Rajya Sabha

Study Guide

Sri Sri Academy, Kolkata Model United Nations 2024

 Agendas:
1) Discussion on the enhancement of Internal
Security Strategy with special emphasis on the
ongoing security breaches in the Union
Territory of Jammu and Kashmir and the state
of conflict in Manipur.
2) Discussion on the Issue of State Control
over Religious Institutions

Sri Sri Academy, Kolkata Model United Nations 2024

 Sri Sri Academy, Kolkata Model United Nations 2024

Table of Contents

1. Letter from the Executive Board…………………….…………….…………2

2. Internal Security Strategy…..…………………………………….………..…3

3. Terrorism and Insurgency in the UT of Jammu and Kashmir….…………….4

4. State of Conflict in Manipur……………………..………….…………….….6

5. Discussion on the Issue of State Control over Religious Institutions .……..11

6. Observation of the Supreme Court in Padmanabhaswamy Temple Case..…13

7. Other Cases………………………………………………………………….14

8. References……………………………….………………………...……..…15

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Letter from the Executive Board

Hello, perspective and distinguished senators, we welcome you to the simulation of the
Rajya Sabha at the Sri Sri Academy Kolkata Model United Nations, 2024.

Committees like ours are unique and have a charm of their own, for it is of essence that an
individual learns the policies and legislative frameworks of a country that plays such a vital
role in the international diaspora.
From the outset, it is our hope that you have begun your initial and most basic research into
the agenda and related topics. One must be aware of the Mandate of the Committee and
understand that the prospective portfolio holders have to be a better version of themselves
rather than merely being a carbon copy of their portfolios. Please do understand that the
background guide is a very basic piece of work and should serve the purpose of giving you a
mere insight and certainly shouldn't be the end of your research.
Your Executive Board is here to guide the flow of debate, and will be taking part in
substantive debate through the updates and questions to you. We do believe that quality
debate is of the greatest essence in a committee, but above that, we regard MUNs as a
constant source of learning. The information and facts you gather here and the opinions one
forms in these forums shapes the very mentality of the future leaders of a brighter tomorrow.
Thus, we will not just be your judges or moderators, but your teachers as well.
We expect participation from all of you, and for those of you who are new to the concept of
MUNs, we shall always be there for your help.
We urge you to use this background guide only as a starting point for your research. At no
point are you supposed to rely completely on it. Only when you research beyond the guide
can we ensure healthy debate.
What this Executive Board expects is that you to express an analysis of the information you
have, not to just read out that information. Moreover, we expect you all to understand the
agenda and the essence behind the same.
Lastly, we as executive board members give great priority to professionalism and
parliamentary ethics, which is exactly why we hope all Senators debate and participate with
great spirit and chivalry.
We wish you all the very best in preparing for the committee.

The Executive Board,

Rajya Sabha,
Sri Sri Academy, Kolkata Model United Nations 2024.

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Agenda Item 1:
Discussion on the enhancement of Internal Security Strategy with special
emphasis on the ongoing security breaches in the Union Territory of Jammu and
Kashmir and the state of conflict in Manipur.

Internal Security Strategy of India

National security could be understood as the ability of a nation to protect the survival or the
existence of the nation or the welfare of its people from multitude threats. These threats
endanger geographical, economic, political and socio-cultural interests of a Nation.
Further, security of a Nation is not restricted to only protecting territorial boundaries, but
also ensuring peaceful, non-discriminatory, technically sound and progressive society
with good quality of life. National security could be broadly divided into External and
Internal Security. While, External security deals with external aggression by a foreign
country. Internal security, on the other hand, is more dynamic as it deals with threats from
both state and violent non state actors. In addition, natural calamities that endanger national
interests is also part of Internal Security. In Indian context, Secessionist movements in the
Northeast and Jammu & Kashmir, Left Wing Extremism movement, terrorist attacks by
foreign and home-grown terrorist, Infiltration, illegal migration, and trafficking of arms and
narcotics breaching the country’s international borders are amongst the most significant
challenges to India’s internal security. Moreover, maintaining law and order is also a salient
feature of internal security. Thus, it could be said that, internal security is one aspect which is
perhaps of even greater importance than external security. This is primarily because in
contemporary times destabilizing a nation is easier by creating an internal security crisis
rather than by engineering an external invasion, therefore internal security has to be carefully
taken care on all fronts, whether it is cross border terrorism, cyber terrorism or organized
crime, internal security concerns cannot be ignored at any cost. \

Internal security is a very broad theme which can cover everything which threats to affect
the lives and properties of the citizens of the country. It could range from law-and-order
problems to aspects like environmental security to energy security and economic security.
The Ministry of Home Affairs (MHA) under the government of India is the nodal agency
which handles matters related to internal security. The Ministry of Home Affairs
continuously monitors the internal security situation, issues appropriate advisories, shares
intelligence inputs, extends manpower and financial support, guidance and expertise to the
State Governments for maintenance of security, peace and harmony without encroaching
upon the constitutional rights of the States.

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The main areas which are supervised by the MHA are as follows:
a) Terrorism and Counter-Radicalization Issues
b) Left Wing Extremism (LWE)
c) Maintenance of Law and Order and Organized Crime Related Issues
d) Border Management
e) Cyber Crime and Cyber Information Security
f) Disaster Management
g) Foreign Immigration
h) Role of Intelligence Agencies

Although the committee can and should discuss the whole internal security regime of India,
we have chosen to put emphasis on two important issues:

1) Terrorism and Insurgency in the UT of Jammu and

Kashmir

J&K holds tremendous strategic importance for India. Though a large part of the state is still
occupied by Pakistan but still most of the fertile and habited areas are under Indian control.
The importance of the State can be estimated by the fact that the Chinese OBOR (One Belt
One Road) project passes through PoK. Further, Pok has become a transit point for the China
Pakistan Economic Corridor (CPEC), which implies that the location of the State is such that
it has the capacity to serve as a transit point for India for Central Asia, Pakistan as well as
China.
Moreover, presence of tremendous water resources in the state and the fact that several
important rivers like the Indus River system passes through the state, grants it the importance
with respect to the interests of Pakistan as Pakistan becomes the lower riparian state in these
cases. Therefore, Pakistan has been very keen to consolidate its hold beyond the PoK and
into the Indian Kashmir and thus it is trying to accomplish by sponsoring anti-India
militancy in the State.

Abrogation of Article 370

The abrogation of Article 370 in August 2019 revoked Jammu and Kashmir's special status,
integrating it fully with India. This move aimed to promote development and curb terrorism
by bringing the region under direct central governance. While it led to increased security
measures, restrictions, and communication blackouts initially, terrorist activities in the region
have persisted, though their frequency fluctuates. Supporters argue that the abrogation
weakens separatist elements and foreign interference, particularly from Pakistan. Critics
claim it has fueled alienation among locals, potentially serving as a recruitment tool for
extremist groups, making its long-term impact on terrorism still contested.

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Recent Incidents
• June 9, 2024: the Reasi district of Jammu and Kashmir, saw a significant terrorist attack
which tragically claimed the lives of several civilians. This attack occurred in the Kandi
area of Reasi, a region that has seen sporadic militant activities in recent years, despite
overall efforts to stabilize the situation. The attack took place in the remote Kandi area,
a region characterized by its challenging terrain and dense forests, which the militants
exploited to their advantage.
• On June 9, a Lashkar-E-Taiba module carried out a terror attack on a civilian bus which
was carrying several Hindu Pilgrams who were moving towards Vaishno Devi. The
attack took place around 6:10 PM when the bus, filled with about 50 passengers, was
moving from the Shiv Khori shrine to Katra. As the bus travelled through an isolated
area near Taryath, the terrorists who were believed to be between two to three in number,
ambushed the vehicle from a small hill surrounding the road. In total 9 were killed
which included the driver and conductor and as many as 33 were injured. The incident
saw strong condemnation from the central government. Senior ministers of the cabinet
expressed outrage over the attack of the terrorist on the civilians. The home minister
Amit Shah chaired a high-level meeting on the security situation in Jammu and Kashmir.
During the meeting, Shah directed stringent action against terrorism supporters in
Jammu and called for comprehensive security arrangements for the upcoming Amarnath
Yatra. The home minister directed the security forces to replicate the success of Kashmir
valley in Jammu by its Domination Plan and Zero Terror Plan. He also focussed on
providing security to Pilgrams going in that area.
• Opposition leaders from different parties expressed their deep sorrow and anger over
the tragic loss of life in Reasi. Senior leaders condemned the action and targeted the
government over the security lapse in the region. Congress leaders called the BJP calling
Jammu and Kashmir a peaceful state a propaganda and condemned them for not able to
protect the people of the nation. Leaders like Rahul Gandhi, Mallikarjun Kharge were
the ones to heavily criticize the government.
• July 2024, Doda District: Four Indian soldiers, including an officer, were killed in a
gunfight with militants. The attackers had infiltrated from Pakistan.
• July 8, 2024, Kathua District: Five Indian soldiers were killed and five others injured
in an ambush on an army convoy.
• August 2024, Rajouri District: Militants attacked an army post, leading to the deaths
of two soldiers.
• July 2024, Kupwara District: A soldier was killed in a counter-terror operation where
two militants were also neutralized.
• April 2024, Poonch District: An army convoy was ambushed, resulting in the deaths
of five soldiers and injuries to others.
• January 2024, Dhangri Village: Seven Hindus were killed in two back-to-back terror
strikes

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With such a volatile situation brewing up in the valley, its of utmost importance to revisit
and deliberate upon the Internal Security parameters set for the UT of J&K.

2) State of Conflict in Manipur

The conflict ongoing in the state of Manipur dates back to the 1950s to present day and has
led to an innumerable number of deaths of citizens and various members of the tribe there.
The state of Manipur was an independent princely state, which was taken over by the British
in 1891 and then merged with the Indian Union on 21st September, 1949.

In the early 1700s both Manipur and Myanmar were independent kingdoms and the then
King of Manipur, Maharaja Pamheiba or Garibaniwaj invaded his Eastern neighbour Burma
(as it was then known) several times. The Burmese rulers retaliated with their forces and
brutally attacked Manipur and this came to be known as the “seven years of devastation” of
Manipur. The British eventually helped the Maharaja to drive out the Burmese forces.
However, the British did not act with any good in their hearts and this conditional help led to
Manipur virtually losing its independence and the control of its administration. This resulted
in the Anglo-Manipur War of 1891 which resulted in the brutal loss of the Manipuri army
due to lack of advanced warfare machinery. The British established absolute dominion over
the state of Manipur but placed a member of the royal family of Manipur on the throne,
Meidingngu Churachand.

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Eventually after the Second World War and the attack of the Japanese forces on the capital
of Manipur, Imphal, the son of Meidingngu Churachand s was asked to meet with
representatives of the Indian Government in Shillong and after a few days of negotiations
signed an instrument of accession with India on 21 September 1949.
Manipur’s merger with India in 1949 laid the groundwork for the nascent stages of
resistance and separatist movements and remains at the heart of the dispute between
New Delhi and many restive portions of the Northeast.

THE ARMED FORCES (SPECIAL POWERS) ACT OF 1958

The Armed Forces (Special Powers) Act was enacted by the Parliament of India on September
11th, 1958. The Act came into force on the same day after receiving the President’s assent.
This was imposed upon the areas of Naga Hills. This is a Parliamentary act that grants special
powers to the Indian Armed Forces and the state and paramilitary forces in areas classified as
“disturbed areas”. The Armed Forces Special Powers Act (AFSPA) grants the military
sweeping powers, including arrest without warrant and the use of lethal force, which many
believe has led to human rights abuses in the state. This act has been widely referred to as a
draconian law because it gives the armed forces wide powers to shoot, arrest and search, all in
the name of “aiding civil power.” It has also contributed to a deep trust deficit between the
state and central government in Manipur. The central government argues it has been necessary
for maintaining order in areas with a history of insurgency as it bears harm to India’s security.
In 1980, the Act was imposed upon the entire state of Manipur. This lead to increased military
operations in the entire state. During this time, the insurgent movements among both the Meitei
and the Kuki tribes gained strength, deteriorating the internal security of Manipur. The
imposition of The Armed Forces (Special Powers) Act in the entire state also led to increased
distrust between the government and tribal groups as they viewed the military actions as
oppressive.
The Kuki-Meitei conflict is rooted in ethnic, political, and socio-economic issues. The Meiteis,
who are predominantly Hindu and mainly reside in the Imphal Valley, and the Kukis, who are
predominantly Christian and live in the surrounding hill districts, have had historical tensions.
The Kuki community has often felt marginalised and discriminated against by the Meitei-
dominated state administration. Longstanding tensions between the two communities have
revolved around competition for land and public jobs, with rights activists accusing local
leaders of exacerbating ethnic divisions for political gain.

During the 2000s, Meitei political dominance continued, leading to further alienation of the
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Kuki and other tribal communities. The Meiteis controlled the state government, while the
Kukis and Nagas demanded greater autonomy and protection of their lands in the hills

SHARMILA CHANU
Irom Sharmila Chanu is a human rights activist of Manipur and political leader. She became
internationally known for her prolonged hunger strike against the Armed Forces (Special
Powers) Act (AFSPA). Sharmila was deeply affected by the violence and human rights abuses
that occurred under the AFSPA, which she believed led to the deaths of innocent civilians.

Her protest began in 2000 after a tragic incident in Malom, where ten civilians were allegedly
killed by the armed forces. Sharmila's hunger strike was a form of nonviolent resistance aimed
at drawing attention to the plight of people in Manipur and advocating for the repeal of
AFSPA.

In the 2010s, the Meitei community began demanding Scheduled Tribe (ST) status, which
would grant them access to the constitutionally protected hill areas. This was strongly opposed
by the Kukis, who feared that such a move would undermine their rights to the land and
resources in the hills. Obtaining the Scheduled Tribe status safeguards to preserve their culture,
language, and identity. The Meiteis argue that they were recognised as a tribe before the
merger of Manipur with India in 1949 but lost their identity after the merger in India. Tensions
between the Meitei and Kuki communities occasionally flared into violence, with clashes often
centering on land disputes and political representation. Insurgent groups on both sides
continued to engage in armed resistance, further destabilising the region.

On May 3, 2023, violence erupted between the Meitei and Kuki communities in the
Churachandpur district. The conflict began after a peaceful protest march organised by the All
Tribal Student Union of Manipur (ATSUM) against the Manipur High Court’s
recommendation for the Bharatiya Janta Party (BJP) to recognize the Meitei as a Scheduled
Tribe (ST). The violence escalated from burning the Anglo-Kuki War Memorial to destroying
homes and killings, displacing about 5,000 people within 48 hours. Within two months, the
number of displaced individuals soared to 60,000, the death toll reached 70, and over 1,700
buildings, including homes and religious structures, were reduced to ashes. Social media
disinformation and misinformation fueled further violence, including the use of rape as a
weapon. Additionally, the looting of about 3,000 arms and ammunition from police stations
and state armouries exacerbated the conflict. Several reports of sexual violence against women
emerged during the conflict. Videos surfaced of women being paraded naked, assaulted, and
subjected to horrific abuse. These incidents sparked outrage across India and drew widespread
condemnation from human rights organisations. The violence against women became a
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symbol of the brutality of the conflict.

The Kuki tribe are strongly against the motion for the Meitei tribe to be recognised as a
Scheduled Tribe as they believe the Meitei tribe will take this title as a chance to identify the
illegal immigrants and eviction drives in Kuki villages under the pretext of encroachment of
state forest land. These policies widened the existing tensions between the two tribes.

On May 29, 2023, Union Home Minister Amit Shah visited the state for three days. He met
with Meitei and Kuki groups, resulting in the formation of a unified command, headed by
Singh, responsible for restoring security in the region and the subsequent formation of a 51-
member peace committee under the leadership of the governor of Manipur. However, both the
Meitei and Kuki groups refused to join the peace committee.

In August 2023, Amit Shah declared that the situation in Myanmar had added to the ongoing
conflict in Manipur and announced that the porous border between Manipur and Myanmar
would be fenced and the free movement regime (FMR) would be suspended. The Meitei
supported this but the Kuki and the Nagas opposed this.

As of 2024, the conflict between the Meitei and the Kuki group continues with periodic violent
outbreaks and protests from the people.

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Agenda Item 2:
Discussion on the Issue of State Control over Religious Institutions
Our Country India is the birthplace of several religions, Hinduism, Buddhism, Jainism, and
Sikhism, and home for thousands of years to Jewish, Zoroastrian, Muslim, and Christian
communities. Due to the vast diversity of the nation and different people following different
religions there are several laws regarding the control of the religious institutions.
Article 26 of the Indian Constitution: gives religious denominations and sections the
freedom to manage their religious affairs, institutions, and property. Article 26 helps to
uphold India's secular fabric by ensuring religious diversity and freedom. It allows religious
communities to manage their religious affairs independently, without external interference.
(a) Establish and maintain institutions for religious and charitable purposes;
• This clause of the act allows all religious groups of the nation to set up and run
different religious institutions such as churches, monasteries, mosque etc. They have
full control over them and they can be used to serve the society and contribute to the
social causes of the nation.
(b) To manage its own affairs in matters of religion;
• Religious groups have the autonomy to manage their religious practices, traditions,
and rituals without interference from the state. This clause preserves the freedom of
religions to maintain and govern their internal matters in alignment with their beliefs
and customs.
(c) To own and acquire movable and immovable property;
• Religious groups can own property—whether movable (like money or assets) or
immovable (like land or buildings)—for the purpose of religious and charitable
activities. This provision allows them to acquire and manage resources necessary for
their functioning.
(d) To administer such property in accordance with law.
• While religious groups have the right to manage their property, they must do so in
accordance with the law. This ensures that the administration of such property is
transparent and follows legal guidelines, preventing misuse or mismanagement.

The rights under Article 26 rights are not absolute and are subject to:
• Public order: If the exercise of religious freedom disturbs public order, the state can
intervene.
• Morality: Practices that go against the moral standards of society may be restricted.

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• Health: Religious practices that might harm public health can be regulated or
prohibited.

On the other hand, Article 25 of the constitution says :

Article 25 guarantees the freedom of conscience, the freedom to profess, practice, and
propagate religion to all citizens.
• The freedoms are subject to public order, health, and morality.

• This article also gives a provision that the State can make laws:
• That regulates and restricts any financial, economic, political, or other secular
activity associated with any religious practice.
• That provides for the social welfare and reform or opening up of Hindu
religious institutions of a public character to all sections and classes of Hindus.
Under this provision, Hindus are construed as including the people professing
the Sikh, Jain, or Buddhist religions, and Hindu institutions shall also be
construed accordingly.
• People of the Sikh faith wearing & carrying the kirpan shall be considered included in
the profession of the Sikh religion.

Article 25, 26 provide freedom to different religious groups to manage their religious
institutions it is not the same case with Hindu temples. The framers of the Constitution,
being aware of the temple entry movement, advisedly provided a separate power under
Article 25(2)(b) which empowers the state to enact laws “providing for social welfare
and reform or the throwing open of Hindu religious institutions” to “all classes and
sections of Hindus”.
➢ Hindu Religious and Charitable Endowments Acts: There are some state specific
laws as such as the Tamil Nadu Hindu Religious and Charitable Endowments
(HR&CE) Act, 1959, which empower the state to take over the administration of
Hindu temples. These laws allow the government to appoint temple trustees and
manage temple properties and finances.
➢ Temple Administration: The temple administration of most of the big temples with
substantial income and property are under the control of the State governments. This
includes appointing temple boards, trustees, and even controlling revenues generated
by these temples. States like Tamil Nadu, Andhra Pradesh, Karnataka, Kerala, and
Odisha have laws that allow for this level of control. This sometimes interferes with
the norms and rituals of the temples.
The state control over Hindu temple has also raised many questions regarding the freedom
and challenges the secularism of the nation. Secondly it interferes with religious practices
and rituals of the temples and also leads to plundering the resources of the temples.
Although the Hindu institutions are under the state control the other religious institutions of
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other religions of the minority such as those of Muslims and Christians, have full
administrative autonomy. However, they are subject to certain regulations, particularly when
it comes to education
The term minority includes only those non-documents group of the population which possess
and wish to preserve stable ethnic, religious or linguistic traditions or characteristics
markedly different from those of the rest of the population.
Similarly, minority-run educational institutions are granted certain rights, but they must
conform to the broader regulations governing education in the country, such as the right to
equality in access and prohibition of discrimination.
Article 30 confers on all minorities—religious or linguistic—the right to establish and
administer educational institutions of their choice. These words have been interpreted by the
courts to mean that the founding fathers of the Indian Republic wanted to give the
minorities’ unbridled freedom to run educational institutions with bare minimum
interference from the government.

Observation of Supreme Court in Padmanabhaswamy

Temple Case

The Supreme Court ruling in favour of religious autonomy in the case of the
Padmanabhaswamy Temple has been widely welcomed throughout India as it overruled the
Kerala High Court’s ruling which took away the Travancore family’s rights to manage the
temple. The Padmanabhaswamy Temple originally built in the 6th century was rebuilt by the
Travancore Royal House in the 18th century. The Travancore Royal House originally ruled
over Kerala and parts of Tamil Nadu before its integration into the Indian Union in 1947.
Although even after independence, the temple continued to be managed by the royal family
for whom Lord Padmanabha (Vishnu) is their family deity.
The case was brought to Kerala High Court by a retired IPS officer, T.P. Sundara Rajan
when he filed a public interest litigation (PIL) in 2007 questioning the temple’s management
by the Travancore family. He sought state intervention because he wanted better
management and the safety of the vast treasures which are said to be in the vaults underneath
the temple.
The Kerala High Court ruled in favour of the state that a trust should be created to manage
the Padmanabhaswamy temple. The High Court (HC) had ruled that the successor to the
erstwhile royals could not claim to be in control of the Sree Padmanabhaswamy Temple after
the amendment of definition of 'Ruler' in Article 366 (22) of the Constitution of India. The
last ruler of Travancore died in 1991, so there is no ruler in the erstwhile state of Travancore.
The state of Kerala is the current "ruler" and is therefore responsible for the administration
and control of the temple.
However, later on an appeal the Supreme Court of India overturned this decision in 2020,
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ruling that the Travancore royal family would continue to administer the temple. The
Supreme Court's decision was based on the customary law that members of the royal family
have shebait rights even after the last ruler dies. The Supreme Court ordered the temple to
repay the state government Rs 11.70 Crores for the temple's maintenance and security. The
Supreme Court established an Administrative Committee to oversee the temple's
administration, with the Thiruvananthapuram District Judge as the chairperson. The Supreme
Court also suggested an Advisory Committee to be made up of a retired High Court Judge, a
person nominated by the Trustee, and a chartered Accountant nominated by the Chairperson.

Other Cases
➢ Shirur Mutt Case (1954): The Supreme Court established that the state could
regulate secular activities of religious institutions but not interfere in their religious
practices, setting a precedent for limited state control.

➢ Chidambaram Temple Case (2014): The Supreme Court struck down the Tamil
Nadu government’s takeover of the Chidambaram Natarajar Temple, emphasizing the
autonomy of religious institutions in managing their own affairs.

➢ Jagannath Temple Case (2023): The Orissa High Court allowed state oversight of
the Jagannath Temple's administrative matters, reinforcing that state intervention is
justified when managing secular aspects like finances, while preserving religious
autonomy.
At this juncture the lawmakers of Rajya Sabha should have a robust discussion on this issue
and reach to a legislative and policy-oriented conclusion of this.

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References

• https://www.bbc.com/news/articles/c3ggm5j0lzzo
• https://www.ndtv.com/india-news/national-investigation-agency-to-probe-
jammu-and-kashmir-bus-attack-
5907307#:~:text=The%20terrorists%20opened%20fire%20at,the%20NIA%2C
%20an%20official%20said.
• https://www.indiatoday.in/india/story/explained-why-jammu-experiencing-rise-
terrorist-activity-2552969-2024-06-14
• https://www.drishtiias.com/daily-news-analysis/the-padmanabhaswamy-temple-
case
• https://www.usip.org/publications/2023/06/understanding-indias-manipur-
conflict-and-its-geopolitical-implications
• https://www.aljazeera.com/amp/news/2023/8/9/why-ethnic-violence-in-indias-
manipur-has-been-going-on-for-three-months
• https://byjus.com/free-ias-prep/right-to-freedom-of-religion-articles-25-
28/#:~:text=Article%2026%20(Freedom%20to%20manage%20religious%20affa
irs)&text=The%20right%20to%20form%20and,property%20according%20to
%20the%20law.

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