HC ordered government to give pay upgrade to Group A officers of paramilitary according to 6th
Central Pay Commission.
• To improve gender equality in the paramilitary –
o The government permitted reservation of 33% women at the constable rank in CRPF and CISF.
o It also set a 15% share in the border forces BSF, SSB and ITBP for women.
Recommendations:
• The proposals of BGFs to raise additional number of battalions should be considered on a priority basis.
• Composite BOPs should be developed with telephone, medical facilities etc.
• Hard area allowance should be exclusively decided on the basis of climatic and geographical conditions of the
area of deployment and should be uniform for personnel of all the forces, be it CAPFs or Army.
• To curb depression among jawans, yoga, meditation and recreation facilities are provided.

Way forward:

• Need of a separate grievance redressal mechanism and a separate tribunal for paramilitary forces.
• The government must increase allocation for defence (excluding pensions) to 2.5 percent of GDP initially, and
further raise it gradually to 3 percent until modernisation of the Armed Forces is complete.
• The government must stop protecting the defence public sector and create a genuine level playing field for entry of
the private sector into indigenous defence manufacturing.
• For equivalence in allowance “one area, one allowance” should be implemented. It gives same allowance for both
military and paramilitary deployed in same area.

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o Need greater hardship allowance.
o The demand of the paramilitary forces should be considered for e.g.
- A Military Service Pay
- Timely career promotion
- Better infrastructure
- Martyr status when they die fighting

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 CH-15 POLICE REFORMS IN INDIA

Organizational Structure:
• Article 355 of the Constitution enjoins upon the Union to protect every state
against external aggression and internal disturbance and thereby to ensure
that the government of every state is carried on in accordance with the provisions
of the Constitution.
• The Police Act, 1861 is still the basic instrument governing the functioning of
the Indian police. Under this Act, the Inspector General of Police (now designated
as the Director General and Inspector General of Police) is the head of a state
police. States are divided into districts and a Superintendent of Police heads the
district police.
• A few states have also passed their own State Police Acts. Besides, other laws
like the Indian Penal Code (IPC) of 1862, the Indian Evidence Act (IEA) of
1872 and the Code of Criminal Procedure (CrPC) of 1973 also govern the
functioning of the police.

Functions of police:
Based on the Code of Criminal Procedure and the different Police Acts the functions of the police can be classified into
the following categories:
• Prevention of crime including intelligence gathering
• Investigation of crimes
• Maintenance of public order
• Assistance in criminal trial
• Providing security to vital installations and important persons
• Service oriented functions:
o Emergency duties during natural calamities
o Providing assistance to other agencies
o Assisting in conducting elections
o Traffic control
o Verification of antecedents
o Helping the enforcement of laws.

Responsibilities of centre and states with regard to police:

Sources: Schedule 7 and Article 355, Constitution of India, 1950; PRS.

People’s Perception of the Police:
Max Weber defined ‘State’ as an organisation that has a “monopoly on the legitimate use of physical force”. Use of
physical force becomes necessary when other peaceful mechanisms fail to produce results. The police are the

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instrument of physical force of the State. They have to bear the burden of failure of other instruments of governance
as well. Thus, the police always have to be at the forefront and face the wrath of the public even for the failure of
other instruments of governance.

The police have faced and continue to face many difficult problems. In a country of India’s size and diversity,
maintaining public order at all times is indeed a daunting task. It is to the credit of the police that despite many problems,
they have by and large been successful in maintaining public order. Despite this, the police are generally perceived to
be tardy, inefficient, high-handed and often unresponsive or insensitive.

The National Police Commission (NPC) observed:

• “…in the perception of the people, the egregious features of the police are politically oriented partisan performance
of duties, partiality, corruption and inefficiency, degrees of which vary from place to place and person to person ...
What the Police Commission said in 1903 appears more or less equally applicable to the conditions obtaining in the
police today”.
• The NPC examined the issue of police-public relations in great detail.
• It came to the conclusion that police-public relations were in a very unsatisfactory state and police partiality,
corruption, brutality and failure to register offences were the most important factors contributing to this situation.
• People also felt that police often harass even those who try to help them;
and while by and large people did not think that police are inefficient, they
want a change in the style of their functioning.
• Policemen, in general, did not believe that they are at fault and blamed the
system for deficiencies and deviations.

Problems in existing police functioning:

1. Problems related to general administration:
o Poor enforcement of laws and general failure of administration;
o Large gap between aspirations of the people and opportunities with
resultant deprivation and alienation;
o Lack of coordination between various government agencies.
2. Problems related to police:
o Problems of organisation, infrastructure and environment;
o Unwarranted political interference;
o Lack of empowerment of the cutting-edge functionaries;
o Lack of motivation at the lower levels due to poor career prospects, and
hierarchical shackles;
o Lack of modern technology/methods of investigation;
o Obsolete intelligence gathering techniques and infrastructures;
o Divorce of authority from accountability.
o Problems of organisational behaviour;
o Inadequate training; and
o Entrenched attitudes of arrogance, insensitivity and patronage.
3. Problems of stress due to overburdening:
o Multiplication of functions, with crime prevention and investigation
taking a back seat;
o Shortage of personnel and long working hours; and
o Too large a population to handle.

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 4. Problems related to ethical functioning;
o Corruption, collusion and extortion at different levels;
o Insensitivity to human rights; and
o Absence of transparent recruitment and personnel policies.
5. Problems related to prosecution:
o Best talent not attracted as public prosecutors;
o Lack of coordination between the investigation and the prosecution
agencies; and
o Mistrust of police in admitting evidence.
6. Problems related to the judicial process/criminal justice administration:
o Large pendency of cases;
o Low conviction rates;
o No emphasis on ascertaining truth; and
o Absence of victims’ perspective and rights.

An overburdened police force

State police forces had 24% vacancies (about 5.5 lakh vacancies) in January 2016. Hence, while the sanctioned
police strength was 181 police per lakh persons in 2016, the actual strength was 137 police. Note that the
United Nations recommended standard is 222 police per lakh persons.

Various committees established for police reforms:

• Gore Committee on Police Training (1971-73): Was set up to review the training of the police from the
constabulary level to IPS officers
• National Police commission in 1977: eight Reports covering different aspects of police administration
• The Ribeiro Committee 1998 on police reforms: It recommended the setting up of Police Performance and
Accountability commissions at the state level and also the constitution of a District complaints Authority,
replacement of the Police Act, 1861 with a new act.
• Padmanabhaiah Committee (2000): was constituted to study recruitment procedures for the police force, training,
duties and responsibilities, police investigations and prosecution.
• Soli Sorabjee Committee 2005
• Vohra Committee Report highlighted the nexus between the criminals, politicians and government functionaries.
It stated that the network of the mafia is virtually running a parallel government, pushing the state apparatus to
irrelevance, and suggested that an institution be set up to effectively deal with the menace.

Core principles of police reforms:

• Responsibility of the Elected Government

• Authority, Autonomy and Accountability
• Disaggregation and Deconcentration of functions
• Independence of Crime Investigation
• Self-esteem of Policemen
• Criminal Law Reform
• Professionalisation, Expertise and Infrastructure
• Police to be a Service

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Police Reforms:
1. Organisational Structure of the Police of the Future:
• Investigation of crimes would be entrusted to a separate, fully autonomous, elite, professional, investigation
agency in each state. This agency and the prosecution wing, would be managed by an independent Board headed
by a retired High Court Judge, and appointed by a high-powered collegium.
• An independent prosecution wing, staffed by serving trial judges on deputation, special prosecutors appointed
from time to time, and public prosecutors appointed for a renewable five year term would function under the
supervision of the same Board, and work in close coordination with the crime investigation agency.

Crime per lakh population has increased by 28% over the last decade (2005-2015). However, convictions
have been low. In 2015, convictions were secured in 47% of the cases registered under the Indian Penal
Code, 1860. The Law Commission has observed that one of the reasons behind this is the poor quality of
investigations.

• The police station (a part of the law and order police), would be the first point of contact for citizens. All
crimes (entailing prescribed punishment of less than three years imprisonment) would be investigated by the
law and order police, and more serious offences will be transferred to the independent Crime Investigation
Agency. There would be effective mechanisms for coordination between local police, crime investigation
agency, and riot control (law and order) police.
• Local police (under local authorities), in addition to investigation of petty crimes, would attend to other local
police functions including traffic management and minor local law and order maintenance. More police
functions would be progressively brought under the supervision of local governments.
• There would be a strong forensic division, with well-equipped laboratories in each district, to support the
Crime Investigation Agency (and other police agencies). The Forensic division would be under the control of a
Board of Investigation.
• The rest of the police (excluding crime investigation and local police) would constitute the law and order agency.
Metropolitan cities with over one million population can be entrusted with some of these duties immediately.

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 2. Police Accountability Mechanism - Balancing Autonomy and Control: State Government and the Police:
• The first and foremost issue required to be addressed in police reforms is the relation between the State
Government and the Police. Public Order and Police are state subjects. The main instrument which lays
down the framework of the police system in India is the Police Act, 1861. The Act gives the power of control
and superintendence of the police to the State Government.
• The powers of the superintendence of the State Government over the police should be limited for the
purpose of ensuring that police performance is in strict accordance with law.
• State Security Commission should be established to lay down broad policy guidelines, evaluate performance
of state police and function as a forum for appeal from police officers and also review the functioning of the
police in the state.

Holding police accountable

In India, the political executive (i.e., ministers) has the power of superintendence and control over the
police forces to ensure their accountability. However, the Second Administrative Reforms Commission
has noted that this power has been misused, and ministers have used police forces for personal and political
reasons. Hence, experts have recommended that the scope of the political executive’s power must be
limited under law.

• The following provision should be incorporated in the respective Police Acts:

o It shall be the responsibility of the State Government to ensure efficient, effective, responsive and
accountable functioning of police for the entire state. For this purpose, the power of superintendence of
the police service shall vest in and be exercised by the State Government in accordance with the
provisions of law.
o The State Government shall exercise its superintendence over the police in such manner and to such an
extent as to promote the professional efficiency of the police and ensure that its performance is at all
times in accordance with the law. This shall be achieved through laying down policies and guidelines,
setting standards for quality policing, facilitating their implementation and ensuring that the police performs
its task in a professional manner with functional autonomy.
o No government functionary shall issue any instructions to any police functionary which are illegal or
malafide.
o ‘Obstruction of justice’ should also be defined as an offence under the law.

3. Separation of Investigation from other Functions:

• Police officials entrusted with the investigation of grave offences should be separate and distinct from those
entrusted with the enforcement of law and order and other miscellaneous duties. Separate investigating agency
directly under the supervision of a designated Superintendent of Police.

4. Accountability of Law and Order Machinery:

• A State Police Performance and Accountability Commission should be constituted, with the following as Members:
o Home Minister (Chairman)
o Leader of Opposition in the State Assembly
o Chief Secretary
o Secretary in charge of the Home Department;
o Director General of Police as its Member Secretary
o Five non-partisan eminent citizens
• It should perform the following functions:
o frame broad policy guidelines for promoting efficient, effective, responsive and accountable policing, in
accordance with law;
o prepare panel for the post of Director General of Police against prescribed criteria;
o identify performance indicators to evaluate the functioning of the police service;

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 o review and evaluate organisational performance of the police service.

5. Police Establishment Committee:

• Establishment Committee shall recommend names of suitable officers to the State Government for posting to
all the positions in the ranks of Assistant/Deputy Superintendents and above in the police organization of the
state, excluding the Director General of Police.
• The State Government shall ordinarily accept these recommendations, and if it disagrees with any
recommendation, it shall record reasons for disagreement.

6. Competent Prosecution and Guidance to Investigation:

• The Law Commission in its 14th Report suggested that the prosecuting agency should be completely separated
from the Police Department.
• The Law Commission (164th Report) recommended the insertion of a new Section 25A of CrPC which
stipulates that the State Government may establish a Directorate of Prosecution under the administrative control
of the Home Department in the state.

7. Reducing Burden on Police - Outsourcing Non-Core Functions:

• The police perform a number of functions, which do not require the special capability and knowledge of police
functions.
• It has been suggested that these functions can therefore be outsourced either to government departments or
to private agencies so that the police can concentrate on its core functions.
• Some of the functions that can be outsourced are the delivery of court summons, verification of antecedents
and addresses, which are required in the context of passport applications, job verifications etc.
• Each State Government should immediately set up a multi-disciplinary task force to draw up a list of non-
core police functions that could be outsourced to other agencies. Such functions should be outsourced in a
phased manner.
• Necessary capacity building exercise would have to be carried out for such agencies and functionaries in order
to develop their skills in these areas.

8. Empowering the ‘Cutting Edge’ Functionaries:

• The existing system of the constabulary should be substituted with recruitment of graduates at the level of
Assistant Sub-Inspector of Police (ASI).
• This changeover could be achieved over a period of time by stopping recruitment of constables and instead
inducting an appropriate number of ASIs.
• Recruitment of constables would, however, continue in the Armed Police.
• The orderly system should be abolished with immediate effect.
• The procedure for recruitment of police functionaries should be totally transparent and objective.
• Affirmative action should be taken to motivate persons from different sections of society to join the police
service. Recruitment campaigns should be organised to facilitate this process.

9. Welfare Measures for the Police:

• Long working hours, tough working conditions, mechanical nature of job, inadequate welfare measures and
insufficient housing means that the police officials are constantly under pressure, sapping their morale and
motivation.
• Radical improvements in the recruitment, training, emoluments, working and living conditions are essential to
improve their morale, reduce their frustration and increase their professionalism.
• Time bound measures for improving satisfaction levels among police personnel by provision of adequate
housing and other welfare measures are required to be taken up on an urgent basis.
• Provision of adequate leave, at least for one month each year, on the pattern of the armed forces would also help
provide a safety valve for police personnel suffering from physical and psychological exhaustion due to trying
working conditions.

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 10. Grievance Redressal:
• A District Police Complaints Authority should be constituted to enquire into allegations against the police within
the district. The District Police Complaints Authority should have the powers to enquire into misconduct or
abuse of power against police officers up to the rank of Deputy Superintendent of Police. It should exercise all
the powers of a civil court.
• A State Police Complaints Authority should be constituted to look into cases of serious misconduct by the
police. The State level Authority should also look into complaints against officers of the rank of Superintendent
of Police and above.
• The State Police Complaints Authority should also monitor the functioning of the District Police Complaints
Authority.

11. Improvement of Forensic Science Infrastructure - Professionalisation of Investigation:

• There is need to set up separate National and State Forensic Science Organisations as state-of-the-art scientific
organizations.
• At the state level these organisations should function under the supervision of the Board of Investigation.
• There is need to expand the forensic facilities and upgrade them technologically.
• Every district or a group of districts having 30 to 40 lakhs population should have a forensic laboratory. This
should be achieved over a period of five years.
• Government of India should earmark funds for this purpose for assisting the states under the police
modernisation scheme.
• All the testing laboratories should be accredited to a National Accreditation Body for maintaining quality
standards.
• The syllabus of MSc Forensic Science should be continuously upgraded in line with international trends.
Necessary amendments should be effected in the CrPC and other laws to raise the level and scope of forensic
science evidence and recognize its strength for criminal justice delivery

12. Intelligence gathering:

• The intelligence gathering machinery in the field needs to be strengthened and at the same time, made more
accountable.
• Human intelligence should be combined with information derived from diverse sources with the focus on
increased use of technology.
• Adequate powers should be delegated to intelligence agencies to procure/use latest technology. Intelligence
agencies should develop multi-disciplinary capability by utilising services of experts in various disciplines for
intelligence gathering and processing.
• Sufficient powers should be delegated to them to obtain such expertise.
• Intelligence should be such that the administration is able to use it to act in time by resorting to conflict
management or by taking preventive measures.

13. Training of the Police:

• Deputation to training institutions must be made more attractive in terms of facilities and allowances so that the
best talent is drawn as instructors.
• The Chief of Training in the state should be appointed on the recommendation of the Police Performance and
Accountability Commission.
• The instructors should be professional trainers and a balanced mix of policemen and persons from other walks
of life should be adopted.
• Each state should earmark a fixed percentage of the police budget for training purposes.
• There should be common training programmes for police, public prosecutors and magistrates. There should also
be common training programmes for police and executive magistrates.
• Training should focus on bringing in attitudinal change in police so that they become more responsive and
sensitive to citizens’ needs.

14. Gender Issues in Policing:

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 • The representation of women in police at all levels should be increased through affirmative action so that they
constitute about 33% of the police.
• Police at all levels as well as other functionaries of the criminal justice system need to be sensitized on gender
issues through well-structured training programmes.
• Citizens groups and NGOs should be encouraged to increase awareness about gender issues in society and help
bring to light violence against women and also assist the police in the investigation of crimes against women.

15. Crimes against Vulnerable Sections

• The administration and police should be sensitized towards the special problems of the Scheduled Castes and
Scheduled Tribes. Appropriate training programmes could help in the sensitizing process.
• The administration and police should play a more pro-active role in detection and investigation of crimes against
the weaker sections.
• Enforcement agencies should be instructed in unambiguous terms that enforcement of the rights of the weaker
sections should not be downplayed for fear of further disturbances or retribution and adequate preparation
should be made to face any such eventuality.

Recent initiatives towards Police Reforms:

• Modernization of Police Forces Scheme: The scheme focuses on strengthening police infrastructure by construction
of secure police stations, training centres, police housing (residential) and equipping police stations with required
mobility, modern weaponry, communication equipment and forensic set-up etc.
• Administrative changes: On the administrative side, changes include separation of investigation from law and order,
specialized wings for Social and Cyber Crimes are initiated in several states.
• Technological reforms: Various technological reforms are pushed including modernization of the control room, fast
tracking Crime and Criminal Tracking Network and System (CCTNS) and pushing for incorporation of new
technology into policing.
• Moving towards Commissionerate System wherever appropriate: Recently, Uttar Pradesh cabinet approved
implementation of the commissioner system of policing for the two cities, Lucknow and Noida, that will give
magisterial powers to their top police officers.

Dual system Commissionerate system

Dual command structure over the district police Unified command structure with the Commissioner of
means that control and direction over the police vests Police (rank of the Deputy Inspector General or above) as
with the SP (head of district police) and the District the sole head of the force within the city.
Magistrate (executive).
Separation of powers of the DM (e.g., issues arrest Powers of policing and magistracy concentrated in
warrants and licenses) and the police (e.g., investigate Commissioner. Directly accountable to state government
crimes and make arrests). Therefore, less and state police chief. Lesser accountability to the local
concentration of power in the police, and administration.
accountability to DM at the district level. • It gives an integrated command structure which helps
in speedy decision.
• It reduces workload of District Magistrate

• National Intelligence Grid (NATGRID): NATGRID, an attached office of Ministry of Home Affairs (MHA), is
the integrated intelligence grid which connects databases of core security agencies. It was proposed after the 2008
Mumbai terror attacks.
o NATGRID is very effective in communication and gathering of information, to keep all data on previous
intelligence alerts, providing real time actionable intelligence and respond to evolving threats like
radicalization through Social Media.

Implementing the Supreme Court’s Directive:

The Supreme Court’s directions in Prakash Singh case 2006 on police reforms must be implemented. The court laid
out seven directives where considerable work in police reforms is still needed. In passing these directives the Court put

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 on record the deep rooted problems of politicization, lack of accountability mechanisms and systemic weaknesses
that have resulted in poor all round performance and fomented present public dissatisfaction with policing. The
directives are:-
1. Constitute a State Security Commission (SSC) to:
o Ensure that the state government does not exercise unwarranted influence or pressure on the police,
o Lay down broad policy guideline and
o Evaluate the performance of the state police.
2. Ensure that the DGP is appointed through merit based transparent process and secure a minimum tenure of
two years.
3. Ensure that other police officers on operational duties (including Superintendents of Police in-charge of a district
and Station House Officers in-charge of a police station) are also provided a minimum tenure of two years.
4. Separate the investigation and law & order functions of the police.
5. Set up a Police Establishment Board (PEB) to decide transfers, postings, promotions and other service related
matters of police officers of and below the rank of Deputy Superintendent of Police and make recommendations on
postings and transfers above the rank of Deputy Superintendent of Police.
6. Set up a Police Complaints Authority (PCA) at state level to inquire into public complaints against police officers
of and above the rank of Deputy Superintendent of Police in cases of serious misconduct, including custodial death,
grievous hurt, or rape in police custody and at district levels to inquire into public complaints against the police
personnel below the rank of Deputy Superintendent of Police in cases of serious misconduct.
7. Set up a National Security Commission (NSC) at the union level to prepare a panel for selection and placement of
Chiefs of the Central Police Organisations (CPO) with a minimum tenure of two years.

Smart Policing:
• The concept of SMART Policing was articulated by Prime
Minister in the DGP / IGP Conference 2014 held at Guwahati.
• Broadly, smart policing involves interventions incorporating
application of evidence-based and data-driven policing practices,
strategies and tactics in order to prevent and control crime.

“SMART POLICING”
1. Strict and sensitive,
2. Modern and mobile,
3. Alert and accountable,
4. Reliable and responsive,
5. Techno-savvy and trained
Benefits of SMART Policing:
• It promotes pro-active policing by preventing criminal activity
through enhanced police visibility and public engagement.
• Smart policing encourages a system-wide and strategic view of police operations.
• It encourages focus on outcomes i.e. reduced crime & safer communities in cost effective ways.
• Smart policing paradigm promotes integration & interoperability of information & communication systems.
• These initiatives help to protect civil rights and to make police force more citizen friendly.

Conclusion:
The issues of Police are the manifestation of the limitations of the Indian political and social setup. Thus, there is a need
to carry out Police reforms and incentivise police department to adopt best practices. Along with that, without further
delay, there is a need to build an environment where police become an instrument of service to the people.

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 PRISON REFORMS
Criminal Justice System in India
Criminal Justice System refers to the agencies of government charged with
enforcing law, adjudicating crime, and correcting criminal conduct.

Objective Police Judiciary

• To prevent the occurrence of crime.
• To punish the transgressors and the criminals.
• To rehabilitate the transgressors and the criminals.
• To compensate the victims as far as possible.
• To maintain law and order in the society. Prosecution Prison
• To deter offenders from committing any criminal act in the future.

An undertrial is an unconvicted prisoner who is on trial in a court of law. The

share of undertrials lodged in prisons for more than a year has increased over time
as the percentage of cases pending judgment in courts has also increased sharply.

NCRB Data 2018:

• Number of jails in country: 1387

• Capacity: 3.5 lakh
• 4.8 lakh prisoners are housed.
• Few jails are overcrowded above 100% and few are above 500% of their capacity.

Under trials:

• Of the total prisoners, 70% are undertrials and among these undertrials
43% are women. In India, the number of undertrials are highest in the
world.
• The situation of undertrials is very grim if we look at the SC/ST and
Muslims data. Near about 55% undertrials are SC, ST and Muslims.
• At the end of 2019, more than one lakh people were lodged in Indian
prisons as undertrials for more than a year.
• At the end of 2019, more than 90% of undertrials were not graduates and
about 28% were illiterate.
• Number of unnatural deaths increased from 115 to 231 during 2015-16.
• These are often people from disadvantaged backgrounds involved in
minor and technical violations of the law who are incarcerated due to their
inability to pay for bail and/or for good legal representation. Thus, hardened
convicts as well as petty offenders like ticketless travellers could end up
being imprisoned together for long periods in crumbling buildings with
inadequate accommodation and sanitary facilities.

The situation in many prisons is appalling enough to be considered a violation of

human dignity as well as the basic human rights of the inmates. Paradoxically, a
few individuals, who are powerful, are allowed to enjoy extraordinary facilities not permitted under the rules.

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 As of Dec 2020, 1.6 crore criminal cases were pending judgment for more than a year across all district and taluka
courts in India. Of them, nearly 22 lakh cases were pending for over 10 years.

Case Study: Machan Lalung who was released in 2005 at the age of 77 from a jail in Assam after 54 years
in prison for an IPC offence, for which the maximum sentence is not more than 10 years, puts a human
face to the statistics mentioned above.

A longer confinement
Due to the high pendency rates in the courts, the share of undertrials confined in prison
for more than one year, more than three years and more than five years increased
between 2000 and 2019. The share of those confined for less than a year fell in this
period

What are the issues?

• Prison is state subject: Thus, laws and policies related to prisons vary from state to. On the other hand, jail reforms
are becoming difficult task as central government finding it difficult to get all the states on board. Even the political
will is lacking to initiate the reforms as it would not garner any political mileage for the political parties.
• Ineffectiveness: The purpose of the criminal justice system was to protect the rights of the innocents and punish the
guilty, but now a days system has become a tool of harassment of common people.
• Pendency of Cases: According to Economic Survey 2018-19, there are about 3.5 crore cases pending in the judicial
system, especially in district and subordinate courts, which leads to actualisation of the maxim “Justice delayed is
justice denied.”
• No voting rights: Strangely enough, there is no bar on contesting elections while someone is in jail, whereas inmates
are not allowed to vote in elections. Even the undertrials who have served more sentence than the prescribed
sentence of the offence committed are not allowed to vote in the elections.
• Human rights violation: At first, we are violating basic human rights of undertrials by not releasing them on time.
Second, the number of unnatural deaths in jails increased from 115 in 2015 to 231 in 2016. The prisoners are made
to live in inhuman conditions, even food served is not hygienic. Lack of ventilation, light, toilets makes the situation
even worst.
• Prisons Act 1893: The act which governs the prisons is the legacy of British rule. Even after 73 years of
independence we are using the colonial law.
• Issue of children: Nearly 18000 children are living in jails only because their parents are in jails. There are no
special provisions for these children whether it is education, food or play grounds. There is less focus on
enculturation of such students.
• International political consequences: Many countries refuse to extradite criminals to India on the issue of poor
prison conditions. Even in Vijay Mallya’s extradition, same excuses were put forward by accused.
• Investigation: Police is being a front line of the criminal judiciary system, which played a vital role in the
administration of justice. Corruption, huge workload and accountability of police is a major hurdle in speedy and
transparent delivery of justice.

Multidimensionality of reforms:

• We cannot reform prisons in isolation. Judicial and police reforms should also go hand in hand.
• Poor criminal justice system, poverty, illiteracy are some of the reasons for poor prisons conditions. Because
poor, illiterate people are rarely aware of their rights.
• Even prison conditions are worse than poor people’s houses or lifestyle. So behaviorally they don’t feel much
difference. Even the poverty is the main reason for large number of undertrials because accused people do not have
money to hire the lawyer or to pay the bail money.

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Reforms needed:

1. Improve criminal justice system:

• Mali math Committee recommended to improve the criminal justice system to improve the conviction rate
and to reduce the undertrials.
• Separate law & order functions from investigation as recommended by 2nd ARC.
2. All India Cadre for jails:
• Justice Mulla Committee recommended to create All India Service to bring uniformity in jail operations, to
enforce accountability.
3. Undertrials:
• Justice Mulla Committee recommended to increase the Public Counselors and using these counselors especially
for resolving cases of undertrials.
4. Sensitization:
• Government need to reorient, recategorize the jail staff. The jail staff needs to be sensitized for empathy,
compassion. This is necessary to reduce human right violation.
5. Infrastructure:
• Improve living conditions, cleanliness, and hygiene.
• Install CCTV cameras to keep watch on illegal activities, harassment by jail staff.
• Increase budgetary support for infrastructure.
• Improve security of prisons.
6. Social and psychological improvements:
• Engaging prisoners in social and economic activities like agriculture, running radio channels, giving work for
prisoners.
• Educational facilities for inmates’ children
7. Strengthening NHRC and SHRC for surveying jails, forming policies for jails etc.
8. Open jails:
• Open jails can be implemented for petty crimes. Under this system, prisoners are allowed to conduct their day-
to-day activities like a normal person and these prisoners come back to the jail during the nights.
• Uttar Pradesh is implementing Open jails.
• Rajasthan has 31 open air camps.
• Rajasthan has even started open jail exclusively for women.

Recommendations of various committees on reforming Criminal Justice System:

1. Malimath Committee:
• Malimath Committee (2000) on reforms in the Criminal Justice System of India (CJS) submitted its report in
2003. It suggested 158 changes in the CJSI but the recommendations weren’t implemented.
• The Committee had opined that the existing system “weighed in favour of the accused and did not adequately
focus on justice to the victims of crime.”
• Recommendations:
o Rights of the Accused: The Committee suggested that a Schedule to the Code be brought out in all regional
languages so that the accused knows his/her rights, as well as how to enforce them and whom to approach
when there is a denial of those rights.
o Police Investigation: The Committee suggested hiving off the investigation wing from Law and Order.
o Court and Judges: The report pointed out the judge-population ratio in India is 10.5 per million
population as against 50 judges per million population in many parts of the world. The ratio is 19.66 per
million people as of 2017. It suggested the increase in strength of judges and courts.
o Witness Protection: It suggested separate witness protection law so that safety and security of witness can
be ensured and they can be treated with dignity.
o Vacations of Court: It recommended reducing the vacations of court on account of long pendency of cases.

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 2. Madhav Menon Committee:
• Menon Committee on criminal justice reforms submitted its report 2007. The four member panel was set up
to draft a national policy paper on criminal justice system.
• It favours the complete revamp of the entire criminal procedure system.
• It has mooted creation of a fund to compensate victims who turns hostile from the pressure of culprits.
• It suggested setting up of separate authority at national level to deal with crimes threatening the country
security.

What Courts have observed in various judgements:

• “A person does not become a non-person after going to jail”. –Supreme Court.
• “Each district should have one open jail”. –Rajasthan High Court.

Conclusion:
• Criminal justice is in a state of policy ambiguity. India needs to draft a clear policy that should inform the changes
to be envisaged in the IPC or CrPC. All reforms will be in vain unless simultaneous improvements are made in the
police, prosecution, judiciary and in prisons. Our policy makers need to focus on reformative justice in order to
bring all around peace in the society.

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 CH-16 BLACK MONEY
• Black money includes all funds earned through illegal activity and otherwise legal income that is not recorded
for tax purposes. Black money proceeds are usually received in cash from underground economic activity and, as
such, are not taxed.
• There is no one definition for black money in economics. In layman’s language, it is money that has been acquired
through illegitimate means or money which is unaccounted for, that is, for which tax is not paid to the government.
• There have been several approximations regarding the extent of black money economy also called as Parallel
economy/ Gray Economy/ Shadow/ Underground Economy.
• Some of the approximations suggest it to be as high as up to fifty to hundred percent.
• While black money in India is decades old problem, it has become real threat post liberalization.
• Indian estimate of black money in Swiss Bank is pegged at $1.4 trillion while Swiss estimate of money in their
bank is pegged at $2 billion.
• Unlawful activities such as crime and corruption, non-compliance with taxation requirements, complex procedural
regulations, cultural and social practices, globalization along with weak institutional, policy, legal and
implementation structures have further augmented the black money economy.

Parallel Economy:
• Parallel economy is the functioning of an illegal sector in the economy whose purposes run in opposite to the
objectives of official, sanctioned or legitimate sector. The parallel economy has various aspects like political,
commercial, legal, industrial, social and ethical aspects.
• Incidence of black money gives rise to parallel economy. The term parallel economy is also denoted as black
economy, unaccounted economy, illegal economy, subterranean economy or unsanctioned economy.
• A striking point about parallel economy is that it helps the type of economic activities where undisclosed income
remains hidden to the tax authorities. Usually, perceptible consumption, real estate, investment in foreign assets,
criminal activities, corruptions etc are the typical spending pattern in the parallel economy. Transactions are
performed in an opaque manner.

Generation of black money:

Illegitimate activities The illegal activities that can lead to black money generation are:
1. Crime
2. Corruption
3. Non-compliance with tax requirements
4. Complex procedural regulations
5. Money laundering
6. Smuggling

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 Tax evasion This is where an entity wilfully does not pay taxes that are due to the government.
Tax avoidance This is where an entity takes advantage of the existing loopholes in the system and avoids
paying taxes. This is not illegal though.

Sources of Black Money:

As discussed above the sources of black money are broadly of two categories - illegitimate activity and tax evasion
even if the activity is legitimate.
• Real estate: The prices of real estate are increasing over the years. High stamp duty on real estate compels the
builders to undervalue the transaction cost. The builders take money in cash and generate high value black money.
• Gold smuggling: As government impose high custom duties on gold and high prices of gold offers way to invest
black money into gold.
• SHGs: Some Self-Help Groups (SHGs) and trusts do not provide proper sources for their funds and donations
received.
• Corruption: Corruption in government and administration creates parallel economy in the government itself.
Growing consumerism, quest for material status leading to more corruption and black money generation.
• Shell Companies: The government appointed task force has identified 2.25 lakh shell companies in India. These
shell companies are mainly used to divert black money.
• NGOs and trusts: NGOs receiving funds from foreign sources but they rarely file their annual statement with
government. The loopholes in the laws are exploited by the NGOs and their fund raisers for mobilisation of black
money.
• Informal Sector and Cash Economy: Cash transactions, large un-banked and under-banked areas contribute to the
large cash economy in India.
• Tax Havens: Tax havens are typically small countries/ jurisdictions, with
low or nil taxation for foreigners who decide to come and settle there.
Strong confidentiality or secrecy regarding wealth and accounts and allow
opaque existence.
• Hawala: It is an informal and cheap method of transferring money from
one place without using banks etc. It operates on codes and contacts and
no paperwork and disclosure is required.
• P-notes: P-notes do not require KYC fulfilment for the investment. The anonymity in P-notes is fully exploited to
invest black money in formal economy.

State of Black Money

• Black money Law: tax rate – At the minimum tax rate of 60%, the law has less incentive for the
hoarders to come clean.
• Stats – As of May 2019, the total untaxed foreign assets mined was ₹12,500 crore.
• Recovery – Even this recovery was aided greatly by international exposes such as the Panama Papers.
• Indonesia – Indonesia recovered about ₹25 lakh crore under similar schemes.
• Tough laws – government passed an even more confiscatory law, the Fugitive Economic Offenders
Act.

Impact of black money on Economy:

• Due to parallel economy, neither government nor industries get actual picture of investment sentiments. This
creates market distortions.
• Black money means loss of tax revenue to the government. This reduces government’s capacity to spend more on
social infrastructure.
• Corruption in government projects and procurements creates low quality infrastructure.

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• As the RBI and government have no control over black money. This makes difficult for RBI to effectively target
inflation and government also face problem while deciding fiscal policy.
• Black money is further driving up the prices of real estate.
• Black money generated from drugs and smuggling is being used to operate terror networks. This threatens
national security.
• Black money further increases the inequality and poverty.
• There is a distortion in investment in economy. With black money the investment is made in high end and luxury
goods.
• Forward trading of goods by cash rich speculators cause fluctuation in prices due to hoarding.
• Black money leads to further corruption by creating a vicious cycle.
• Generating black money means that quality is compromised in public sector projects where black money is used
to manipulate tenders and offer kickbacks.

Measure taken to curb black money generation and flow:

• Tax Reforms:
o Rationalization of income tax with greater tax base and lower taxes.
o Tax deduction at source in which the tax is deducted from the payment itself by the payee.
• Institutional measures:
o CBDT
o Enforcement Directorate
o Financial Intelligence Unit
o Central Board of Excise and Customs
o Central Economic Intelligence Bureau
o Directorate of Revenue Intelligence (DRI)
o NIA
o CBI
o Police authorities
• Voluntary Disclosure Schemes: The government allows reporting black money generated through tax evasion in
a given time frame, as government has given in the Black Money Bill passed this year. During 2006-2012
government has reported nearly 26000 crore black money.
• Demonetisation: In 1978 and 2016 government demonetised high value notes to tackle black money.
• Encouraging Cashless transactions: Recently government has taken many initiatives like UPI, RuPay cards, Jan
Dhan Accounts to promote digital payments. Government is also incentivising digital payments.
• Legislative Framework:
o Prevention of Money Laundering Act, 2002
o Benami Transactions Prohibition Act, 1988
o Prevention of Corruption Act, 1988
o The Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015
o Public Procurement Bill
o Lokpal and Lokayukta Act
• International Cooperation:
o Multilateral Convention on Mutual Administrative Assistance in Tax Matters
o Financial Action Task Force
o United Nations Convention against Corruption
o At the G20’s London Summit of 2009 India played a major role in developing international consensus for
taking actions against tax havens
o FATF

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 o United Nations Convention against Transnational Organised Crime.
o Egmont Group
o Transfer Pricing Agreement of G20.

Recent initiatives taken to tackle the menace of Unaccounted/Black Income:

• Legislative mechanisms:
o Enactment of Central & various state Goods & Service Taxes Act
o Enactment of the Black Money (Undisclosed Foreign Income and assets) and Imposition of Tax Act, 2015
o Comprehensive amendment of the Prohibition of Benami Property Transactions Act, 1988
o Fugitive Economic Offenders Act, 2018
o Section 10(38) of the Income Tax Act has been amended to prevent the misuse of exemption by certain
persons for declaring their unaccounted income as exempt long-term capital gains by entering into sham
transactions
o In order to check creation of shell companies which are incorporated outside but controlled from India, the
concept of ‘Place of Effective Management’ (POEM) for determination of residence of a company
incorporated in a foreign jurisdiction, has been introduced in the Finance Act,2016
• Administrative mechanisms and Systems improvement:
o Expanding the ambit of TDS (tax deducted at source) provisions to track more transaction.
• International Cooperative mechanisms:
o With a view to facilitate and enhance exchange of information under the Tax Treaties, India is proactively
engaging with the foreign Governments and has signed Tax Treaty framework with 146 foreign jurisdictions.
E.g. Foreign Account Tax Compliance Act with the US.
o The Government of India has also joined the Multilateral Competent Authority Agreement (MCAA) for
Automatic Exchange of Information as per Common Reporting Standards (CRS).
o India has amended its Double Taxation Avoidance Agreements with Mauritius, Singapore and Cyprus to
enable measures concerning prevention of tax evasion and tax avoidance.
o General Anti Avoidance Rules (GAAR) have been implemented with a view to tacking aggressive tax
planning with the use of complicated structures
• Judicial Efforts:
o On the directions of the Supreme Court, the government in 2014 constituted the Special Investigation Team
(SIT) on black money. The SIT has so far submitted seven reports to Hon’ble Supreme Court.

Need for the Estimation of Unaccounted/Black Income:

• The unaccounted economy reduces the size of potential state revenue.
• To formulate effective monetary, labour and fiscal policy, it is crucial to know the level of precision in the
estimates of key statistics of the economy, such as, output, price-level and unemployment. Thus, it is crucial to
supplement official national accounts statistics with estimates of unaccounted economic activity.

The Standing Committee on Finance has submitted a report titled, ‘Status of Unaccounted Income/Wealth
Both Inside and Outside the Country - A Critical Analysis
• Although there is no uniform definition of unaccounted income or black money, but on a general basis it can
be said it is the income from those economic activities that circumvent or otherwise avoid government
regulation and taxation.
• It includes all illegal economic activities as well as the income from legal economic activities where the tax is
evaded.
• According to the Standing Committee’s report, the sectors that see the highest incidence of black money include
real estate, mining, pharmaceuticals, pan masala, the gutkha and tobacco industry, bullion and
commodity markets, the film industry, and educational institutes and professionals.

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• Some unaccounted economy activities, i.e., illicit trade in narcotics and arms trading, are hurtful not only for
economy, but also hazardous for society.
• It can further lead to a vicious circle of an increase in the budget deficits or tax rates.

Recommendations of the Committee Headed by Chairman, CBDT on Black Money:

• India must ensure transparent, time-bound & better regulated approvals / permits, single window delivery
of services to the extent possible and speedier judicial processes. The Electronic Delivery of Services Bill, 2011
that seeks to provide for electronic delivery of public services by the government to all persons to ensure
transparency, efficiency, accountability, accessibility and reliability in delivery of such services has been tabled
before the Parliament in December, 2011.
• The fight against the monstrosity of black money has to be at ethical, socio-economic and administrative levels. At
the ethical level, we have to reinforce value / moral education in the school curriculum and build good
character citizens, particularly highlighting the ills of tax evasion and black money. At the socio-economic level,
the thrust of public policy should be to discourage conspicuous & wasteful consumption / expenditure,
encourage savings, frugality and simplicity, and reduce the gap between the rich and the poor.
• In order to ensure transparent and efficient allocation of natural and man-made resources, oversight in the
form of comprehensive regulations, and ombudsman for grievance redressal, particularly for scarce resources - as
in land, minerals, forests, telecom, etc. - needs to be introduced and implemented expeditiously.
• Social sector schemes involving huge public expenditure under various programmes reportedly suffer from possible
manipulations and leakages. Direct transfers to the accounts of beneficiaries can provide a solution, as it would
prevent manipulations like bogus muster rolls, etc.
• There should be a dedicated training center for all law enforcement agencies dealing with financial crimes and
offences, as this requires special skills.
• To reduce the element of black money in transactions relating to immovable properties, provision for NOC should
be introduced in the Income Tax law with safeguards to reduce administrative complications and increased ease
of compliance, so that an appropriate and uniform data-base is also set up, and a proper national-level regulation is
put in place.
• The RBI could consider stricter implementation of KYC norms and limit number of accounts that can be
introduced by a single person, the number of accounts that can be maintained in the same branch by any entity and
alerts about same address being used for opening accounts in different names.
• Government must consider ways to mitigate the manpower shortage issues which are seriously hampering the
functioning of various agencies particularly the CBDT and CBEC.
• Effective battle against black money cannot be ensured unless the judicial machinery to deal with it is specialized
and the trial of offences is expeditious and punishments exemplary. The legal support to various law
enforcement agencies should be enhanced. All financial offences should be tried through fast track special courts.

What is Demonetization?
• It is a financial step where in a currency unit’s status as a legal tender is declared invalid.
• This is usually done when old currencies are to be replaced with the news ones.

Demonetisation followed a series of earlier efforts to curb illicit activities:

• Creation of the Special Investigative Team (SIT) in the 2014 budget;
• The Black Money and Imposition of Tax Act 2015;
• Benami Transactions Act 2016;
• Information exchange agreement with Switzerland;
• Changes in the tax treaties with Mauritius, Cyprus and Singapore; and

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 • The Income Disclosure Scheme. join- @ITSUPSC
The aim of the action was fourfold:
• To curb corruption;
• Counterfeiting;
• The use of high denomination notes for terrorist activities; and
• Accumulation of “black money”, generated by income that has not been declared to the tax authorities.

Implications of Demonetization:
• Parallel black economy would collapse. a. Of the Rs 17 lakh crore of total currency in circulation in the country,
black money is estimated at mindboggling Rs 3 lakh crore.
• Counterfeit currency: Death blow to the counterfeit Indian currency syndicate operating both inside and outside
the country
• On security:
o Terror financing: Terror financing is sourced through counterfeit currency and hawala transactions.
o Kashmir unrest: The four-month-long unrest in Kashmir valley is on a backburner
• North-East insurgency and Maoists: Black money is the oxygen for Maoists collected through donations, levy
and extortions. The illicit money is used to purchase arms and ammunition.

Way Forward: Black Money

The black money menace is still untamed and lot more needs to be done to tackle it. Some of the strengthening steps
that can be taken are:
• Appropriate legislative framework related to: Public Procurement, Prevention of Bribery of foreign officials,
citizens grievance redressal, whistle blower protection, UID Adhar.
• Setting up and strengthening institutions dealing with illicit money: Directorate of Criminal Investigation Cell
for Exchange of Information, Income Tax Overseas Units- ITOUs at Mauritius and Singapore have been very useful,
Strengthening the Foreign TAX, Tax Research and Investigation Division of the CBDT.
• Developing systems for implementation: Integrated Taxpayer Data Management System (ITDMS) and 360-
degree profiling, Setting up of Cyber Forensic Labs and Work Stations, implementation of Goods and Services Tax
and Direct Tax Code.
• Imparting skills to personnel for effective action: Both domestic and international training pertaining to the
concerned area. For instance, the Financial Intelligence Unit-India makes proactive efforts to regularly upgrade the
skills of its employees by providing them opportunities for training on anti-money laundering, terrorist financing,
and related economic issues.
• Electoral Reforms: Elections are one of the biggest channel to utilize the black money. Appropriate reforms to
reduce money power in elections.

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