Challenges to Internal Security of India PDF

Loading...
Loading...
Loading...
Loading...
Loading...
Loading...
Loading...

Summary

This book discusses the challenges to internal security in India. It covers historical background, current status, and approaches to addressing these challenges. The book is helpful for UPSC aspirants preparing for the civil services exam.

Full Transcript

Challenges to INTERNAL SECURITY of India Third Edition About the Authors Ashok Kumar has completed his B.Tech, and M Tech. from Indian Institute of Technology (IIT), Delhi. He joined Indian Police Service (IPS) in 1989 and has served in various challenging assignments in...

Challenges to INTERNAL SECURITY of India Third Edition About the Authors Ashok Kumar has completed his B.Tech, and M Tech. from Indian Institute of Technology (IIT), Delhi. He joined Indian Police Service (IPS) in 1989 and has served in various challenging assignments in UP and Uttarakhand. He has also served in CRPF and BSF on deputation basis. Presently, he is posted as Director General, Crime, Law & Order, Uttarakhand. Before this assignment , he was Chief of Intelligence & Security, Uttarakhand. He received the UN Medal for serving in strife-torn Kosovo in 2001. He was awarded the Indian Police Medal for Meritorious Services in 2006 and President’s Police Medal for Distinguished Services in 2013. He has authored a path-breaking book titled ‘Human in Khaki’, which received GB Pant Award from Bureau of Police Research & Development (BPR&D), MHA. Recently, he has authored two more books, ‘Cracking Civil Services -The Open Secret’ and ‘Ethics for Civil Services’. Vipul Anekant has completed his B.Tech, from Malaviya National Institute of Technology (MNIT), Jaipur. He was a student of Tata Institute at Social Sciences (TISS), Mumbai. He joined DANIPS in 2012. Presently, he is posted as Sub-Divisional Police Officer, Khanvel, Union Territory of Dadra & Nagar Haveli. Challenges to INTERNAL SECURITY of India Third Edition Ashok Kumar, IPS DG Crime, Law & Order, Uttarakhand Vipul, DANIPS SDPO, Dadra & Nagar Haveli McGraw Hill Education (India) Private Limited Published by McGraw Hill Education (India) Private Limited 444/1, Sri Ekambara Naicker Industrial Estate, Alapakkam, Porur, Chennai - 600 116 Challenges to Internal Security of India, 3e Copyright © 2019 by McGraw Hill Education (India) Private Limited. No part of this publication may be reproduced or distributed in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise or stored in a database or retrieval system without the prior written permission of the publishers. The program listings (if any) may be entered, stored and executed in a computer system, but they may not be reproduced for publication. This edition can be exported from India only by the publishers, McGraw Hill Education (India) Private Limited Print Edition: ISBN-13: 978-93-5316-717-2 ISBN-10: 93-5316-717-5 Information contained in this work has been obtained by McGraw Hill Education (India), from sources believed to be reliable. However, neither McGraw Hill Education (India) nor its authors guarantee the accuracy or completeness of any information published herein, and neither McGraw Hill Education (India) nor its authors shall be responsible for any errors, omissions, or damages arising out of use of this information. This work is published with the understanding that McGraw Hill Education (India) and its authors are supplying information but are not attempting to render engineering or other professional services. If such services are required, the assistance of an appropriate professional should be sought. Typeset at The Composers, 260, C.A. Apt., Paschim Vihar, New Delhi 110 063 and printed and bound in India at Cover Image Source: DAL Cover Designer: Creative Designer Visit us at: www.mheducation.co.in Write to us at: [email protected] CIN: U80302TN2010PTC111532 Toll Free Number: 1800 103 5875 The views and opinions expressed in this book are purely of the Author and not of any Government body or agency, the Uttarakhand Police or the Publisher. The book is published with the intention to only provide information related to the topics given in the syllabus of the Civil Services Main Examination. 1. Report of 2nd Administrative Reforms Commission (ARC) 2. Report of Punchhi Commission 3. Annual Reports of Ministry of Home Affairs (MHA) 4. MHA Website 5. Websites of various Security Forces likes BSF, CRPF, CISF, etc. 6. BSF publication—Man Who Saw Tommorow 7. National Disaster Management Plan The book has got excellent and overwhelming response from the aspirants. The main feedback about the book is that it is concise, logical, analytical and to-the-point. No book can ever be sufficient for CSE. This is an exam which requires you to think, analyse and express your thoughts in your own words. Mere reproduction is not going to get you through in this mega exam. You have to use your intellect to understand the question and then, write an answer in your own words which is concise, to-the-point and analytical in approach. So, no book can give you readymade answers for UPSC. Our attempt, as mentioned in the Preface to the 1 st Edition, is to provide a conceptual background to the aspirants, so that they can understand and analyse the issues. Aspirants have to keep themselves updated through Ministry of Home Affairs (MHA) website and newspapers/magazines, especially on current issues of Internal Security and form their opinion and answers accordingly. Our only advice is that you should not get swayed by any particular philosophy or school of thoughts; instead you should have a balanced view point. National security should be supreme in your approach. No one should be above the Constitution and the Law of the land. In this third edition, we have mainly updated the chapter on Terrorism and on Kashmir. Though minor additions have been made in almost all the chapters. We have done away with annexure 4 and included the gist of it in chapter 12 (Disaster Management) itself. We have also added few maps to bring in more clarity to the readers. Also, more questions have been added at the end of each chapter. My whole hearted thanks to Aman Amit , without whom this revision would not have been possible. He is full of energy and comes up with the new ideas. Please email your feedback to [email protected] or you can post your feedback on my Facebook page ashokkumarips. With best wishes! Ashok Kumar Publisher’s Note: McGraw Hill Education (India) invites suggestions and comments, all of which can be sent to [email protected] (kindly mention the title and author name in the subject line). Piracy-related issues may also be reported. The idea of this book came to my mind when some aspirants appearing for the Civil Services examination approached me for guidance regarding the topics on Internal Security and Disaster Management in the new syllabus framed by the UPSC for the main examination. When I saw the syllabus, I realised that it may be quite cumbersome for someone who has not dealt with the topic at all. The syllabus has been so framed that it would not be easy for candidates to answer the questions related to the topic unless they have a reasonable depth of understanding of the subject. The syllabus covers not only the important aspects of the emerging challenges of internal security that India faces today, but its language was also highly technical. One could easily be misled about the areas that needed to be studied to cover the whole of the syllabus. One needs to have a deep understanding of the complex issues of national security to get a grip on the syllabus. When I discussed with these young aspirants about the syllabus and what they had been studying, I was surprised about the perception they had about the new syllabus. I found that the syllabus had not been interpreted in the proper perspective by the aspirants and many a times the focus was diverted from the real issues. This motivated me to write this book to help the young aspirants, so that they would not be misguided by the various coaching institutes and also would not have to spend hours surfing the internet, finding out the real meaning of ‘External State and Non-State Actors’ or ‘Linkages between Development and Spread of Extremism’. Internal Security is a vast subject. India faces tremendous challenges on its internal security front. Kashmir and North-East have been long-standing problem areas, but more recently, the ugly face of terrorism has been raising its head all across the hinterland of the country. The problem has been aggravated by transnational organized criminals joining hands with various anti-India forces. Naxalism is now spread over 223 districts of the country which comprises almost one third of the whole country’s area and population. Apart from terrorism / extremism, we are also facing law and order issues due to various kinds of conflicts caused by communal, caste and ethnic tensions as well as regional aspirations. The new age technology like internet, mobile, social media has brought new challenges including the cyber security. The new age technology also makes it easier for the spread of various ideologies and hate campaigns. The Uttarakhand disaster of June 2013, that resulted in around 5000 deaths has demonstrated how poorly we are equipped in managing natural disasters of gigantic magnitude. Therefore, we have included a chapter on Disaster Management at the end. We have incorporated many invaluable recommendations made by the Administrative Reforms Commission (2nd ARC) so that candidates need not go through the whole ARC Reports for preparation of topics related to internal security. Apart from the ARC reports, we have also included suggestions from important Government Committees and Reports of MHA wherever necessary on matters related to internal security. I am sure that this book will give the young aspirants a fair idea of the security challenges that our country faces today. Our approach has been to explain the historical background, current status and the way forward to deal with these challenges. My efforts are to make this book most authentic on the subject to make it a valuable tool for aspirants preparing for the prestigious civil service examination in the country. This book is meant to provide a conceptual framework to understand and analyse the issues involved. However, internal security being a rapidly changing subject, aspirants are advised to focus on current issues related to internal security and keep themselves updated. My co-author Vipul has been associated with me all through this process. We have been discussing on what all should be included in a particular chapter and what key issues should be made part of this book. He has been a great help throughout. I would like to thank Mr. Amit Kumar Jain for his significant contribution in shaping the book. His suggestions have been very useful specially in the chapter on Left Wing Extremism. My thanks to Mr. O.P. Upadhyaya, Commandant BSF, for his contribution in chapters on “Border Management” and “Security Forces and Agencies”. My special thanks to Mr. Nikhilesh Neogi who has sacrificed his weekends to help me in compiling and editing the book. My special thanks also to Mr. Prakash Kannath of McGraw Hill Education for his continuous and fruitful engagement during the publishing of the book. I am sure that this book will not only help the UPSC aspirants in GS paper III of the main examination but also for the Essay paper as it will give a clear insight into the issues so that candidates can plan and organize their essays related to such topics in a much better way. The key issues discussed in this book will also be of help to candidates lucky enough to face the interview board for their Personality Test. I wish all readers the best in their endeavour. Suggestions for further improvement are welcome and can be sent to [email protected] Ashok Kumar About the Authors Disclaimer References/Acknowledgements Preface to the Third Edition Preface to the First Edition Chapter 1 Internal Security 1.1 Internal and External Security 1.2 Major Challenges to Internal Security 1.3 Factors Responsible for Internal Security Problems 1.4 Internal Security Doctrine 1.5 External Security of India: Major Issues Probable Questions Based on this Chapter Chapter 2 Terrorism—Role of External State and Non-State Actors 2.1 Classification of Terrorism 2.2 Categorisation of Terrorism in India 2.3 Growth of Hinterland Terrorism 2.4 Attempts to Revive Khalistan Movement 2.5 Reasons for Spread of Terrorism 2.6 Key Issues 2.7 Analysing the Level of Preparedness Against Terrorism 2.8 What More can be Done? 2.9 What is the Difference Between Terrorism, Insurgency and Naxalism? Probable Questions Based on this Chapter Chapter 3 Jammu and Kashmir Militancy 3.1 Historical Background 3.2 Kashmir Militancy—Low Intensity War or Proxy War by ISI 3.3 Pulwama and Balakot: A Paradigm Shift in Strategy Against Terrorism 3.4 Government of India’s Development-Oriented Programmes in Kashmir 3.5 Key Issues Probable Questions Based on this Chapter Chapter 4 Insurgency in the North-East North-East 4.1 Historical Background of the North-East 4.2 State-Wise Status 4.3 Factors Responsible for Insurgency in the North- East 4.4 Government’s Response to North-East Extremism 4.5 Act East Policy 4.6 North-East Insurgents and their Foreign Links 4.6 Counter-Terrorism—Steps Being Taken/Required 4.7 Key Issues Probable Questions Based on this Chapter Chapter 5 Left-Wing Extremism: A War Upon the State 5.1 What is Left-Wing Extremism (LWE) or Naxalism (As it is Popularly Called)? 5.2 Evolution of Naxalism in India 5.3 Party Structure 5.4 Aims and Objectives and Modus Operandi of the Naxalites 5.5 Links with Other Terrorist Organisations and Foreign Countries 5.6 Naxalites are not Really the Messiahs of the Downtrodden 5.7 Factors Responsible for Rise of Naxalism 5.8 Fight Against Naxalism 5.9 The Way Forward 5.10 Key Issues Probable Questions Based on this Chapter Chapter 6 Linkages between Development and Spread of Extremism 6.1 Major Components of Development 6.2 Factors Responsible for Spread of Extremism 6.3 Positive Impact of Socio-Economic Development on Reducing Extremism 6.4 Constitutional and Legal Safeguards for Tribal Population 6.5 What Should be Done? Probable Questions Based on this Chapter Chapter 7 Communal Violence 7.1 Secularism—Indian Context 7.2 Historical Background 7.3 Factors Responsible for Communal Riots 7.4 The Way Forward Probable Questions Based on this Chapter Chapter 8 Organised Crime 8.1 What is the Meaning of ‘Organised Crime’? 8.2 What is Transnational Organised Crime? 8.3 Different Types of Organised Crimes 8.4 What are the Links Between Terrorism and Organised Crime and How are They Relevant in the Indian Context? 8.5 The Future of the Link Between Terrorism and Organised Crime and How They can be Broken 8.6 UN Convention Against Transnational Organised Crime and the Protocols 8.7 Money Laundering 8.8 Black Money 8.9 Maharashtra Control of Organised Crime Act (MCOCA), 1999 Probable Questions Based on this Chapter Chapter 9 Cyber Security and Role of Social Media 9.1 What is Cyber Security? 9.2 Cyber Threats 9.3 Snowden Revelations 9.4 Threat to India’s Cyber Space 9.5 Steps Taken by the Government of India 9.6 Legal Framework 9.7 International Cooperation in Cyber Security 9.8 Social Media 9.9 Key Issues Probable Questions Based on this Chapter Chapter 10 Security Challenges and their Management in Border Areas 10.1 Challenges of Border Security 10.2 India’s Land Boundaries with Her Immediate Neighbours 10.3 Coastal Security and Island Territories 10.4 Challenges to Managing our Borders 10.5 Techniques of Effective Border Management 10.6 The Kargil Review Committee Report and Its Observations on Border Management 10.7 Securing the Coasts and Island Territories 10.8 Air Space Security, Challenges and Management Probable Questions Based on this Chapter Chapter 11 Security Forces and their Mandate 11.1 Central Armed Police Forces (Capfs) 11.2 Central Paramilitary Forces (CPMFs) 11.3 Security Agencies and their Mandates Probable Questions Based on this Chapter Chapter 12 Disaster Management 12.1 Definition of Disaster 12.2 Types of Disasters 12.3 Phases of Disaster Management 12.5 Disaster Response in India 12.6 Institutional Framework 12.7 National Disaster Management Plan 12.8 Sendai Framework 12.9 What is Needed? 12.10 Key Issues Probable Questions Based on this Chapter Annexure 1 The Armed Forces (Special Powers) Act, 1958 Act 28 of 1958, September 11, 1958 Annexure 2 Maharashtra Control of Organised Crime Act, 1999 (Maharashtra Act No 30- of 1999) The Act Annexure 3 National Investigation Agency Act, 2008 1.1 INTERNAL AND EXTERNAL SECURITY At the outset, we shall briefly differentiate between internal and external security of a country before we discuss the various aspects of internal security. Internal security is the security of a country within its borders. This implies maintenance of peace and law and order, and upholding the sovereignty of the country within its territory. Internal security is different from external security to the extent that external security is security against aggression by a foreign country. External security is solely the responsibility of the armed forces of the country, while internal security comes under the purview of the police, which can be supported by the Central Armed Police Forces (CAPF), if required. In India, the Ministry of Home Affairs (MHA) takes care of internal security, while external security comes under the Ministry of Defence. In many countries, MHA is also called the Ministry of Internal Affairs or Ministry of Homeland Security. 1.1.1 Classification of Threat Kautilya wrote in Arthashastra that a state can be at risk from four threats: ♦ Internal ♦ External ♦ Internally-aided external ♦ Externally-aided internal India’s internal security threat perceptions are a mix of all four threats mentioned above. The changing external environment also impacts our internal security. Events in Sri Lanka, Pakistan, Bangladesh, Nepal and Myanmar have direct or indirect linkages with our internal security. Therefore, it can be said that in today’s information and digital age, security threats, both internal and external, are inter-related and cannot be seen in isolation from each other. After World War II, 39 states disintegrated. Of these, five disintegrated because of external aggression and the other 34 due to failure to manage internal security. This led to either their loss of sovereignty, disintegration, breakdown of constitutional machinery, civil wars, violence leading to regime changes or military coups. These failures were due to complex and varying reasons, but failure of internal security was a common factor among them. Over the years, the challenges to our internal security have grown manifold and assumed alarming proportions. Internal security problems have started affecting our country’s growth and development. This is now one of the prime concerns in the top echelons of the Centre. Therefore, it is no surprise that the UPSC has included internal security as a separate topic in the Civil Services Main Examination since 2013. 1.1.2 Attributes of Internal Security The main attributes of internal security are: ♦ Secure territorial integrity and protect internal sovereignty ♦ Maintain domestic peace ♦ Prevalence of law and order ♦ Rule of law and equality before law—law of the land should protect everyone irrespective of status ♦ Absence of fear from the feared implying individual freedom for people as guaranteed by the Constitution ♦ Peaceful co-existence and communal harmony 1.2 MAJOR CHALLENGES TO INTERNAL SECURITY Independence for India came with some inherited problems related to internal security. The issue of the accession of the state of Jammu and Kashmir to India also came with its own set of problems related to our internal security. The division of the pre-independence India into two nations resulted in large scale unforeseen violence that claimed millions of lives. Thus was born the menace of communalism which was visible again and again in various riots thereaer. As an emerging nation, we hoped to overcome these problems and embark upon a path of national reconstruction and consolidation, but progress has been hampered by various challenges to internal security faced by the country. Over the years, India’s internal security problems have multiplied due to linguistic riots, inter-state disputes, caste and ethnic tensions, etc. In 1956, the country was forced to redefine its inter-state boundaries due to linguistic riots. MAJOR CHALLENGES 1. Hinterland terrorism—International and domestic 2. J&K militancy and terrorism 3. Insurgency in North-east India 4. Left-wing extremism 5. Organised crime and its nexus with terrorism 6. Communalism 7. Caste and ethnic tensions 8. Regionalism and inter-state disputes 9. Cyber crime and cyber security 10. Border management 11. Coastal security The 1950s also saw the North-east going up in flames, when in 1954 Angami Zapu Phizo raised the banner of revolt in Nagaland and the fire spread to Mizoram, Manipur and Tripura. The later part of the 1960s saw the rise of Naxalism. At the time of independence, India was an under-developed country and had taken up the task of rebuilding the country. The country adopted the equitable and inclusive growth model for growth and development. But, over the years, it has become evident that we have failed on many counts and poverty, unemployment and under-development prevail in the country. This situation was exploited by various people to pose a very dangerous challenge to the country’s internal security in the form of Maoism/Naxalism/Left-wing Extremism. In 2006, the then Prime Minister Manmohan Singh even admitted that this was perhaps the biggest challenge to the country’s internal security. The 1980s witnessed the growth of the terrorist movement in Punjab, aided and abetted by a hostile neighbour. The 1990s saw the beginning of militancy in Kashmir which has slowly become a pan-India phenomena with the onslaught of international terrorism in the hinterland during the past decade. The rise of Indian Mujahideen (IM) has been another dangerous phenomena in the last decade. This has again been supported by the unfriendly neighbour as became clearly evident during the 26/11 terror attack in Mumbai. As a result, the Centre initiated a number of concrete measures to strengthen its anti-terrorism apparatus. Transnational organised criminals/mafias have given further boost to international terrorism by forging linkages between organised crime and terrorism. Their funding and modus operandi has mainly been arms smuggling, drugs trafficking, hawala transactions, money laundering and pumping of fake Indian currency notes (FICN) to different parts of the country. Cyber security is the latest challenge. We could be the target of a cyber- war, which could jeopardise our security as most of our vital installations are now based on cyber systems. Any failure to check cyber attacks could be fatal to our economy and security. The Snowden revelations (Wikileaks) of 2013 exposed the extent of espionage that is possible through cyber networks. The phenomenal growth of the internet and mobile communication has demonstrated that social media could play a vital role in spreading disinformation and fanning violence. The exodus of North-east students from the southern states in 2012 and the Muzaffarnagar riots in 2013 are some examples of problems created due to the fast growing communication systems. As conventional warfare is not able to give the desired results, the enemy will use other means to achieve its nefarious designs targeting the civil society to create political instability, exploiting social, economic, religious, sectarian fault lines, mounting perception battles using Psy-Wars (psychological wars). This could be termed Fourth-Generation Warfare where the battleground would be the civil society with the aim to recruit, destroy and subvert the civil society itself. Now, the concept of conquering land is being replaced by the concept of controlling the minds of the civil society using Psy-Ops (Psychological Operation) and the one who controls the civil society would ultimately rule the world. Another big problem is that these groups are globally networked as opposed to the Indian police, which finds difficulty in even networking at the national level. Border management is important for containing threats to our internal security. A weak border management can result in infiltration of terrorists and illegal immigrants from various borders and smuggling of contraband items such as arms, drugs and counterfeit currency. There has been an increase in hostility against illegal migrants in the North-east. We are yet to find a satisfactory solution, be it political, social or economical, to this problem. There are also some non-traditional, non-military threats to our security. These include climatic security, diseases and epidemics, energy and water, food issues, resource wars, poverty and economic disparity, etc. These have not been included in this book. 1.3 FACTORS RESPONSIBLE FOR INTERNAL SECURITY PROBLEMS There are various reasons, both historical and non-historical, which cause problems for our internal security. These have been discussed in detail in the forthcoming chapters. However, a few root causes are mentioned below: ♦ Unfriendly neighbours ♦ Poverty ♦ Unemployment ♦ Inequitable growth ♦ Widening gap between haves and have nots ♦ Failure on administrative front or governance deficit ♦ Increasing communal divide ♦ Increasing caste awareness and caste tensions ♦ Rise of contentious politics based on sectarian, ethnic, linguistic or other divisive criteria ♦ Porous borders having very tough terrain ♦ Poor criminal justice system and large scale corruption leading to nexus between criminals, police and politicians resulting in organised crime going unabated We inherited the first three causes at the time of independence, but have failed to resolve them. Unfortunately, we have added more factors which have multiplied our internal security problems. The fourth, fifth and sixth factors in the above list can be termed as administrative failures and the seventh, eighth and ninth could be due to the rise of partisan politics. The last two can be attributed to a pronounced deficit of governance. Every problem gets highlighted because of these factors and hostile neighbours leave no opportunity to exploit internal conditions for the pursuit of their own agenda. The declared policy of Pakistan’s ISI ‘to bleed India with a thousand cuts’ proves the point. 1.4 INTERNAL SECURITY DOCTRINE 1.4.1 Internal Security Doctrine should Include the following Key Elements ♦ Political ♦ Socio-Economic ♦ Governance ♦ Police and Security Forces ♦ Centre–State Coordination ♦ Intelligence ♦ Border Management ♦ Cyber Security 1. Political First, we need to know the nature of the challenge to our internal security. It could be secessionist, separatist or even regional in nature. We have to analyse the causative factors of various types of movements and see whether the demands are within the constitutional framework or not. As a matter of principle, we have to tackle the secessionist movements with a heavy hand. Separatist elements have to be kept at a distance. We need a clear policy with stringent laws to deal with such elements. On the other hand, regional aspirations and ethnic demands require reasonably softer and sympathetic approach. 2. Socio-Economic Socio-economic factors are also at the back of many movements which are big threats to the internal security of the country. Many a times, there are genuine socio-economic grievances of a section of the society arising from acute poverty, unemployment and displacement. In such cases, our approach has to be different. We need to analyse the factors causing the socio-economic grievances and address all the connected issues. Equitable growth and development is the spirit of our Constitution. Therefore, we have to ensure that development reaches all sections of the society and there are no regional disparities. 3. Governance Lack of good governance also provides a tool in the hands of anti-establishment elements, who pose a challenge to the internal security of the country. Such elements take advantage of mismanagement and corruption in government schemes, poor implementation of laws and absence of government machinery in the remote areas. Governance on all fronts becomes an issue whether it is civil administration or policing of the area or the whole of criminal justice system. It is the duty of the state to control all the malaise in governance and provide good governance to the remotest of the areas and control corruption. Otherwise, development of remote areas will be nearly impossible. 4. Police and Security Forces It has been seen that, at times allegations of police atrocities and police indifference towards people’s problems, aggravate internal security problems. We have seen many a times that agitations are directed against the police or the security forces. Demand for removal of Armed Forces (Special Powers) Acts or AFSPA is one such example. Police needs to be sensitised so that it becomes people friendly. We need to carry out police reforms so that the police is seen as a neutral, transparent and professional body. Other security forces aiding state police also need to increase their understanding of the local situation and maintain highest order of efficiency. They need to coordinate with the state police and help achieve the overall goal of maintaining internal security. 5. Centre–State Coordination Lack of centre–state coordination also leads to many problems related to internal security. This coordination problem exists in all areas from intelligence to operations. We need to develop an institutional framework which resolves all these centre-state coordination problems and ensures synergy at all levels. 6. Intelligence Intelligence is a major component of internal security. We need to be alert against external as well as internal enemies posing a threat to the internal security of the country. Most big operations have the back up support of intelligence. We need to have defensive as well as offensive intelligence to forewarn, neutralise the impending threats and take proactive steps wherever required. We also need to have regular institutional framework to compile, collate and act on intelligence received from various agencies. Multi Agency Centre (MAC) has made a good beginning in this direction. 7. Border Management The country has land borders with seven countries (practically six due to PoK issue) stretching nearly 15,000 km. We have had wars on three sides of our land borders with China, Pakistan and East Pakistan (presently Bangladesh). We also had infiltration problems through Punjab and Kashmir borders, illegal immigration problems through Bangladesh and smuggling of weapons through the Indo-Myanmar border. Kashmiri militants have been taking shelter in PoK while North-east extremists are taking shelter in Bangladesh, Bhutan and Myanmar. Therefore, we need to guard our land borders effectively to prevent infiltration by terrorists, illegal immigration, smuggling of weapons and drugs etc. Coastal security also needs special attention and we need to ensure that the roles of Navy, Coast Guard and Coastal Police are clearly defined and all of them work in harmony with each other. 8. Cyber Security The Snowden revelations (WikiLeaks) of 2013 have made it evident that future wars will not be traditional wars which are fought on land, water and air. In fact, it appears that cyber space will be the theatre of warfare in the 21st Century. Therefore, any solid doctrine on internal security needs to cover this front too. India has just made a beginning in this direction. We need to cover a lot of distance before we can say that we have a safe cyber space. In the coming chapters, we shall analyse in detail the various challenges to our internal security. 1.5 EXTERNAL SECURITY OF INDIA: MAJOR ISSUES Though this book is about internal security, with many issues being interdependent, the candidates must have an idea about the major issues concerning external security front too. The nature of trans-boundary issues such as organised crime and terrorism, the challenge of uncontrolled migration and fundamental changes in the way societies are organised, have blurred the boundaries of the internal/external security divide. On the external security front, India faces two major challenges: One on the Pakistan border and the second along the China border. In 2018 the Army Chief of India said that India faces challenge on “Two and a Half Fronts”. He was referring to is the fronts of terrorism, internal security and proxy war. Challenges to External Security of India— 1. Challenges from the neighbourhood 2. Development in the Middle-East 3. Maritime security 4. Militarisation of space 5. Threats from cyber space 6. Intensification of competition for scarce resources such as energy and strategic minerals 1.5.1 Challenges from Neighbourhood India is a vast geographical nation sharing borders, both land and maritime, with several countries. These neighbours are not consistently disposed to maintaining friendly relations with India. Policy and utility directs the nature of interactions with these countries. The Achilles heel of India’s foreign policy has always been the country’s troubled relationship with its neighbours—ranging from an adversarial relationship with its two biggest neighbours, China and Pakistan, to non- adversarial but complicated ties with Sri Lanka (and increasingly the Maldives) or to the nuanced relationships with Bangladesh, Myanmar or Nepal and the delicate equation with Bhutan. Since bifurcation of territory which demarcated India and Pakistan in 1947, the two nations have had strained relations due to disagreements over a number of key issues, control of Kashmir, terrorism and infiltration through the porous border. China carries on with its policy of provocatively aggressive expansion. From both Bangladesh and Sri Lanka, India has faced, from time to time, the problem of the spillover to its territory of refugees fleeing scenes of ethnic violence, often due to the oppression of minorities in these countries. For example, India has harboured Chakma and Tamil refugees fleeing Bangladesh and Sri Lanka respectively. Myanmar is important to India as it looks to counter Chinese presence in South East Asia by creating its own sphere of economic zone. India and Nepal share a unique relationship of friendship and cooperation characterised by open borders and deep-rooted people-to-people contacts of kinship and culture. But recently Nepal’s second Constituent Assembly promulgated a Constitution on September 20, 2015 amid protests by Madhesi- based parties and other groups. The Government of India has expressed grave concern regarding the ongoing protests and urged the Government of Nepal to make efforts to resolve all issues through a credible political dialogue. Bilateral relations between India and Maldives have been friendly and close in strategic, economic and military cooperation. However, presently the diplomatic and commercial relations between India and Maldives have hit an all-time low since the row over the GMR built airport erupted after a coup deposed former President Mohamed Nasheed and brought Mohammed Waheed Hassan to power. It’s worth noting that Maldives despite being a 100% Sunni nation was not much affected by the rise of Islamic Radicalism until the recent past. In last few years, Maldivians in increasing numbers have been drawn towards the Pakistan-based madrasas and jihadist groups. 1.5.2 The Middle-East Cultural, diplomatic, and economic exchange has proliferated between India and the Middle East since ancient times. This engagement has continued into the modern era. India has maintained a strong relationship with Egypt, particularly since both countries became the founders of the Non-Aligned Movement during the Cold War. India also maintains bilateral relations with Iraq, Iran, Syria, and the Gulf states, dating back to when the Arab spice trade dominated the region. Presently the security and political scenario of the Middle East is highly volatile. With that as caveat, one can visualise five short-to-medium term challenges. 1. Even after five years, it is too early to write-off the Arab Spring and the Arab yearning for change that has not run its course. While lacking an overarching roadmap, individual Arab countries will have to evolve a model that reflects and suits their social and demographic specificity. No country can influence or determine an appropriate model for another. 2. The declining American influence in the region will continue with no other country or group of countries being in a position to provide an alternate leadership. Some external powers will try to carve out spheres of influence without dominating the entire region. 3. ISIS, religious extremism and sectarian tensions are here to stay and political violence would continue to undermine the stability, territorial integrity and in some cases even viability of the state. 4. The Israeli-Palestinian conflict is important but an immediate resolution is unlikely because both sides lack wisdom, foresight and political will. Moreover, it is not the core problem facing the region, and Arab and non-Arab countries have many more serious problems to worry about apart from the statelessness of the Palestinians. 5. Oil prices will continue to be low and this will affect both the big and smaller energy players. The entry of Iran post-sanctions, will further exert pressure on prices. The low oil price will also affect the search for non-hydrocarbon energy alternatives like solar energy. 1.5.3 Maritime Security Challenges India is a maritime nation, not just by historical tradition but also because it’s geophysical configuration and geo-political circumstances make it as dependent on the seas as any island nation. With 11 maritime states and island territories, India probably has more seafaring people than the population of most European countries. India’s maritime security challenges cover the entire range from low intensity conflict and piracy, all the way to major power strategic contests. Given its distinctive geography and the shift of global maritime focus from the Atlantic-Pacific combine to the Indo-Pacific continuum, the importance of the Indian Ocean Region in India’s national security calculus has greatly increased in the post-Cold War era and the more recent post 9/11 era. Increased activity throughout the Indian Ocean region due to expanding regional and global trade in goods, ideas, people, and resources has raised a new set of maritime security challenges. Among these are growing risks from non-state actors, including piracy, terrorism, and trafficking; the impacts of environmental degradation, resource depletion, climate change, and natural disasters; and weak states and failing institutions. These diverse challenges confront an equally diverse set of nations bordering this region. The energy-deficient nations such as China, India and other developing countries have no choice but to import large quantities of energy resources from around the world especially, West Asia. The dependence on the seas to get energy products to sustain their economies is growing progressively. This also brings in the threat of these vessels and products being targeted by both pirates and non-state actors. 1.5.4 Militarisation of Space During the Cold War era, space became an essential adjunct for war- fighting on the ground, without becoming another theatre of combat. While militarisation of space proceeded rapidly, the weaponisation of space was avoided. While the weaponisation of space was avoided during the Cold War, it does not necessarily follow that weaponisation will continue to be avoided in a new era of asymmetric warfare. We can improve protection of satellites against some threats, but satellites will remain easy targets for space weapons designed to kill on impact. India’s space programme has very strong civil roots: it began as a means to assist India in its development and has mainly focused on improving the daily lives of its citizens. More recently, India has made a dramatic shift in the tone of its space efforts. Lately, the country has adopted a more militarised attitude, as exemplified by increased efforts by India to create an indigenous ballistic missile defence programme. India’s space efforts could very well affect the long-term sustainability of space and merits further attention. Successful demonstration of Shakti missile in March 2019, makes India the fourth country in the world to have the capability of destroying a satellite in Low Orbit Airspace (LOA) after USA, Russia and China. 1.5.5 Cyber Security This topic will be discussed in detail in Chapter 9. 1.5.6 Intensification of Competition for Scarce Resources In 2003, the EU’s European security strategy identified “competition for natural resources” as a global challenge. According to the 2004 report of the high level panel on threats, challenges and change, appointed by former UN secretary general Kofi Annan, “shortage of natural resources can contribute to unrest and civil violence”. The UNEP expert advisory group on environment, conflict and peace building noted in 2009 that “as the global population continues to rise and demands for resources continues to grow, there is significant potential for conflict over natural resources to intensify in the coming decades.” Resource scarcity is increasingly perceived as one of the greatest security risk in the 21st century. In the Indian perspective the external manifestations of links between India’s resource woes and security are discernible in ties with Pakistan and China. Some security analysts have depicted the Bay of Bengal and its significant deposits of natural gas as a future source of Sino-India conflict. China has secured a major natural gas deal with Burma and may conclude one with Sri Lanka soon. Water, meanwhile, is a key factor in border tensions between India and China. These tensions centre around one of the region’s rare water-rich areas, particularly Arunachal Pradesh. The strategic significance of Arunachal Pradesh, therefore, goes beyond the issue of territory. Finally, India is alarmed by Chinese dam building on Tibetan Plateau rivers, including the Brahmaputra, which flows downstream into lower-riparian India. PROBABLE QUESTIONS BASED ON THIS CHAPTER 1. What are the attributes of internal security? How is it different from external security? 2. Discuss the major challenges to internal security faced by the Indian state after independence. 3. What are the key elements of a comprehensive internal security doctrine? 4. There are various inter-linkages between internal security threats and external security threats faced by India. Substantiate. 5. Recently, the Indian Army Chief had made a statement that ‘India is ready to fight a war on Two & a half fronts’. Which security challenges are being described as ‘Two & a half fronts’ and describe India’s current security preparedness to tackle them. Terrorism may be defined as the planned, organised and systematic use of violence as a means of coercion for political or religious or ideological purposes. Terrorism has become a global phenomenon, but all attempts in the past for arriving at an internationally accepted definition of terrorism have proved futile. This ambivalence is primarily due to two reasons. Firstly, a ‘terrorist’ in one country may be viewed as a ‘freedom fighter’ in another; secondly, it is known that some states encourage various criminal acts being carried out in another state. Hence, there is an obvious lack of political will to any universally acceptable definition of terrorism. Even the United Nations has been unable to come up with an official definition of the terrorism that is universal and acceptable to all member countries. The difficulty in defining what exactly constitutes terrorism acts as a barrier in international cooperation against terrorism. Irrespective of these constraints, we can definitely say that: Terrorism is a state of terror, panic and a fear psychosis, created by an individual or a group of people in order to force, coerce or blackmail the authorities, using violent methods to accept their demand or to attain political, religious or ideological goals. Terrorism is thought to be a method of war, which consists of intentionally attacking those who ought not to be attacked. 2.1 CLASSIFICATION OF TERRORISM Terrorism can be classified into two categories—(i) terrorism by external state actors, and (ii) terrorism by non-state actors. 2.1.1 Terrorism by External State Actors 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. 2.1.2 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 2.2 CATEGORISATION OF TERRORISM IN INDIA Terrorism in India can be broadly classified into four major categories: ♦ Hinterland terrorism ♦ Jammu and Kashmir militancy ♦ North-East insurgency ♦ Left-Wing extremism Out of these, the last two do not have direct linkages with external state actors, so we will deal with them in separate chapters. Terrorism in Jammu and Kashmir is due to Kashmir’s historical background. It has been dealt with in a separate chapter. 2.3 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. 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 most deadly 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 ‘80s’ 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. 2.3.1 Important Terrorist Attacks in India We can say that the last two decades have been marked by the presence of ISI sponsored terrorism in India’s hinterland which was earlier confined to Punjab and J&K. Some of the more important incidents are mentioned below: ♦ Bomb blasts in Mumbai in 1993 that killed around 300 people ♦ Brahmaputra Mail train bombing in 1996 that killed 33 people ♦ 58 people killed and more than 200 injured in 1998 Coimbatore bombings, targeted at L.K. Advani in his election rally ♦ Air India Flight AI-814 hijacking in 1999 by Harkat-ul-Mujahideen with active support from Taliban ♦ Attack on Red Fort in 2000 ♦ Attack on J&K Assembly in 2001 ♦ Attack on Indian Parliament on December 13, 2001 by Lashkar-e- Taiba and Jaish-e-Mohammed ♦ Attack on Akshardham temple in Gujarat in 2002 by Lashkar-e- Taiba and Jaish-e-Mohammed ♦ 68 people killed in four separate attacks in Mumbai in 2003 ♦ 70 people killed in Delhi bombings two days before Diwali in 2005 ♦ Blasts in Mumbai in 2006 killing 209 people by Lashkar-e-Taiba ♦ Malegaon blast by right wing extremists in 2006 killing 37 people ♦ Lucknow, Faizabad and Banaras attacks in court complexes in 2007 carried out by Indian Mujahideen ♦ Samjhauta Express and Ajmer Sharif Blasts by right wing extremists in 2007 ♦ Attack on CRPF camp in Rampur in 2007 Blasts in Jaipur, Bangalore, Ahmedabad and Delhi in 2008 carried ♦ out by Indian Mujahideen killing 115 people ♦ 171 people killed in terrorist attack by LeT in Mumbai in 2008, popularly known as 26/11 ♦ German Bakery, Pune bomb blast in 2010 in which 17 people were killed ♦ 26 people killed in serial bomb blasts by Indian Mujahideen (IM) in Mumbai in 2011 ♦ Attack on Delhi High Court by IM in 2011 in which 12 people were killed ♦ Hyderabad bomb blasts in 2013 which killed 16 people by IM ♦ Bodh Gaya blasts in 2013 by IM ♦ Patna Election Rally blasts in October 2013 ♦ Jammu attack in March 2015 in which six persons were killed ♦ Gurdaspur attack in July 2015 in which 10 people were killed ♦ Pathankot attack in January 2016 in which seven persons were killed ♦ Attack on CRPF convoy in Pampore (Kashmir) in June 2016 in which eight CRPF jawans were killed ♦ Uri military camp attack, 2016 – 23 personnel killed (carried out by Jaish-e-Mohammad) ♦ Nagrota base camp attack 2016 (carried out by suspected JeM) ♦ Amarnathh Yatra attack, 2017 ♦ Amritsar attack, November 2018 ♦ Pulwama (2019) a CRPF convoy was attacked by a suicide car bomber and 42 Jawans were killed—Jaish-e-Mohammad claimed responsibility. Hence, it is evident that the terrorists have concentrated their target on India’s political capital, financial capital, IT and scientific hubs, religious places and places of tourist interest. 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. 2.3.2 Active Militant Outfits Lashkar-e-Taiba (LeT) It is one of the largest and most active terrorist organisation in South Asia. It is operating mainly from Pakistan and Pak occupied Kashmir (PoK). It was founded in 1990 by Hafez Saeed. Lashkar- e-Taiba has attacked military and civilian targets in India. The 2001 attack on the Indian Parliament and the 2008 Mumbai attacks were carried out by LeT. Jaish-e-Muhammad (JeM) Jaish-e-Muhammad (JEM or Army of Muhammad) is a Pakistan-based terror group that aims to undermine and overthrow Indian control over Indian-administered Kashmir through attacks on security and government targets and is supported by Pakistan’s ISI which also provides with them funding, training and strategy to conduct their terror attacks in india. The group was founded by Masood Azhar, who fought under the banner of Harkat-ul-Mujahideen and has been linked to al-Qaeda. Masood Azhar was released by India in the Kandahar flight hijack wherein he was traded for the passengers of IC 814 in 1999 along with two other terrorists. He later founded Jaish-e-Muhammad in 2000 and till now has carried out most of the devastating attacks India has ever seen, be it the Parliament attack in 2001, Pathankot airbase attack 2016 and now the recent Pulwama attack which killed 42 CRPF personnel of the Indian Army on February 14, 2019. JeM has carried out several high-profile suicide and other attacks against Indian targets since its formation. The group is said to have actively supported the Afghan Taliban’s fight against US-led NATO forces since 2001. India has moved a proposal at the UN to designate Masood Azhar as a global terrorist and most of the country including the US and France have supported the move. China was the only country among the 15-member UN Security Council to oppose the ban on Azhar. Hizbul Mujahideen It is a Kashmiri terrorist group founded in 1989. The current leader of the group is a Kashmiri known under the alias of Sayeed Salahudeen who usually resides in PoK. AQIS (Al-Qaeda in Indian Subcontinent) Al-Qaeda in the Indian Subcontinent (AQIS), the youngest affiliate of al-Qaeda created in 2014 with the target of roping in jihadists from India, Pakistan, Myanmar and Bangladesh, mainly operating from Pakistan and Afghanistan. AQIS is also in touch with Kashmiri militants.The outfit has been banned by the UN. Students Islamic Movement of India (SIMI) SIMI is a banned Islamic student organisation formed in 1977. Earlier, the stated mission of SIMI was ‘liberation of India’ from western materialistic cultural influence and to convert Muslims to live according to the Islamic code of conduct. But SIMI became militant and extremist in the backdrop of communal riots and violence between Hindu and Muslim groups in the 1980s and 1990s and took a more radical posture. Its motto became ‘to convert whole of India into Islamic land’. SIMI was banned by the Indian government in 2001 when it was found to have indulged in terrorist activities. Harkat-ul-Jihad-al-Islami (HUJI) It is a Pakistan and Bangladesh-based old Islamic terrorist organisation working in Pakistan, Bangladesh and India. HUJI has claimed responsibility for the 2006 Banaras bombing and 2011 Delhi bombing. HUJI had started its operations in Afghanistan after the Soviet retreat from the country. Its Bangladesh unit was formed in 2002. It is believed to be backed by the Taliban. Indian Mujahideen (IM) It is an Islamist terrorist group based in India, which has carried out several attacks against civilian targets in India. It was borne out of the ranks of SIMI. IM has reportedly taken responsibility for several blasts carried out in the last decade. Police investigations have revealed the group to be a front for Lashkar-e-Taiba. In fact ISI, LeT and HUJI encouraged formation of IM in their effort to hide the involvement of Pakistan in terrorist activities in India and to project to the outside world that terrorism in India was an indigenous development arising out of maltreatment of Muslims. In 2010, IM was declared a terrorist organisation and banned by the Government of India. New Zealand, UK and US also declared it a terrorist organisation. Its ultimate aim is to create an ‘Islamic caliphate’ across South Asia. This organisation came into the limelight after the UP blasts of 2007 in the court premises in Lucknow, Varanasi and Faizabad. It recruits a wide range of disenchanted Muslims youths— from petty criminals to highly paid software professionals. Recently, one of its main leaders, Yaseen Bhatkal was arrested by Indian security agencies. Sleeper Cells A sleeper cell refers to a cell, or isolated grouping of sleeper agents, that lies dormant until it receives orders or decides to act. A sleeper agent is a spy who is placed in a target country or organisation, not to undertake an immediate mission, but rather to act as a potential asset if activated. 2.3.3 New Threat from ISIS Historical Background The group has had various names since it was founded in 1999 by Jordanian radical Abu Musab al-Zarqawi under the name Jamáat al-Tawid wa-al- Jihad. In October 2004 al-Zarqawi swore loyalty to Osama bin Laden, he renamed the group Tanim Qā idat al-Jihā d fi Bilā d al-Rā fidayn commonly known as al-Qaeda in Iraq or AQI. Although the group never called itself al-Qaeda in Iraq, this remained its informal name over the years. In June 2006, several insurgent factions were merged to form a new group, ad-Dawlah al-Ìraq al-Islamiyah, which translates to the Islamic State of Iraq (ISI). The ISI was led by Abu Omar al-Baghdadi and Abu Ayyub al-Masri, who were killed in a US–Iraqi operation in April 2010, after which Abu Bakr al-Baghdadi became the group’s new leader. By 2011, when the US troops’ withdrawal was complete in Iraq, Al-Qaeda of Iraq was being run by Abu Bakr-al-Baghdadi, and had morphed from a largely foreign to a largely Iraqi operation. With thousands of armed men now at his disposal, Baghdadi opened a second front against the Shiites—in Syria, where there was a largely secular uprising against President Bashar al-Assad. Soon, Baghdadi renamed his group the Islamic State of Iraq and Syria (ISIS), reflecting his greater ambitions. His black flags, emblazoned with the Arabic words for “There is no god but Allah” and the reproduction of what many believe to be the Prophet Mohammed’s seal, became ubiquitous. In April 2013, having expanded into Syria, the group adopted the name ad-Dawlah al-Islamiyah fi‘l-Ìr - aq wa-sh-Sham. As al-Sh – am is a region often compared with the Levant or Greater Syria , the group’s name has been variously translated as “Islamic State of Iraq and al-Sham ”, “Islamic State of Iraq and Syria”, (both abbreviated as ISIS ), or “Islamic State of Iraq and the Levant” (abbreviated as ISIL ). In May 2014, the United States Department of State announced its decision to use “Islamic State of Iraq and the Levant” (ISIL) as the group’s primary name. On 29 June 2014, the organisation proclaimed itself to be a worldwide caliphate. Abu Bakr al-Baghdadi—known by his supporters as Amir al- Múminin , Caliph Ibrahim—was named its caliph , and the group renamed itself ad-Dawlah al-Islamiyah (Islamic State” (IS)). As a “Caliphate”, it claims religious, political and military authority over all Muslims worldwide. The concept of it being a caliphate and the name “Islamic State” have been rejected by UN, various governments and Muslim leaders worldwide. The most common names worldwide are ISIS and ISIL. Ideology of ISIS Important doctrines of ISIL include its belief that it represents the restoration of the caliphate of early Islam, and that all Muslims are required to pledge allegiance to it; that a “defiled” Islam must be purged of apostasy, often with bloody sectarian killings, that the final Day of Judgment by God is near and will follow the defeat of the army of “Rome” by ISIL; that a strict adherence to following the precepts “established by the Prophet Muhammad and his earliest followers” is necessary, surpassing even that of other Salafi groups. Salafi Jihadists such as ISIL believe that only a legitimate authority can undertake the leadership of jihad, and that the first priority over other areas of combat, such as fighting non-Muslim countries, is the purification of Islamic society. For example, ISIL regards the Palestinian Islamist Sunni group Hamas as apostates who have no legitimate authority to lead jihad and it regards fighting Hamas as the first step before confrontation with Israel. ISIS has proved itself to be highly brutal and it reminds of medieval times by its philosophy of hate and jihad. Aim According to ISIS, the return to the Golden Age of Islam, takes place through the reestablishment of an Islamic Caliphate, based on the Salafist- jihadi interpretation of Islamic religious law (the sharia). The Caliphate State, whose establishment was declared by ISIS, currently includes large parts of Iraq and Syria, from the outskirts of Baghdad to the outskirts of Aleppo. However, ISIS seeks to expand its self-declared Caliphate State to the rest of Iraq and Syria, to topple the regimes in Baghdad and Damascus, and subsequently spread from there to the rest of the region, most of it included in Greater Syria ( Bilad al-Sham ) according to ISIS: Iraq, Syria, Lebanon, Israel/Palestine, Jordan, and even Kuwait. However, ISIS’s ambitions extend beyond the areas of Greater Syria. According to its vision, the Caliphate in Greater Syria will be the core of an extensive Islamic Caliphate. It will include the countries of the Middle East; North Africa; parts of Iran, Pakistan and Afghanistan (Khorasan); European countries that were conquered from the Muslims in the past (Spain, the Balkans); and other Muslim countries (Turkey, the Caucasus) According to the map, the Islamic State of Iraq and Syria (ISIS) plans to take control of the Middle East, North Africa, most of the Indian subcontinent and parts of Europe, within the next five years, to complete its caliphate. ISIS in India Four ISIS activists were arrested from Roorkee in Haridwar district in January 2016. Soon after, the National Investigation Agency (NIA) took into custody 14 other people suspected to be ‘Islamic State sympathisers’ for plotting attacks in different parts of the country. The arrests were made following simultaneous searches and raids conducted at 12 locations in six cities—Bengaluru, Tumkur, Mangalore, Hyderabad, Mumbai and Lucknow—with the support of local police. Recently four boys from Maharashtra had travelled to Iraq and joined ISIS. Only one of them returned alive. Current Status of ISIS In the last two years the world community has gained major successes against ISIS but any premature celebrations of the so-called destruction of the Islamic State (IS) ‘Caliphate’ would be uncalled for. They have moved from strongholds in Syria and Iraq to countries across Europe, Asia and Africa. As ISIS lost ground in Syria and Iraq, parts of Africa became the new battleground. In the past two years, unverified reports indicate the deaths of more than 10,000 people in Africa alone and the battle continues in unrelenting fashion. Boko Haram, a one-time affiliate of the IS, has been even more sanguinary than the IS or al-Qaeda. Al-Shabab in Somalia, the Jama’at Nusrat al-Islam wal Muslimeen in Mali, and several others continue to thrive in parts of Africa. Afghanistan is the other main epicenter of radicalised Islamist terror. The years 2017 and 2018 have been particularly bad in terms of the number of terror attacks and casualties resulting from these attacks. Given the climate of violence, and the determination of radical groups to wage war, India cannot afford to be oblivious to what is happening around us. In December 2018 NIA busted a module of ISIS radicalised youth from Delhi and Western UP. The enduring message is that the ideological battle against religiously- oriented terror group ISIS is far from over. Lone Wolf Attacks Lone wolf attacks is when a terror attack is caused by a person (lone wolf) who prepares and commits violent acts alone, outside of any command structure and without material assistance from any group. The conventional terror attacks mostly had multiple perpetrators and had a definite command structure and usually family members were aware/involved. Whereas, in a lone wolf terror attack, there is a single perpetrator and with no hierarchical command structure usually family members are not aware of the radicalisation of the individual. A large number of terrorists initially claimed by authorities and reporters to have been lone wolf attacks inspired by ISIS or its ideology, were later found to have been recruited, trained and directed remotely by ISIS to carry out the attacks. This would mean they were technically not “Lone Wolves”. This theory of lone wolf attacks was mostly propagated by ISIS all over the world through the Internet. Challenges to Control Lone Wolf Attacks It is difficult to keep surveillance on lone wolf attackers as they lack any chain of command and being leaderless is tough for the intelligence agencies to track them. Terror organisation like ISIS has been using social media and radicalise individuals all over the globe and recruitment as well as funding and training is done via Information Technology and social media and Encryption makes it very tough to be traced. Recent investigations have shown that often these attacks are not entirely independent and leaders operating remotely exercise various degrees of influence, acting as confidants and coaches and coaxing recruits to embrace violence. 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. 1. International Cooperation: An international consensus should be built among nations and various IT-related organisations to follow certain guidelines in regulating internet use. 2. Comprehensive Legislation: Strict laws should be enacted to create deterrence for being involved into any kind of radicalisation. 3. Empowered investigation and judicial process to punish those involved in such activities. 4. Use of Technology: Technology like big data can be used to catch phrases related to radicalisation and delete any such content. 5. 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. 6. A multi-pronged strategy focusing on rational and logical counter- propaganda should be adopted with the help of civil society, NGOs etc. 7. We need to have very strong online surveillance capabilities. Social media monitoring capabilities to counter such kind of radicalisation. 8. Increase in intelligence sharing and coordination between agencies such as NIA, IB and state police, etc. is a must to prevent such incidents. 9. 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 10. Help to be provided by professional counsellors to counsel against radicalisation once it is reported by some friend or family member. 11. Police forces needs to be trained to develop counter terror capabilities and should be equipped with knowledge of recent technology. 2.4 ATTEMPTS TO REVIVE 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. November 2018 witnessed the Amritsar blast which killed many and injured about 20 people. This can be considered as a declaration of Revival of Khalistan movement. 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. KLF (Khalistan Liberation Force) Security agencies say the KLF, 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 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. Hindutva-Inspired Right Wing Terror Hindutva inspired right-wing organisations have been accused of involvement in terrorist attacks, including the Malegaon blasts, Mecca Masjid bombing (Hyderabad), Samjhauta Express bombings and the Ajmer Sharif dargah blast. This so called ‘right wing terrorism’ is supposed to have developed as a reaction to ISI sponsored terrorism and alleged Muslim appeasement by the Government of India. It tried to target Muslim dominated areas. 2.5 REASONS FOR SPREAD OF TERRORISM In modern times, terrorism spreads faster because of the following factors: ♦ 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 2.6 KEY ISSUES 2.6.1 How do the Terror Groups Fund Themselves? How do they Procure the Ammunition and Technology Required? 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 classical 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: ♦ Donations from Islamic countries in the name of Jihad ♦ Earnings from drug trafficking ♦ Issuing fake Indian currency notes (FICN) ♦ 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. 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. 2.6.2 Institutional Framework to Tackle Terrorism 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. 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. New Changes after 26/11 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. 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. 1. National Investigation Agency (NIA) The National Investigation Agency (NIA) is a federal agency established by the Centre to combat terror in India. NIA has concurrent jurisdiction which empowers the Centre to probe terror attacks in any part of the country, covering offences, including challenges to the country’s sovereignty and integrity, bomb blasts, hijacking of aircraft and ships, and attacks on nuclear installations. It also deals with counterfeit currency, human trafficking, narcotics or drugs, organised crime (extortion mobs and gangs), plane hijacking and violations of Atomic Energy Act and Weapons of Mass Destruction Act. NIA aims to be a thoroughly professional investigative agency matching the best in international standards. It aims to set the standards of excellence in counter terrorism and other national security related investigations at the national level by developing into a highly trained, partnership oriented workforce. It can be said that after seven years of its creation, NIA has proved its utility to a very large extent without any confrontation with state police. The investigations have become more professional. The data bank of terrorists is centralised. 2. 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, viz. Research and Analysis Wing, the Intelligence Bureau, Central Bureau of Investigation, Financial intelligence unit, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Enforcement Directorate, Narcotics Control Bureau, Central Board of Excise and Customs and the Directorate General of Central Excise Intelligence. It is yet to become operational. The government is taking measures to make NATGRID functional. It appears that they will succeed quite soon. 3. 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. It also shares intelligence with SMACs established in various states and Union Territories through video- conferencing on a continuous and real time basis. Reciprocally, the other agencies are also obliged to share intelligence with MAC. The Centre operates on a 24 hour basis. It also acts as a database in the form of National Memory Bank related to counter-terrorism intelligence. MAC has also been given additional responsibility of accounting and auditing of intelligence related to counter terrorism and enhancing the capacities of all the stakeholders in counter terrorism efforts. Within a short span, MAC has proved its utility. 4. 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. 5. 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: ♦ 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. ♦ 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. ♦ The coastal states and UTs have been directed to immediately start coastal patrolling by locally hired fishing boats/trawlers. ♦ The coastal states/UTs have been directed to carry out vulnerability/gap analysis on their coasts in consultation with Coast Guard. ♦ 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. ♦ To issue ID cards to all the fishermen and all the population of the coastal villages. 2.6.3 Legal Framework 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. Terrorist and Disruptive Activities (Prevention) Act or TADA TADA was an anti-terrorism law which was in force between 1985 and 1995 (modified in 1987) in the background of the Punjab insurgency and was applied to the whole of India. It was allowed to lapse in 1995 due to widespread allegations of abuse. It was the first anti-terrorism law legislated by the government to define and counter terrorist activities. The law gave wide powers to law enforcement agencies for dealing with terrorist and ‘socially disruptive’ activities. The police were not obliged to produce a detainee before a judicial magistrate within 24 hours. The accused could be detained up to one year without even filing a charge-sheet. Confession made to police officers was admissible as evidence in the court of law, with the burden of proof being on the accused to prove his innocence. Courts were set up exclusively to hear the cases under this Act. The trials could be held in camera with the identities of the witnesses kept hidden. Under 7A of the Act, Police officers were also empowered to attach the properties of the accused under this Act. 2. The Prevention of Terrorism Act, 2002 (POTA) POTA was an anti-terrorism legislation enacted by the Parliament of India in 2002. The Act was enacted due to several terrorist attacks that took place in India especially the attack on the Parliament. Analogous to the provisions contained in TADA, the law provided that a suspect could be detained for up to 180 days without filing of the charge- sheet in court. It also allowed law enforcement agencies to withhold the identities of witnesses, and to treat a confession made to the police as an admission of guilt. Under regular Indian law, a person can deny such confessions in court, but not under POTA. Also unlike TADA, it had no provision to allow preventive detention. POTA was repealed in 2004. Changes after 26/11 Many relevant amendments were made to the already existing Unlawful Activities (Prevention) Act. 1. Unlawful Activities (Prevention) Act (UAPA) Amendment UAPA is an act to provide for the more effective prevention of certain unlawful activities of individuals and associations (dealing with terrorist activities) and for matters connected therewith. UAPA was enacted in 1967 and amended in 1969, 1972, 1986, 2004, 2008 and 2012. With 2012 amendments, UAPA includes economic offences within the ambit of terror acts. Definition of “terrorist act” has been expanded to include offences that threaten the country’s economic security, procurement of weapons, raising funds for terrorist activities and counterfeiting Indian currency. It also granted additional powers to courts to provide for attachment or forfeiture of property equivalent to the counterfeit Indian currency involved in the offence or to the value of the proceeds of terrorism involved in the offence. This law also allows the Centre to declare that a Group is an ‘Unlawful association’ or a ‘Terrorist organisation’ and make membership or support of that group a Crime. Unlawful Associations The Centre maintains a list of unlawful associations which can be amended as and when required. Once an Organisation is on the list, membership of the organisation becomes a crime under UAPA. Money going to it can be blocked and the places it uses can be Monitored. Factors responsible for banning an organisation: ♦ The organisation’s activities are supporting secession from India, or disruption of the sovereignty and territorial Integrity of India. ♦ The organisation is trying to affect India’s status as an independent nation ♦ The organisation is causing enmity towards India The First Schedule of UAPA Some major Terrorist organisations in the First Schedule are: ♦ Al-Qaida ♦ Babbar Khalsa International ♦ Communist Party of India (Maoist), all its formations and front organisations ♦ Communist Party of India (Marxist-Leninist)—People’s War, all its Formations and Front Organisation ♦ Communist Party of India (Marxist-Leninist)—People’s War, all its Formations and Front Organisation ♦ Harkat-ul-Mujahideen ♦ Hizb-ul-Mujahideen ♦ ISIS ♦ Indian Mujahideen , and all its formations ♦ Jaish-E-Mohammed ♦ Khalistan Commando Force ♦ Lashkar-E-Taiba ♦ Liberation Tigers of Tamil Eelam (LTTE) ♦ Maoist Communist Centre (MCC) ♦ National Socialist Council of Nagaland (Khaplang) [NSCN(K)], all its formations and front organisations ♦ National Democratic Front of Bodoland (NDFB) in Assam ♦ Student Islamic Movement of India ♦ United National Liberation Front (UNLF) ♦ United Liberation Front of Assam (ULFA) ♦ Khalistan Liberation Front (banned in December , 2018) ♦ J&K Liberation Front (JKLF) in 2019 2. NIA Act, 2008 and Special NIA Courts The National Investigation Agency Act (NIA Act) was passed by Parliament in December 2008. As per the Act, NIA has concurrent jurisdiction which empowers the Centre to probe terror attacks in any part of the country, covering offences, including challenge to the country’s sovereignty and integrity, bomb blasts, hijacking of aircraft and ships, and attacks on nuclear installations. Other than offenses of terrorism, it also deals with counterfeit currency, human trafficking, narcotics or drugs, organised crime (extortion mobs and gangs), plane hijacking and violations of atomic energy act and weapons of mass destruction act. Various special courts have been notified by the Centre for trial of the cases registered at various police stations of NIA under Section 11 and 22 of the NIA Act 2008. Any question as to the jurisdiction of these courts is decided by the Centre. These are presided over by a judge appointed by the Centre on the recommendation of the Chief Justice of the High Court with jurisdiction in that region. The Supreme Court of India has also been empowered to transfer the cases from one special court to any other special court within or outside the state if the same is in the interest of justice in light of the prevailing circumstances in any particular state. They are empowered with all powers of the court of sessions under Code of Criminal Procedure, 1973 for trial of any offense. The trials by these courts are held on a day-to-day basis on all working days and have precedence over the trial of any other case against the accused in any other court (not being a Special Court). An appeal from any judgement, sentence or order of a Special Court lies with the High Court. At present there are 38 Special NIA Courts. State Governments have also been empowered to appoint one or more such special courts in their states. 2.6.3.1 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). 2.6.4 International Cooperation on Terrorism Since most of the forms of terrorism have international linkages, international cooperation becomes very important, India has been trying to create an international opinion in favour of designating Jaish-e- Mohammed’s Masood Azhar as a global terrorist, Under Resolution 1267 of the United Nations Security Council. But China has consistently blocked all such efforts. Bilateral and Multilateral Initiatives The legal framework for combating crime including international terrorism includes treaties on mutual legal assistance in criminal matters, memorandum of understandings/bilateral agreements to counter organised crimes, joint working groups on counter terrorism/international terrorism which are signed between india and other countries on bilateral basis. Such treaties/agreements are with a view to secure bilateral cooperation against various forms of crimes like terrorism, drug trafficking, money laundering, counterfeiting of Indian currency notes. 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. The Security Council resolution on international judicial cooperation has been taken to counter the menace of terrorism at the global level and challenges associated with the prosecution of terrorists in their country of origin or elsewhere, for their criminal activities in a foreign country. The resolution deals with few issues related to counter terrorist activities: ♦ Use of applicable international instruments like bilateral and multilateral treaties and designation of national central authorities for mutual legal assistance and extradition. ♦ International cooperation in checking the flow of foreign terrorist fighters and their return from conflict zones and sharing of available information regarding foreign terrorist fighters including their biometric and biographic information. ♦ The resolution suggests that states should make financing of terrorism as a serious criminal offence and also to deny safe haven to terror financiers and would make the extradition process

Use Quizgecko on...
Browser
Browser