[UPSC Interview prep feed Vol.18] Insurgency in North-East

Topic discussed:Insurgency in North-East

The Author of this post wishes anonymity. Big applause for him!

Former Prime Minister Manmohan Singh described Naxalism as the biggest internal security challenge faced by our country. Naxalism  may or may not be the biggest challenge, but the tag of “most complex challenge” should perhaps  be reserved for insurgency in North-East. The  complexity  can be explained through the following propositions and an attempt to elaborate upon these propositions  :-

·       It is an externally aided internal problem which worsened perhaps due to some errors on our part.

·         Due to multiple ethnicities, different insurgent groups claiming to represent interests of their own ethnicities have emerged. Negotiations are difficult, as demands of one group is in contradiction with the demands of the other group. Acceptance of demands of one community by the Government implies rejection of demand of the other.

   

·         Multiple insurgent groups/factions claim to represent interest of a single community. They are often  in conflict with each other more than they are in conflict with the Government. Successful negotiation with one is often fruitless, as a new faction/group emerges or the rival faction/group accuses the negotiating group of comprising the interests of their community.

·         The leadership of most of these groups realises futility of their “struggle” and insurgency is mostly a tool for covering up their organised crime activities like drug trafficking,extortion,illegitimate wealth generation,etc. In this sense, they are more of  organised crime institutions

·         The ceasefires and negotiations by these groups, may give  short periods of peace but these periods have been utilised by these terrorist groups for regrouping, strengthening, training. These groups regularly violate ceasefire rules for this purpose. 

This article will focus on the issue of Naga insurgency and associated problems in Manipur and Assam

Nagas

       At the stroke of the midnight hour, when the whole world was apparently sleeping and India woke up to life and freedom,little did we realise that some Britishers in North-East were are already burning midnight oil  for creating “Coupland Plan”(better to be referred as a conspiracy rather than a plan). The aim of the conspiracy was to create  a “Crown Colony”,independent of both India and Myanmar, in the region. The strategic objective of this conspiracy was to make the region as a  western springboard against India, China,Myanmar[1]. Although the conspiracy failed, yet  it created many groups in the region which believed in seceding from the Indian Union.

          Naga National Council, under leadership of AZ Phizo, launched a campaign for secession and conducted a “referendum” claiming that overwhelmingly large majority of Nagas desire “independence”. The movement  resorted to arms in 1955 and established a parrallel government. The Indian Government adopted a “two-track” policy in this regard, while encouraging Nagas to integrate with rest of the nation and granting them rights to protect their identity,culture and offering them a greater degree of autonomy, it was also made clear that resort to arms will not be tolerated. The armed rebellion failed in its objectivity and in 1957 Dr. Ao, a prominent naga leader, entered into negotiations with the Government. Their demand for greater autonomy was met by formation of State of Nagaland in 1963 and article 371A was added to protect their religious and social practices,customary laws and procedures(and associated civil and criminal justice administration) and ownership of land and resources. This led to loss of popular support to remnants of  Naga secessionist movement.

           However, as stated earlier, a rival faction/group often emerges challenging the agreement and uses the opportunity to fulfil ambitions of its leaders. Further, Nagas are composed of at least 17 major tribes like Sumi,Angami, Ao, Chang, Mao, lotha ,tangkhul ,zeme,etc.

Many of these tribes have serious conflicts with one another as well. Thus, despite the negotiations in 1957, insurgency continued. Dr. Ao was assassinated by rival group in 1961.  Pakistan,through the then East Pakistan,actively supported the movement. China also trained and supported these groups[2].  The breakup of Pakistan and formation of Bangladesh made it impossible for Pakistan to support this movement .In 1975, the major groups accepted Indian Constitution and laid arms signing Shillong Accord. Again some rival factions rejected the accord and formed National Socialist Council of Nagaland(NSCN).NSCN subsequently had subsequently split into NSCN(K),led by Khaplang, and NSCN(IM),led by Isak and Muivah. These factions have continuously fought violently against one another. Other factions of NSCN include Khole-kitove ,NSCN(Reform).

          NSCN(IM) entered into ceasefire with the Government in 1997. Since then, the ceasefire has been extended multiple times. However, the group has been constantly violating ceasefire rules by engaging in extortion[3] , brandishing arms freely[4].NSCN(K) and NSCN(KK) also entered into ceasefire but engaged in open extortion, gun running . Naga civil society has formed Action Committee Against Unabated Taxation, to resist such extortion by encouraging people to refuse. These groups are also playing  major role in drug smuggling and fighting between them is often for controlling this lucrative trade from the infamous “Golden Triangle”[5].  As per the ceasefire agreements, the insurgents are supposed to remain within designated camps and arms are locked with two keys (one with the government and the other with rebels), desist from extortion. However, these groups are violating the rules and using the extorted funds and time for organisational strengthening[4]. These groups have been involved in blocking of NH 39, which is an important route to Manipur[10]. Such blocking has occurred many times causing shortages and hardships in Manipur, thereby increasing discontent and insecurity there.

        In April,ceasefire with 2015 NSCN (Khaplang) was ended. However, one of the factions of  NSCN(K),disturbed by  NSCN(K)'s aggressive motives, has separated and formed NSCN(Reforms).NSCN(R) has entered into one year ceasefire with the Indian Government[6]. It appears that NSCN(K) was never serious about the negotiations and ceasefire was merely used by the group for strengthening itself. NSCN (K) had become a part of United Front of nine anti-india insurgent groups four years back. According to some, Chinese intelligence had helped these groups to come under single umbrella[7]. After ending ceasefire, NSCN(K) has ambushed 8 soldiers recently[8]. According to some, Khaplang has realised that its time to back out of India and focus on Myanmar, where the group enjoys greater leverage and withdrawal from ceasefire is merely an attempt in that direction[9].

Demands of Greater Nagaland/Nagalim

          One of the major demands of Naga insurgents groups is establishment of Nagalim/Greater Nagaland ,which will include Naga-inhabited areas of neighbouring Assam, Manipur, Arunachal Pradesh and some portions Myanmar(indeed most of the top leadership of Naga insurgent groups are from outside Nagaland). Although sovereign Nagalim is an impossibility, even reorganisation of Nagaland and neighbouring states for this purpose is difficult.  For Meitis in Manipur, territorial integrity of Manipur is of prime concern. The People’s Liberation Army (PLA), the People’s Revolutionary Party of Kangleipak (PREPAK), the Revolutionary People’s Front (RPF), United National Liberation Front (UNLF) of Manipur  will not accept Naga-inhabited areas of Manipur going to Nagaland.Any attempts to handover Naga inhabited areas in Manipur to Nagaland will increase discontent in already troubled state. Similar sentiments are present in Assam and Arunachal Pradesh. There have been many reports , wherein Nagas insurgents operating in these states have been undertaking violent actions , which needs to be strictly dealt with.  Thus it not only the conflict between Naga insurgents and centre, but it more than that its a conflict between different insurgents groups, communities and states of that region.

[1] http://www.idsa-india.org/an-apr-09.html

[2] From Kohima to Kashmir: Chasing terrorist trail by Prakash Singh

[3] http://indiatoday.intoday.in/story/north-east-rebel-groups-freely-brandish-arms-extort-protection-money-from-locals/1/223591.html

[4] http://indiatoday.intoday.in/story/north-east-rebel-groups-freely-brandish-arms-extort-protection-money-from-locals/1/223591.html

[5]http://www.idsa.in/idsacomments/NexusofDrugTraffickingandMilitancyExposedatNewDelhi_shivanandah_130411.html

[6] http://zeenews.india.com/news/india/govt-cancels-ceasefire-pact-with-naga-insurgent-group-nscn-khaplang_1586720.html

[7] https://twitter.com/Chellaney/status/595140915150196736

[8] http://indianexpress.com/article/india/india-others/nagaland-ambush-a-day-before-nscnk-had-warned-of-attack/

[9] http://www.dailypioneer.com/columnists/edit/naga-peace-threatened.html

[10] http://www.ndtv.com/india-news/manipur-deadlock-to-continue-truckers-ban-nh-39-421804

[UPSC Interview prep feed Vol.17] AIIB and BRICS Bank.

Topics Discussed: AIIB and BRICS Bank.
In Association with Yogesh Unde.

ASIAN INFRASTRUCTURE INVESTMENT BANK(AIIB)

 AIIB is a multilateral bank development bank(AIIB). AIIB, a modern knowledge-based institution, will focus on the development of infrastructure and other productive sectors in Asia, including energy and power, transportation and telecommunications, rural infrastructure and agriculture development, water supply and sanitation, environmental protection, urban development and logistics, etc.

The MoU specifies that the authorised capital of AIIB is USD 100 billion and the initial subscribed capital is expected to be around USD 50 billion. The paid-in ratio will be 20 per cent.

AIIB will complement and cooperate with the existing MDBs to jointly address the daunting infrastructure needs in Asia. The Bank’s openness and inclusiveness reflect its multilateral nature. AIIB welcomes all regional and non-regional countries, developing and developed countries, that seek to contribute to Asian infrastructure development and regional connectivity.

 The Bank was envisaged to ‘promote interconnectivity and economic integration in the region’ and ‘cooperate with existing multilateral development banks. By end October, 2014, 22 Asian countries signed a Memorandum of Understanding (MOU) to establish the AIIB and Beijing was selected to host Bank headquarters.

There is a significant gap between the region’s infrastructure financing needs and the financial resources available from existing multilateral and bilateral development institutions. With its establishment, AIIB will increase the pool of multilateral development support available to regional economies for infrastructure development and improvement. 

The development and improvement of productive infrastructure in the Asia region is important because it encourages economic growth, private enterprise and employment and reinforces regional connectivity. Infrastructure development contributes to the reduction of poverty and enables business activity through improved access to basic services, including a reliable electricity supply, efficient transport systems, clean water supply, access to sanitation services, and modern telecommunications. The AIIB will work with its members, multilateral and bilateral development partners, the private sector and civil society to provide and enhance these services within the region.


Structure

• Board of Governors will be the highest decision making body.
• Voting power would be as per share-holding and eventually as per the GDP of the nation.
• Board of Directors will be elected by the Board of Governance who will then look into the functioning of the bank. One among them will be elected as the President.

WHY CHINA WANT TO SET UP NEW BANK
(1)China, flush with the world’s biggest foreign-exchange reserves. 
(2) Anxious to convert them into “soft power”, is building an alternative architecture.
(3) It has proposed not just the AIIB, but a New Development Bank with its “BRICS” partners—Brazil, Russia, India and South Africa.
(4)a Silk Road development fund to boost “connectivity” with its Central Asian neighbours. 
(5) Failure of the existing international order to accommodate CHINA'S astonishing rise. Efforts to reform the" International Monetary Fund" are stalled in the American Congress. America retains its traditional grip on the management of the "World Bank".
(6)China sees as in its own national interest, and certainly those of its contractors: high-speed railways linking Yunnan province to South-East Asia; ports in Indonesia, Pakistan and Sri Lanka, a new Silk Road across Central Asia to Europe. 
(7) The size of Chinese and American economy are comparable and yet China only has 1/3rd the voting rights to that of USA.
(8) In ADB, both USA and Japan have a shareholding of 15.6 % whereas China stands at 6.5% only.



IT'S IMPACT ON AMERICA AND WESTERN WORLD
China has won, gaining the support of American allies not just in Asia but in Europe, and leaving America looking churlish and ineffectual. United States has chosen to remain outside the bank, seen as a rival to the U.S.-dominated World Bank. .BRITAIN,FRANCE,GERMANY and ITALY joined it.

(1)America’s reservations were at first, to discourage some of its closest Asian allies from joining the initial 21 founding members. Australia, Japan and South Korea all stayed out—though other staunch American friends such as New Zealand, Singapore and Thailand signed up.
(2) The joiners argue that China was going to launch the AIIB anyway; better to be on the inside influencing its governance. The Europeans’ accession is likely to encourage changes of heart among the refuseniks. Australia has already indicated it is reconsidering; South Korea seems almost certain to join
(3)America has, either by design or ineptitude, turned the AIIB into a test of diplomatic strength.
(4)The affair also raises the stakes in America’s increasingly frantic efforts to conclude a trade agreement, the Trans-Pacific Partnership, with Japan and ten other countries.

RESPONSE FROM JAPAN
The Manila-based Asian Development Bank (ADB) is always directed by a Japanese official. Partly for that reason—that the AIIB would amount to a diminution of Japanese influence in favour of China at a time when their relations are fraught—Japan is sniffy about the new bank. The Asian Development Bank (ADB) said  that it was ready to work with the China-led Asian Infrastructure Investment Bank (AIIB) so long as standards were met. ADB shared the importance of safeguard policies about the environmental and social protection with AIIB"

INDIAN FUTURE IN AIIB
(1)India needs infrastructure and financing, and China has money to invest. It's a perfect fit.
(2)Secondly, because both China and India have been on the same side with their struggle at IMF. 
(3)The U.S. led IMF has not been too generous with Asian countries.Asian countries LIKE INDIA have room to grow, and when her neighbors get richer, with the investment, it means China will be growing richer with them. It makes a lot of sense economically.
(4)Aid the infrastructure development in the Asian region and reduce the dependence on Western-dominated World Bank and IMF.
(5)Voting rights are  expected to be combination of GDP and Purchasing Power Parity (PPP). Based on this formula, India will be second largest shareholder of the bank after China. -

**********************************************************************

BRICS BANK

The Governments of the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People’s Republic of China and the Republic of South Africa, collectively the BRICS countries,RECALLING the decision taken in the fourth BRICS Summit in New Delhi in 2012 and subsequently announced in the fifth BRICS Summit in Durban in 2013 to establish a development bank.


WHY THERE IS NEED TO ESTABLISH NEW DEVELOPMENT BANK

(1).BRICS countries have no say in global economic institutions like (IMF,WB).For the past 15 years, the BRICS have been seen as the world’s best hope for sustainable growth. These five countries, representing 40 per cent of the world’s population and 25 per cent of its GDP in 2013, recorded growth rates 4 to 5 times greater than those of the US, Europe and Japan, and threatened to displace them as the world’s most important economic powers in another 20 years or so.
(2)The BRICS combined GDP grew 300 per cent in the last decade as opposed to 60 per cent growth registered by the developed world.



OBJECTIVES:
(1)The establishment of BRICS Bank would reflect the close relations among the BRICS countries, while providing a powerful instrument for increasing their economic cooperation
(2).Mindful of a context where emerging market economies and developing countries continue to face significant financing constraints to address infrastructure gaps and sustainable development needs.
(3)The new development bank is seen not only as support to economies of the five countries, but also good counterbalance to the IMF, the World Bank (International Bank for Reconstruction and Development, IBRD) and other creditors.
(4) to utilize resources at its disposal to support infrastructure and sustainable development projects,  public or private, in the BRICS and other emerging market economies and developing countries, through the provision of loans, guarantees, equity participation and other financial instruments;
(5) to cooperate as the Bank may deem appropriate, within its mandate, with international organizations, as well as national entities whether public or private, in particular with international financial institutions and national development banks;
(6) to provide technical assistance for the preparation and implementation of infrastructure and sustainable development projects to be  supported by the Bank;
(7) to support infrastructure and sustainable development projects involving more than one country;
(8) to establish, or be entrusted with the administration, of Special Funds which are designed to serve its purpose.

STRUCTURE

• The New Development Bank shall have an initial subscribed capital of US$ 50 billion and an initial authorized capital of US$ 100 billion. 
• The initial subscribed capital shall be equally distributed amongst the founding members. 
• The voting power of each member shall equal its subscribed shares in the capital stock of the Bank

HEADQUARTERS, ORGANIZATION AND  MANAGEMENT
The Bank will have its Headquarters in Shanghai.The Bank shall have a Board of Governors, a Board of Directors, a President and Vice-Presidents. The President of the Bank shall be elected from one of the founding members on a rotational basis, and there shall be at least one Vice President from each of the other founding members. The operations of the Bank shall be conducted in accordance with sound banking principles.


INDIA AND BRICS BANK

(1)BRICS members especially INDIA have been emphasizing the need to reform the IMF since 2009, so that the developed countries could have a more equitable system of governance in international financial institutions.
(2)According to INDIAN GOVERNMENT STATEMENT ,"The new development bank will mobilise resources for infrastructure and sustainable development projects in BRICS and other emerging economies and developing countries, to supplement existing efforts of multilateral and regional financial institutions for global growth and development,”
(3)The establishment of the bank would also reflect the close relations among BRICS countries, while providing a powerful instrument for increasing their economic cooperation.It would helpful for asserting INDIAN presence in world affairs.
(4)India missed its opportunity at the end of the World War to get a bigger stake in the UN Security Council and the Bretton Woods system. Today, with its rising economic clout, India must decide whether it wishes to participate intelligently and constructively.

[UPSC Interview prep feed Vol.16] Nepal Earthquake

Topic: Nepal Earthquake.

Massive Earthquake in Nepal

• 7.9 magnitude on the Richter Scale.
• Scientific Explanation-This was caused by the movement of the Indian Place towards the Eurasian plate. This was also the reason behind the formation of the Himalayas. The fault line passes through entire Nepal which puts it at a high risk zone.
• Nearly 7000 people have died in Nepal and about 3 million locals have been displaced.
• Rescuers from 22 countries are involved as per the UN.
• The amount of aid received by Nepal is bigger than their GDP.
• And ergo some claim that it will take decades to rebuild the country.
• A report claimed that a resident of Nepal was 60 times more likely to get killed from an earthquake than his japanese counterpart and majorly because of the rampant mindless development of infrastructure that has been taking place since long.

How did India help Nepal?

• The power grid corporation of India helped in restoring the electricity grid and now is also assisting in rebuilding the distribution network.
• India has helped to evacuate 170 nationals from about 15 Countries.
• The Indian army is helping and treating the injured in makeshift tents. India has sent doctors, medical aid and other relief supplies in 13 military aircraft. 
• Indian Air Force choppers have been carrying relief material to remote and inaccessible areas of Nepal and ferrying back this injured for treatment.
• 13 NDRF teams of about 500 people were involved in rescue operations.
• Huge quantities of tinned food, potable water, various medicines and other amenities have been provided by India.

Was Indian help politically motivated ?

No ounce of doubt that this gesture was beyond the realms of International Politics. Considering the geographical proximity we have, the long land frontier that we have, age-old strategic relations we have nurtured, the rescue capacity that we have to offer, there was no other nation in a better state to respond to this distress call of a dear friend. Operation maitri is the symbol of our warm relations and not political opportunism.

The Media Controversy?

#GoHomeIndianMedia was recently trending on twitter with the people of Nepal accusing the Indian Media of insensitive reporting. Harassing grief-stricken people with redundant and rhetorical questions is only one aspect of it. It this sad phase where most would like to have some solitude, Indian media houses and others seemed to have used them as punching bags for their TRPs which was highly disgusting a behaviour.

There are certain ground rules that must be followed. Nobody has the right to capitalise on anybody's grief. Cameras must stay away from mass funerals and display respect at all times to the dead and those in mourning. An apology by the media houses collectively would have sufficed to calm sentiments down. They do the same thing in India as well where the victims and their families are bombarded with questions at a time when they seek solitude.

Is India/Delhi prepared for such a thing?

• The capital of the country lies in Seismic Zone 4 .
• NDMA head admits that it can only issue guidelines and is literally a "Toothless Tiger!.
• The NDMA and ASI have not collaborate on the front to save the Heritage Buildings and as such there are no plans and ways to save our architectural heritage as of now.
• NDMA passes the buck to State governments which are no way prepared.
• A CAG report in 2013 had slammed NDMA for not even completing a single project on the mitigation front.
• P.K.Mishra taskforce concluded in its report that NDMA is like a Think Tank without any link to the round realities. And that there is lack of functional integration between NDMA and MHA. It was recommended that objectivity and transparency should be there in the selection of members of NDMA.
• As far as the mock drills are concerned, they are usually confined to Major Cities and not taken up in small ones which are more vulnerable to such disasters.
• As per a report published in Hindu, over 4500 large dams lack emergency action plan.
• As per a report, 90% of Shimla would be destroyed like a stack of cards in the event of a 7.5 richter scale earthquake. And similar scenario for other cities in high seismic zone.
• The "national building code" might be good but the bottom line is that it is not MANDATORY.
• For Delhi, most of the settlements are based on Yamuna's flood plane and hence the fear of being near the fault line is looming large and thus even  a modest earthquake can bring the capital to its knees.

Bend it like Japan.

• They have stringent building by laws.
• Each high rise has marked exit routes and is fitted with escape equipments.
• Use of Earthquake dampers and other technologies in buildings.
• Mobiles phones are enabled to guide people in case of such events.
• Each locality has a safe evacuation place where people can be hurriedly directed.
• All owners and tenants are required to take Earthquake Insurance.
• Regular evacuation drills to sensitize people and especially the young ones.

Earthquakes for Dummies

• Remember, the magnitude of an earthquake is shown on the Richter scale which is indicative of the amount of power released in the technical sense. 
• Whereas the intensity of destruction is talked about on the Mercali Scale.
• The point where the energy is released is called as the FOCUS or the HYPOCENTER.
• Just above the hypocenter, the corresponding point on the surface is called as the EPICENTER.
• Major causes of Earthquake: Volcanic Eruptions, folding, Plate tectonics and other anthropogenic factors. 
• But the majority of earthquakes are caused by plate tectonics.
• The P Wave is the fastest and can move in solids and liquids. It has less impact.
• The S wave is slower than P and is only found in solid media.
• The L wave causes the maximum impact and destruction.
• Normally, it's not the shaking ground itself that claims lives during an earthquake. It's the associated destruction of man-made structures and the instigation of other natural disasters such as tsunamis, avalanches and landslides.
• Almost 80% of all the planet's earthquakes occur along the rim of the Pacific Ocean, called the "Ring of Fire"; a region that encircles the Pacific Ocean and is home to 452 volcanoes (over 75% of the world's active and dormant volcanoes).
• The largest recorded earthquake in the world was a magnitude 9.5 in Chile on May 22, 1960. When the Chilean earthquake occurred in 1960, seismographs recorded seismic waves that traveled around the world. These seismic waves shook the entire earth for many days.
• An aftershock is the quake of lesser magnitude that comes in the same region after some time when the Crust adjusts itself after the movements of the plates. If the magnitude is more than the first one, than this would be called as a foreshock.

[UPSC Interview prep feed Vol.15] Naxalism

 Topic Discussed: Internal Security - NAXALISM.

Disclaimer: This is a guest post and the author wants to remain anonymous.          

 Kautilya, ancient indian strategic genius, had classified threats faced  states into 4 categories internal, extenally-aided internal, external and internally-aided external. For us internal and externally-aided internal threats became prominent since about 1980 with adoption of  “policy of bleeding India through a thousand cuts” by one of our neighbours[1]. This policy was unfortunately continued,in one form or the other, despite various regime changes in the neighbouring country. It is estimated that that about 252 districts are affected by some kind of organised internal security threats[2] , including about 173 infested by Naxalism . This series of articles on Internal Security attempts to cover internal security threats of Secessionist terrorists of J&K, Naxalism, insurgency in North-East, secessionist-terrorist  movement of Khalistan(which may be dormant for the time being, but some of its cadres are still working on revival[3] ) and other terrorist organisations. Threats like Communalism, caste-tensions, inter-state disputes may also be covered, if possible. The first article in the series is on Naxalism.  

Naxalism

History

       

          The movement emerged in 1967 in a small West Bengal village called Naxalbari located in the Terai region's chicken-neck corridor. The genesis of the problem could be traced to our failure in  implementing our own socio-economic policy in true spirit. On 2 March,1967 a tribal peasant supported by a court order had gone to till his own land and was attacked by goons of a local landlord[4]. This led to confrontation which became not only a conflict between peasants and landlords, but also took form of a violent conflict with State Authorities. Tribals armed with bows and arrows took over land ownership at many places, paddy stocks were lifted and distributed. 

The Authorities at that time took it as merely a “law and order problem”[5]. W. Bengal Government took a decision of initiating police action[6] and after about 52 days the movement was apparently suppressed but its impact was felt at many other parts of the country subsequently and the movement had spread to states of  Andhra Pradesh, Bihar, Orissa,Madhya Pradesh, UP. “Operation Steeplechase” was initiated and by 1972 all major Naxalite leaders were arrested.The death of Charu Mazumdar,one of its founders, in 1972 gave a severe blow to the movement [6]. However, the movement revived again in 1980s by formation of People's War Group(PWG) in AP which subsequently expanded itself to other states as well. Meanwhile, Maoist Communist Centre(MCC), formed in 1975 emerged as a grave threat in undivided Bihar. MCC organised even  ran parallel judicial systems  in which verdicts of “chheh inch chhota kar do”(reduce by 6 inches, meaning beheading) were frequently given. 

The total number of victims of Naxal violence per year ranged between 489 to 598 between 1996 to 1999.It may also be worth mentioning that Landlords and the so-called “upper castes” also organised their own private forces (particularly in the state of Bihar) like Ranvir Sena and Sunlight Sena. These were responsible for various brutal massacres like Lakshmanpur Bathe (in which about 60 people,including woman and children, were killed and unfortunately Patna High Court acquitted all accused due to lack of evidence[7]), Bathani Tola (in which 21 people,including woman and children, were brutally killed and unfortunately Patna HC acquitted all accused on grounds of insufficient evidence[8] ).

       

        In the year 2004, MCC and PWG merged together[9]  and the period saw increase in deaths per year due to Naxalism from 653 in 2004 to 1168 in 2010. The period of 2011 to 2013 saw substantial decline from 1169 to 342[10]. 

Current Scenario

          Although there has been a considerable decline in Naxal related violence and the group has itself admitted that its support,strength and weapons has considerably reduced [11].About 10 states are still facing naxal-related threats,the worst affected state is Jharkhand, from where about 33 % of total naxal incidents are reported, followed by Chattisgarh from where about 29 % of total incidents are reported[12].In recent past Naxals have carried out a number of serious attacks, including:-

·         2010 Dantewada attack, causing death of 76 CRPF Personnel.

·         2013 Darba Valley Attack, killing 28 people including major leaders of Congress like Mahendra Karma, Nand Kumar Patel and Vidyacharan Shukla.

·         2014 Gheeram Ghati, Sukma, causing death of 16 people including 11 CRPF Personnel

·         2015 , a series of 4 incidents one after the other between 11 April and 13 April loss of lives of 13 security personnel.

          Clearly a lot is yet to be done, particularly in the states of Jharkhand and Chhatisgarh. According to West Bengal DGP Naxals have established ties with ISI with SIMI's help[20]. This alliance could be fatal if appropriate actions are not taken. The links between Naxals and others organisations like ULFA,NCSN(IM) also needs to be taken care of. It should be kept in mind that Naxals today are less ideological and are more engaged in activities like extortion of levies[29].The annual estimates of extortion is about 1,500 crore rupees[29].In this respect Naxals are more of an organised crime institution today than an ideological force. Ideology is being mostly used today as a propaganda to shield their own crimes and gather support.    

Problems, possible way out and where we lack

        There is near consensus amongst experts that the core of the problem is socio-economic and there is a need for a “two-pronged approach”[13] (combining both law and order as well as social integration approach) abandoning the pure “law and order” approach. 

          Prakash Singh,former DGP(UP,BSF,Assam), states “it(Naxal Movement) draws sustenance from the grievances of the people which have not been addressed.Governance being what it is-inefficient,corrupt,insensitive and ,what is worse,increasingly infiltrated by criminal elements -it is unlikely that the movement would be contained in the near future.The future course of events will depend upon sagacity and wisdom of policy makers as on willingness of Naxal leaders to shed the ideological garbage and adapt themselves to changing times ”According to  EN Ram Mohan,former DG,BSF, who was tasked by Home Ministry to investigate into Dantewada Massacre, failure to implement Fifth Schedule of the constitution and land-reforms is responsible for growing menace of Naxalism[14].

          It has been estimated that 60-65 million people have been displaced for developmental projects since independence,out of which over 40% are tribals and another 40% consist of dalits and other rural poor[15]. According to Fifth Schedule , there “shall” be  a Tribes Advisory Council(TAC) in states having scheduled area (also if President directs in states not having such areas but having Scheduled Tribes) to advice the Governor on matters relating to welfare and advancement of STs. It was envisaged that TAC will protect interest of tribals , but unfortunately TACs have either not been constituted in many states or they have remained largely ineffective. Although there has been a consistent demand for constitution of empowered TACs[16].Ineffective implementation of Forest Rights Act which recognised customary land right upto 4 hectares per household, right to minor forest produce and Gram Sabha nod for land acquisition has further complicated the matters.

          Lack of development and governance structures in  Naxal affected areas is clearly visible. According to the 2001 census, about three quarters of Dantewada district (most affected by Naxal violence) consists of 1220 tribal villages. Of these, 1161 have no medical facility, 214 have no primary schools, and the literacy rate is a meagre 29 per cent for men and 14 per cent for women. 

Similarly, two other Naxalite-affected states, Bihar and Jharkhand, among the poorest states in India, have a literacy rate of 47 per cent and 54 pe cent respectively, far behind Kerala, with a 93 per cent literacy rate, and the national average of 65 per cent. Even in 2011 censsus, Dantewada recorded literacy rate of mere 33 %.Jharkhand has a maternal mortality ratio (MMR) of 278 deaths per 100,000 live births, much worse than the national average of 217. Godda along with Palamu have a MMR of 318.

   

          So much has been talked about “two-pronged strategy” and programmes like Integrated Action Plan[17], BGRF , Saranda Development Plan were launched , yet their success has been limited at best.

          For example consider the case of Saranda Plan. Saranda was liberated from Naxal control by  brave security personnel. The government envisaged Saranda Development Plan to gather support of local population by means of development. However if newspaper reports are to be believed, now there are more mines and fewer schools, the stream which provides drinking water to tribals is now red due to indiscriminate washing of iron-ore dumpers in the stream, no new health centre has been established and there is a sense of dissatisfaction amongst people[18] . Such failures on developmental front leads to loss of grounds gained by security forces. Prakash Singh also makes a similar observation and suggests regular audit of developmental work done by Government Departments in Naxal-affected areas[19].

What can be done?

          As stated earlier, the solution called the “two-pronged approach” is already known to us and there is a near-consensus, if not consensus, about its possible effectiveness. What is perhaps needed is political will to act.

On law and Order Fronts the following actions could be undertaken:-

·         Many causalities result from violation of Standard Operating Procedures[21]. The field Officers must be instructed to strictly adhere to the same.[22] 

·         Intelligence gathering could be improved through Unmanned Aerial Vehicles(UAVs).

·         More number of Locals must be inducted in CRPF and Police as they have geographical knowledge of the area and possess necessary language skills[23].

 A newspaper reports “The jawan's admission highlights why Naxals have an edge over STF, CRPF and BSF. Maoists not only know their territory like the back of their hand, but have a welloiled intelligence network and logistics support in "sangams" or village-level supporters. No familiarity with local Gondi dialect is another major problem, particularly in gathering intelligence in Bastar, that's bigger than Kerala in geographical terms. ” Special schools, on lines of Sainik Schools, may be established in tribal areas for this purpose. Salwa Judum has been declared unconstitutional by Supreme Court , yet many Officers like RK Vij[24] have stressed upon the utility of having a auxiliary force of locals. Perhaps , a revamped, more humane auxiliary force consisting of locals may be created.

·         Police Reforms as per the Supreme Court Judgement in Prakash Singh case and Soli Sorabjee Report should be implemented in letter and spirit.

·         Acquittal of all accused as in Bathani-tola and Laxmanpur-Bathe cases shake the confidence of people upon state authorities. Naxals always look for such opportunities to gain support and strengthen their propaganda. To avoid such acquittals perhaps there is need to look into reforming our laws which are too much biased in favour of the accused and make it very difficult for the prosecution to put its case. Justice Malimath Committee had recommended that our current “adversarial system” should be improved by including elements of “inquisitorial system”  and “quest for truth” should be the objective of Judicial System.[25][26]

Social Integration Dimensions:-

·         Constitution of empowered TACs and implementation of Fifth Schedule in letter and spirit.

·         Land-reforms should be carried out

·         Implementation of Forest Rights Act , PESA.

·         Reforms in PDS.Reetika Khera have found how the state of Chhatisgarh has made drastic improvements in its PDS[27]. Similar model can be replicated in other states.

·         Improving social welfare scheme by learning from success stories of TN,Kerala,Himachal Pradesh and the recent turnaround in Chhattisgarh.[28]

·         Implementation of provisions of Mines and Minerals Bill,2015 which includes,inter alia, creation of a District Mineral Foundation (DMF) and a National Mineral Exploration Trust (NMET).  The DMF is to be established by the state government for the benefit of persons in districts affected by mining related operations.  The NMET shall be established by the central government for regional and detailed mine exploration.

          In short the solutions are known to us, what is needed is willingness to act.It is worth quoting Prakash Singh again at the end “The future course of events will depend upon sagacity and wisdom of policy makers as on willingness of Naxal leaders to shed the ideological garbage and adapt themselves to changing times ”.

References:

[1] The New Khaki: The Evolving Nature of Policing in India, by Arvind Verma , https://books.google.co.in/books?id=9lIOI0MtsHQC&pg=PA111&dq=bleeding+india+through+a+thousands+cuts+zia&hl=en&sa=X&ei=IxBHVe2OGNGJuwTo54HQDw&ved=0CCcQ6AEwAg#v=onepage&q=bleeding%20india%20through%20a%20thousands%20cuts%20zia&f=false

[2] Prakash Singh's talk at IDSA, https://www.youtube.com/watch?v=XuXPyFl7MDM

[3] http://sikhsiyasat.net/2015/03/18/sad-mann-announces-to-hold-india-out-of-khalistan-rallies-during-modis-visit-to-canada/ , http://timesofindia.indiatimes.com/india/Separatist-Sikhs-in-Canada-to-intensify-Khalistan-movement-ahead-of-Modis-visit/articleshow/46543789.cms

[4] http://indiatoday.intoday.in/story/twenty-five-years-on-naxalbari-is-a-stark-symbol-of-the-revolution-that-failed/1/307248.html

[5] Address of the then Home Minister YB Chavan to Lok Sabha

[6] Kohima to Kashmir : on the terrorist trail, Prakash Singh

[7] http://www.thehindu.com/news/national/other-states/patna-high-court-acquits-all-26-accused-in-laxmanpur-bathe-massacre-case/article5218083.ece

[8] http://www.thehindu.com/news/national/article3321368.ece

[9] http://timesofindia.indiatimes.com/city/patna/PWG-and-MCC-merge-to-form-new-party/articleshow/885422.cms

[10] http://en.wikipedia.org/wiki/Naxalite%E2%80%93Maoist_insurgency#Deaths_related_to_violence

[11] http://archive.indianexpress.com/news/maoists-admit-support-down-strength---weapons-de.../1171085/

[12] Hon'ble Home Minister Rajnath Singh , https://www.youtube.com/watch?v=q5KDice1GQA

[13] http://www.idsa.in/jds/4_2_2010_NaxaliteMovementinIndia_rdixit.html

[14] http://www.outlookindia.com/article/unleash-the-good-force-/281554

[15] http://timesofindia.indiatimes.com/india/India-uproots-most-people-for-progress/articleshow/13792551.cms

[16] https://in.news.yahoo.com/eight-governors-favour-39-tribes-advisory-council-39-122831295.html

[17]http://www.thehindu.com/news/national/other-states/centre-draws-up-ninepoint-action-plan-to-develop-naxalaffected-areas/article4614800.ece

[18]http://www.thehindu.com/news/national/other-states/more-mines-fewer-schools-in-former-maoist-stronghold/article4820577.ece

[19] Dainik Jagran , http://epaper.jagran.com/epaperimages/24042015/delhi/23del-pg10-0.pdf

[20] http://timesofindia.indiatimes.com/india/Naxals-forged-ties-with-ISI-with-SIMIs-help-Bengal-DGP/articleshow/16872024.cms?referral=PM

[21]http://www.thehindu.com/news/national/crpf-suspends-17-men-for-inaction-during-chhattisgarh-antinaxal-operation/article6386512.ece ““The inquiry stated that this was a clear cut case of violation of standard operating procedures and soldier skills.”

[22]http://www.dnaindia.com/india/report-no-rambo-style-operations-in-naxal-areas-sops-being-revised-crpf-2068934

[23] http://timesofindia.indiatimes.com/india/Lack-of-knowledge-about-terrain-lingo-cripples-ops-against-Naxals/articleshow/46939835.cms

[24] http://indianexpress.com/article/opinion/columns/an-order-that-hurts/

[25] http://www.mha.nic.in/hindi/sites/upload_files/mhahindi/files/pdf/criminal_justice_system.pdf

[26] http://www.newindianexpress.com/magazine/voices/Hashimpura-and-the-Crucial-Quest-for-Truth-in-Criminal-Justice-System/2015/04/11/article2756321.ece

[27] http://www.thehindu.com/opinion/lead/pds-leakages-the-plot-thickens/article2351414.ece

[28] http://www.outlookindia.com/article/water-for-the-leeward-india/289801

[29] http://www.ndtv.com/india-news/naxalism-a-rs-1500-crore-red-corridor-empire-395751

UPSC Interview prep feed Vol.14

Topic: Some recent trending legislations

The Mines and Minerals Amendment Bill 2015

• The bill has received presidential assent and the government has drafted Rules for some of the clauses of the act.
• The main flaw with this act is that it does not address the problems of tribals mostly who own the surface land above the mineral bed.
• The act has no clause for consent or even consultation with the Gram Sabhas which would be impacted by the subsequent mining operations and projects.
• "Adiwasis"  are described in the law as "occupiers of the land" and the State govt. at a later stage can enforce them to vacate the land in contention for mining.
• Various adiwasi movements have tried to highlight the just right of the locals to get a share in the profits made by the mining corporations but it has only fallen on deaf ears.
• Many amendments have taken place to the 1957 Act, but they did not focus on these rights of the tribals.
• All this despite the SC Samatha judgement that Adiwasi have a right of informend consent and share in mineral wealth.

Ore vs Mineral 

• Ores contains minerals.
• All ores are minerals but not all minerals are ores.
• Ores have large amounts of metals. They are used to extract metals economically.
• In ores, the minerals are the native form in which the metals exist.
• Thus Ores have economic significance and Minerals have scientific significance

The Rights of Transgender Persons Bill 2014

• This was recently passed by the Rajya Sabha and now is headed to the lower house.
• Last year's landmark  judgement by the SC has definitely made a big impact on this issue.
• SC clarified that Transgender would include those who have had no surgery as well.
• Also, verifications only allowed through psychological assessment and not physical tests.
• After the SC ruling, five instructions were given to the State governments: 1000 INR per month to the parents of transgender children; Class 6-10 scholarship; scholarship for higher studies; skills training and a monthly pension scheme.
• Most states have not done most of these. Tamil Nadu has done well in this regard though.
• But all this will not help if we are not able to change the mind set of the society in general.
• These people are still treated like outcasts and the opportunities for jobs and business is simply negligible. 
• Children in schools need to be sensitized about the Third gender so that they understand them better. 
• 29 Countries across the world have legislations to provides rights to the third sex.
• The bill talks about providing reservations and financial aids to the third sex.
• On this note, the govt. has assured that they have already started working on a detailed policy dealing with the rights of the transgenders.
• Another unique thing is that it is the first private members bill passed in 45 years.

Eunuch: A person who is born male but is emasculated or castrated. If castration takes place at an early age, as is often the case, it can have major hormonal consequences. Eunuch can also refer to an intersex person whose genitals are ambiguously male-like at birth.

Hijra: The Persian word is loosely translated as eunuch in English, but unlike eunuchs, not all hijras are necessarily castrated. According to the apex court judgement, hijras are biological males who reject their masculine identity and identify either as women, or “not-men”, or “in-between man and woman” or “neither man nor woman”.

Undisclosed Foreign Income and Assets (Imposition of Tax) Bill

• The Act will apply to all persons resident in India. 
• Undisclosed foreign income or assets shall be taxed at the flat rate of 30 percent. No exemption or deduction or set-off of any carried forward losses which may be admissible under the existing Income-tax Act, 1961, shall be allowed. 
• The penalty for non-disclosure of income or an asset located outside India will be equal to three times the amount of tax payable thereon, i.e., 90 percent of the undisclosed income or the value of the undisclosed asset. This is in addition to tax payable at 30%.
• Failure to furnish return in respect of foreign income or assets shall attract a penalty of Rs.10 lakh. The same amount of penalty is prescribed for cases where although the assessee has filed a return of income, but he has not disclosed the foreign income and asset or has furnished inaccurate particulars of the same. 
• The punishment for willful attempt to evade tax in relation to a foreign income or an asset located outside India will be rigorous imprisonment from three years to ten years. In addition, it will also entail a fine. 
• Failure to furnish a return in respect of foreign assets and bank accounts or income will be punishable with rigorous imprisonment for a term of six months to seven years. The same term of punishment is prescribed for cases where although the assessee has filed a return of income, but has not disclosed the foreign asset or has furnished inaccurate particulars of the same. 
• Further, the right of appeal has been protected by providing for appeals to the Income-tax Appellate Tribunal, and to the jurisdictional High Court and the Supreme Court on substantial questions of law. 
• One time compliance opportunity – The Bill also provides a one time compliance opportunity for a limited period to persons who have any undisclosed foreign assets which have hitherto not been disclosed for the purposes of Income-tax. Such persons may file a declaration before the specified tax authority within a specified period, followed by payment of tax at the rate of 30 percent and an equal amount by way of penalty. Such persons will not be prosecuted under the stringent provisions of the new Act. It is to be noted that this is not an amnesty scheme as no immunity from penalty is being offered. It is merely an opportunity for persons to come clean and become compliant before the stringent provisions of the new Act come into force. 
• Amendment of PMLA – The Bill also proposes to amend Prevention of Money Laundering Act (PMLA), 2002 to include offence of tax evasion under the proposed legislation as a scheduled offence under PMLA. 

The Juvenile Justice (Care and Protection) Bill

• The Bill permits juveniles between the ages of 16-18 years to be tried as adults for heinous offences.  Also, any 16-18 year old, who commits a lesser, i.e., serious offence, may be tried as an adult only if he is apprehended after the age of 21 years.
• Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) will be constituted in each district.  The JJB will conduct a preliminary inquiry to determine whether a juvenile offender is to be sent for rehabilitation or be tried as an adult.  The CWC will determine institutional care for children in need of care and protection.
• Eligibility of adoptive parents and the procedure for adoption have been included in the Bill. 
• Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed.