Today’s Important Articles for Pub Ad (05-01-2022)

  1. The hint of a ‘one nation one NGO’ regime READ MORE
  2. FCRA Denial to Missionaries of Charity Holds Lessons on Federalism READ MORE
  3. Poshan Abhiyaan: It’s time for national self-reflection READ MORE
  4. Institutionalising the bane of manual scavenging must end READ MORE



Today’s Important Articles for Sociology (05-01-2022)

  1. Poshan Abhiyaan: It’s time for national self-reflection READ MORE
  2. Institutionalising the bane of manual scavenging must end READ MORE
  3. Urbanisation of rituals: Durga Puja won UNESCO recognition because it moved from rural to urban Bengal READ MORE



Ethics Through Current Developments (05-01-2022)

  1. Saint Kuriakose Elias Chavara: a true karma yogi READ MORE
  2. Right time to Start Preparing for Life’s Exams READ MORE
  3. Cultivate Positive Thoughts in the Mind READ MORE



Today’s Important Articles for Geography (05-01-2022)

  1. A partnership to carry India into net-zero future READ MORE  
  2. Like Japan and Singapore, why doesn’t India burn plastic waste to produce energy? READ MORE
  3. Significant increase in rainfall in north, central Africa: Study READ MORE
  4. A Green Route READ MORE




WSDP Bulletin (05-01-2022)

(Newspapers, PIB and other important sources)

Prelim and Main

  1. Home Ministry push to Intelligence Bureau’s counter-terrorism grid READ MORE
  2. Extending the GST compensation READ MORE
  3. ICMR approves India-made kit to detect Omicron READ MORE
  4. India’s old dams: Gandhi Sagar in MP needs immediate repair, says CAG report India to acquire lithium, cobalt mines in South America, Australia READ MORE
  5. Moody’s assigns Baa2 rating to RIL’s $5 billion bonds issue READ MORE

Main Exam   

GS Paper- 1

  1. Urbanisation of rituals: Durga Puja won UNESCO recognition because it moved from rural to urban Bengal READ MORE

GS Paper- 1

POLITY AND GOVERNANCE

  1. The hint of a ‘one nation one NGO’ regime READ MORE
  2. FCRA Denial to Missionaries of Charity Holds Lessons on Federalism READ MORE

SOCIAL JUSTICE

  1. Poshan Abhiyaan: It’s time for national self-reflection READ MORE
  2. Institutionalising the bane of manual scavenging must end READ MORE

INTERNATIONAL ISSUES

  1. The bottom line in Blinken’s foray into Southeast Asia READ MORE
  2. The TRIPS waiver is needed more than ever READ MORE
  3. Delhi-Dhaka ties have a long way to go READ MORE

GS Paper- 1

ECONOMIC DEVELOPMENT

  1. The eligible denied benefits READ MORE
  2. Agriculture needs a separate budget READ MORE
  3. The uneven nature of India’s export growth READ MORE
  4. The limits of MSP: Farm sector needs intervention at multiple levels READ MORE

 ENVIRONMENT AND ECOLOGY

  1. A partnership to carry India into net-zero future READ MORE  
  2. Like Japan and Singapore, why doesn’t India burn plastic waste to produce energy? READ MORE
  3. Significant increase in rainfall in north, central Africa: Study READ MORE
  4. A Green Route READ MORE

GS Paper- 1

ETHICS EXAMPLES AND CASE STUDY

  1. Saint Kuriakose Elias Chavara: a true karma yogi READ MORE
  2. Right time to Start Preparing for Life’s Exams READ MORE
  3. Cultivate Positive Thoughts in the Mind READ MORE

Questions for the MAIN exam

  1. ‘To achieve net-zero target by 2070, India needs and active cooperation from the private sector’. Discuss how the private sector can help India to achieve net-zero?
  2. ‘India’s deficit in nutrition care can be bridged with systemic reforms for better maternal and child care’. Examine.
  3. ‘Agriculture is too diverse a subject for it to be compressed into a sub-section of the regular budgets of the Centre and States’. In light of the statement, whether do you think there should be separate budget for agriculture?

QUOTATIONS AND CAPTIONS

  • The increasing level of surveillance type of data sought has resulted in many organisations losing people on their governance structure and resulting in problems in funding.
  • The depth and the variety of the work of a civil society organisation cannot be captured in the annual returns filed on the FCRA portal, where there is no scope for explaining something beyond the binary.
  • With active cooperation from the private sector, India will be able to help build a more sustainable world.
  • India’s journey on the low-carbon pathway towards net-zero requires the active participation of all stakeholders. Sustainable lifestyles and climate justice are at the core of this journey.
  • With cooperation from the private sector, India will be able to responsibly use its fair share of the global carbon space and contribute to reaching the global net-zero goal to build a more environmentally sustainable planet.
  • India’s deficit in nutrition care can be bridged with systemic reforms for better maternal and child care.
  • Agriculture is too diverse a subject for it to be compressed into a sub-section of the regular budgets of the Centre and States.
  • The government will need a multi-pronged approach to address concerns in the farm sector. Guaranteed prices would only increase complications.
  • To succeed with necessary and rapid technology transfer and development, increased global cooperation is needed. No single country can complete the entire value chain for hydrogen and thus there is a need for cooperation among countries to secure markets and make green energy available at the earliest opportunity.

50-WORD TALK

  • A parliamentary panel with 30 men and one woman examining marriage age bill is inexcusable. Women parliamentarians are right in questioning why men should decide women’s rights. Their demand for better participation in scrutinising it is justified. RS chairman must look into skewed gender representation in standing committee on women.
  • China’s new bridge across the Pangong lake will give the PLA improved logistics in a region where India has enjoyed tactical advantages. This isn’t a game-changer, but it shows China is anticipating a long military face-off. The crisis on the LAC doesn’t seem likely to melt away any time soon.
  • The announcement of weekend curfew in Delhi is a knee-jerk, unimaginative reaction to the Covid surge. Much like night-time restrictions. The antidote to Covid is well established and simple – vaccines and masks. Governments should stop window dressing and creating alarm but should tell citizens how they are improving hospital infrastructure.

Things to Remember:

  • For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
  • Whenever any international place will be in news, you should do map work (marking those areas in maps and also exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
  • For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
  • For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
  • Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.



DAILY CURRENT AFFAIRS (JANUARY 05, 2022)

THE GEOGRAPHY

1. INDIA TO ACQUIRE LITHIUM, COBALT MINES IN SOUTH AMERICA, AUSTRALIA

THE CONTEXT: The Mines Ministry has created a joint venture (JV) company — Khanij Bidesh India (KABIL) — with participating interest from National Aluminium Company (NALCO), Hindustan Copper (HCL) and Mineral Exploration Corporation (MECL).

THE EXPLANATION:

  • India is working on acquiring mines of strategic minerals such as lithium and cobalt in producing countries like Australia, Argentina, Bolivia and Chile. The government’s move is aimed at ensuring a committed supply of raw materials especially for renewable energy (RE) and e-mobility sectors.
  • To ensure India’s mineral security as well as to attain self-reliance in the area of critical and strategic minerals, KABIL is mandated to identify and acquire overseas mineral assets of critical and strategic nature such as Lithium, Cobalt etc.
  • This initiative, aimed at giving further fillip to Atmanirbhar Bharat, will cater to the requirements of crucial sectors such as e-mobility, renewable energy, medicine, aerospace, aviation among others.
  • In the country, the Atomic Minerals Directorate (AMD) conducted preliminary surveys on the surface and limited subsurface exploration, which revealed the presence of Lithium resources of 1,600 tonnes (inferred category) in the pegmatites of Marlagalla–Allapatna area in Mandya district of Karnataka.
  • Presently, there is no production of cobalt in the country from primary cobalt resources. The demand for cobalt is usually met through imports. The refining capacity of cobalt in India is estimated at about 2,060 tonnes per year.

 

Importance of Cobalt and Lithium:

  • Cobalt is key for boosting energy density and battery life because it keeps the layered structure stable as lithium ions get reversibly stuffed into and extracted from the cathode during battery operation.
  • Lithium has the lowest density of all metals. It reacts vigorously with water.

THE INDIAN ECONOMY

2. NBBL UNVEILS UPMS TO SIMPLIFY BILL PAYMENTS

THE CONTEXT: NPCI Bharat BillPay (NBBL), the wholly-owned subsidiary of National Payments Corporation of India (NPCI), has introduced the ‘Unified Presentment Management System’ (UPMS) to simplify bill payments in the country.

THE EXPLANATION:

  • According to NPCI, the UPMS provides a great opportunity for the service providers and fintechs of the digital payments ecosystem to run through this innovative feature in the sandbox environment of BBPS. Several Operating Units (OUs) and Technical Service Providers (TSPs) are actively coming forward in the rapid deployment of UPMS.

UNIFIED PRESENTMENT MANAGEMENT SYSTEM (UPMS)

  • UPMS will help the customers to set up standing instructions, for any mode and from any channel on their recurring bill payments.
  • Bills will be fetched automatically from the billers and will be presented to customers for their action, in terms of bill payment and auto-debit management.
  • With the launch of UPMS, the motive is to enable all the Bharat BillPay Operating Units (BBPOU) to extend the facility for their customers or corporate clients with minimal effort by means of centralized infrastructure as well as application support provided by Bharat BillPay Central Unit (BBPCU).
  • UPMS will also help in democratizing recurring bill payments and making them convenient for customers.
  • It provides a great opportunity for fintech and service providers of the digital payments ecosystem for running through this innovative feature in the sandbox environment of BBPS.
  • UPMS will enable a common repository of bills. It will ensure that the entire bill payment ecosystem gets updated in real-time.

DEPLOYMENT OF UPMS

  • Technical Service Providers (TSPs) and Several Operating Units (OUs) are actively helping in the rapid deployment of UPMS. Ecosystem partners like IDFC FIRST Bank and Axis Bank are amongst Private Banks and PhonePe are actively engaged in taking UPMS services for their Billers and Consumers.

SIGNIFICANCE OF UPMS

  • UPMS service assumes criticality with undergoing category expansion, as a majority of the transactions in new categories under BBPS such as mutual fund, subscriptions, insurance, school fee payments, presently happen through presentment and standing instructions.

ABOUT NPCI

  • The National Payments Corporation of India (NPCI) is an initiative taken by the Reserve Bank of India (RBI) and the Indian Bank’s Association (IBA) to operate the retail payments and settlement systems in India. This organization was founded in the year 2008 under the Payment and Settlement Systems Act, 2007. NPCI has been incorporated as a ‘not for profit company under section 8 of the Companies Act 2013.

PRODUCTS OF NPCI

  • RuPay
  • National Common Mobility Card
  • Bharat Interface for Money (BHIM)
  • Unified Payments Interface (UPI)
  • Bharat Bill Payment System

 

THE ENVIRONMENT ECOLOGY AND CLIMATE CHANGE

3. THE LARGEST WINTERING GROUND OF THE INDIAN SUBCONTINENT

THE CONTEXT: Chilika Lake, the largest brackish water lake and wintering ground of the birds in the Indian subcontinent saw a million birds, including uncommon Mongolian gull, visiting the waterbody.

THE EXPLANATION:

  • Chilika lake hosts birds migrating from thousands of miles away from the Caspian Sea, Lake Baikal, Aral Sea, remote parts of Russia, Kirghiz steppes of Mongolia, Central and Southeast Asia, Ladakh and the Himalayas. The winged guests find the vast mud-field and abundant fish stock here suitable to congregate.
  • As per the waterbird status survey-2022 conducted in the Chilika, a total of 10,74,173 birds of the 107 waterbird species and 37,953 individuals of 76 wetland-dependent species were counted at the entire lagoon. In the year 2021, the count in Chilika was over 12 lakh. Bird census members reported rare sightings of the uncommon Mongolian gull.
  • The census was undertaken jointly by the Odisha State Wildlife Organisation, the Chilika Development Authority (CDA) and the Bombay Natural History Society. The Chilika Lagoon was divided strategically into 21 segments for the census.
  • A total of 3,58,889 birds (97 species) were counted in the Nalabana Bird Sanctuary inside Chilika – a decrease of 65,899 from the year 2021. The decrease is attributed to high water levels and the presence of water in cultivated fields in adjoining areas.
  • “Among the three pintail species of ducks, the northern pintail (1,72,285), gadwall (1,53,985), Eurasian wigeon (1,50,843) accounted for over one lakh in this year’s count,” says the report. However, the population of gadwall and Eurasian wigeon was less than that of the year 2021.
  • There was a marginal decrease in the number of species such as the northern shoveler, tufted duck and red-crested pochard. An increase in the population of northern pintail, common coot and common pochard was noticed.
  • “The increase in numbers for the greater flamingo at Nalabana mudflat indicates that the restoration at Nalabana is effective. This year’s greater flamingo count was the highest in the last one decade. It is largely due to appropriate management of mudflats”. Overall, the local resident species such as purple swamp-hen, purple heron, Indian moorhen, and jacanas were found in higher numbers.

VALUE ADDITION:

SIGNIFICANCE OF CHILIKA LAKE:

  • After the New Caledonian barrier reef, it is Asia’s largest and world’s second-largest brackish water lagoon.
  • A lagoon is a shallow body of water that is isolated from a larger body of water by a narrow landform like reefs, barrier islands, barrier peninsulas, or isthmuses.
  • It has been designated as a Ramsar Site and a possible UNESCO World Heritage Site.
  • Chilika Lake was declared as the first Ramsar Convention wetland of international importance in India in 1981.
  • Satapada Island, Irrawaddy dolphins are frequently seen.
  • In 1987, Nalabana Island (Forest of Reeds), a 16-square-kilometer island in the lagoon, was designated as a bird sanctuary.
  • It covers an area of nearly 1,100 km2 and is located at the mouth of the Daya River, which flows into the Bay of Bengal.

ABOUT BNHS:

  • The Bombay Natural History Society (BNHS), founded on 15 September 1883, is one of the largest non-governmental organisations in India engaged in conservation and biodiversity research
  • BNHS is the partner of Birdlife International in India, it has been designated “Scientific and Industrial Research Organization” by the Department of Science and Technology.

4. INCREASE IN RAINFALL IN NORTH AND CENTRAL AFRICA: STUDY

THE CONTEXT: Rainfall trend analysis of Africa published in the journal Remote Sensing showed a significant increase in annual rainfall at the national level from 1983 to 2020 in almost all regions of the continent, except those in the south and the east.

THE EXPLANATION:

  • Country-level annual rainfall variability indicated that after 2000, the annual rainfall in most of the countries in the Central African region exceeded 1,700 mm. However, Algeria, Tunisia, Mali, Niger and Western Sahara in the Northern and Eastern African regions showed an apparent increase in annual average rainfall from 1983 to 2020.
  • The highest annual rainfall trends were recorded in Rwanda (11.97 millimeters per year), the Gulf of Guinea (river basin 8.71 mm/year), the tropical rainforest climate zone (8.21 mm/year) and the Central African region (6.84 mm/year).
  • The lowest annual rainfall trends were recorded in Mozambique (−0.437 mm/year), the subtropical northern desert (0.80 mm/year), the west coast river basin of South Africa (−0.360 mm/year) and the Northern Africa region (1.07 mm/year).
  • In the tropical northern desert climates, tropical northern peninsulas and tropical grasslands, there was a significant increase in rainfall over the entire timeframe of the month, season and year.
  • Climate variability directly impacts agriculture and poses a significant threat to food security and livelihoods, especially in poor or developing countries.
  • A slight variation in climatic conditions can subject a large number of the rural poor to increased poverty and misery as their ability to earn their livelihoods is compromised.
  • Adverse impacts of climate variability and change are making it difficult for the poor rural populations to continue engaging in meaningful agriculture and obtain secure livelihoods. This is because agricultural productivity is highly dependent on rainfall.

BACKGROUND:

  • Africa receives rainfall over two major monsoons — the west African monsoon and East African monsoon. The Intergovernmental Panel on Climate Change Atlas introduced four other rainfall seasons, March-April-May, June-July-August, September-October-November, and December-January-February to study and compare the climate variability across geographies.
  • Rainfall in Africa is sensitive to large-scale climatic variables such as El Niño-Southern Oscillation, La Niña-Southern Oscillation, Indian Ocean Depot and Intertropical Convergence Zone. 

THE INTERNAL SECURITY AFFAIRS

5. INTELLIGENCE BUREAU’S COUNTER-TERRORISM GRID: MAC

THE CONTEXT: The Centre wants the States to share more intelligence inputs through the Multi-Agency Centre (MAC), a common counter-terrorism grid under the Intelligence Bureau (IB) that was made operational in 2001 post-Kargil war.

THE EXPLANATION:

  • Union Home Ministry asked the Director’s General of Police to share adequate information and actionable inputs through the MAC.
  • As many as 28 organizations, including the Research and Analysis Wing (R&AW), armed forces and State police are part of the platform and various security agencies share real-time intelligence inputs on the MAC. Plans are afoot for more than a decade to link the system up to the district level.
  • According to the Home Ministry, though the system existed to share information among various agencies, it was not being implemented effectively. “States are often reluctant to share information on the platform.
  • There are around 400 secured sites connected with the MAC headquarters. The reluctance on the part of the States was also stated in a parliamentary standing committee report in 2020.
  • The committee had observed that the contribution made over the years by State agencies is lower in the overall inputs that had been received at the MAC. The IB had informed the committee that all organizations that are in any way involved in the counter-terrorism effort is a member of this center. All the States have a subsidiary multi-agency center (SMAC) located in all State capitals. The IB informed the panel that the Ministry of Home Affairs (MHA), along with the IB, was contemplating extending the connectivity of SMAC to the districts.

WHAT IS THE NEED?

According to the Home Ministry, “It is highlighting the continued threats of terrorism and global terror groups, terror financing, narco-terrorism, organized crime-terror nexus, illicit use of cyberspace, movement of foreign terrorist fighters, it also stressed upon the need for better coordination and synergy among the central and state security agencies in countering the ever-changing counter-terrorism and security challenges.

ABOUT THE CENTRE

  • MAC was formed in December 2001 following the Kargil intrusion and the subsequent overhaul of the Indian national security apparatus suggested by the Kargil Review Committee report and GoM report.
  • Accordingly, the Intelligence Bureau (IB) was authorized to create a multi-agency center (MAC) in New Delhi.
  • Now functioning 24/7 as the nodal body for sharing intelligence inputs, MAC coordinates with representatives from numerous agencies, different ministries, both central and state.
  • As noted in a 2016 parliamentary report the major contributors of intelligence inputs to the MAC were the Defence Intelligence Agency (DIA) and the Research and Analysis Wing (R&AW).

THE PRELIMS PRACTICE QUESTION 

Q1. Which one of the following ancient towns is well-known for its elaborate system of water harvesting and management by building a series of dams and channelizing water into connected reservoirs?

  1. Dholavira
  2. Kalibangan
  3. Rakhigarhi
  4. Ropar

ANSWER FOR 04TH JANUARY 2022

ANSWER: C




Day-119 | Daily MCQs | UPSC Prelims | CURRENT DEVELOPMENTS

[WpProQuiz 129]




SHOULD AFSPA BE REPEALED OR NOT?

THE CONTEXT:  After the killing of 13 civilians in Nagaland, many activists and states government of the North-East is demanding the repealing of the Armed Forces Special Powers Act (AFSPA) from the state. There have been different views and opinions over it. This article discusses various issues around Armed Forces Special Protection Act (AFSPA).

WHAT HAPPENED IN NAGALAND?

  • In Nagaland, the Indian Army’s 21 Para regiment responded to an insurgent group’s intel. The plan was to ambush the group, but Army shoot 6 civilians by mistake. When they were returning home in a vehicle from a coal mine, the incident took place.
  • After killing these people, the local resident had gathered at the scene, and a clash erupted. Seven more civilians and one soldier were killed in the scuffle. In total, 15 people (14 civilians and 1 soldier) lost their lives (so far).
  • The regiment is not often based in Nagaland and reports say they were brought in from Assam for the special op. The 21 paras are also an elite special forces unit, signifying that the operation was cleared at a high level.

WHY ARE PEOPLE DEMANDING FOR THE REPEALING AFSPA LAW?

  • Armed Forces Special Powers Act (AFSPA) is often referred to as a draconian colonial-era law.
  • In the North-East, it is in place in ‘disturbed’ parts of Assam, Nagaland, Manipur (except Imphal), Arunachal Pradesh and Meghalaya. It gives the Army sweeping powers to arrest, shoot or kill anyone based on suspicion. They don’t require a warrant to do so. And Army personnel involved are seldom charged with any crime in such cases.

ALL YOU NEED TO KNOW ABOUT AFSPA

THE ORIGIN:

  • The British promulgated the Armed Forces Special Powers Ordinance of 1942 on 15 August 1942 to suppress the Quit India Movement. Modeled on these lines, four ordinances were invoked by the central government to deal with the internal security situation in the country in 1947 which emerged due to the Partition of India.
  • Article 355 of the Constitution of India confers power to the Central Government to protect every state from internal disturbance.
  • In 1954, the Naga began an uprising for independence. At this point, Nehru’s government passed the “Armed Forces Special Powers Act” (1958) in the parliament.

FEATURES OF AFSPA:

  • Passed in 1958 for North East and in 1990 for Jammu and Kashmir, the law gives armed forces necessary powers to control disturbed areas that are designated by the government.
  • As of now, this act is in force in Jammu and Kashmir, Assam, Nagaland, and parts of Arunachal Pradesh and Manipur.

DISTURBED AREA:

  • A disturbed area is declared by notification under Section 3 of the AFSPA. An area can be disturbed due to differences or disputes between members of different religious, racial, language, or regional groups or castes or communities.
  • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area. A suitable notification would have to be made in the Official Gazette.

WHAT ARE THE SPECIAL POWERS GIVEN TO ARMY OFFICIALS?:

  • Under Section 4 of the AFSPA, an authorized officer in a disturbed area enjoys certain powers. The authorized officer has the power to open fire at any individual even if it results in death if the individual violates laws that prohibit (a) the assembly of five or more persons; or (b) the carrying of weapons. However, the officer has to give a warning before opening the fire.
  • The authorized officer has also been given the power to (a) arrest without a warrant; and (b) seize and search without any warrant any premise to make an arrest or recovery of hostages, arms, and ammunition.
  • Individuals who have been taken into custody have to be handed over to the nearest police station as soon as possible.
  • The prosecution of an authorized officer requires prior permission of the Central government.

AFSPA IN DIFFERENT STATES

SUCCESS STORIES

In 2015 Tripura repealed AFSPA. Under chief minister Manik Sarkar, the Tripura administration did a remarkable job of getting on top of insurgency. It was a combination predominantly of political will and the use of security forces to bring peace. Mizoram is another example. There, the greatest success lay in the central leadership under Rajiv Gandhi offering to make Laldenga the chief minister. The involvement of insurgent leaders in electoral politics can be an effective way to deal with the insurgency.

  • At present, it is in force in the States of Assam, Nagaland, Manipur {excluding Imphal Municipal Council Area}, Changlang, Longding, and Tirap districts of Arunachal Pradesh, and areas falling within the jurisdiction of the eight police stations of districts in Arunachal Pradesh bordering the State of Assam.
  • Assam was the first state where AFSPA was enforced. The whole State except the Guwahati Municipal Area is under AFSPA.
  • In 2018, The AFSPA has been removed completely from Meghalaya and partly in Arunachal Pradesh.
  • Nagaland is under the purview of AFSPA even before its formation in 1961.
  • The AFSPA is applicable in the whole state of Manipur except the Imphal Municipal Area.
  • Punjab state was declared disturbed and subject to the Armed Forces (Punjab and Chandigarh) Special Powers Act from 1983 to 1997.
  • The AFSPA is applicable in the whole state of Jammu and Kashmir. It was applied under the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.
  • Mizoram was declared a disturbed area in January 1967. Following the signing of a peace accord in June 1986, the AFSPA is no longer applied in Mizoram.
  • In 2015, the Tripura government had lifted AFSPA from the state after 18 years. The reason behind the removal of AFSPA in Tripura was that there has been a significant decline in militancy.

JUDICIAL PRONOUNCEMENTS ON AFSPA

NPMHR VS UOI:

  • The Supreme Court has upheld the constitutionality of AFSPA in a 1998 judgement-Naga People’s Movement of Human Rights v. Union of India.
  • In this judgment, the SC arrived at certain conclusions including
  1. A suo-motto declaration can be made by the Central government, however, the state government should be consulted by the central government before making the declaration.
  2. AFSPA does not confer arbitrary powers to declare an area as a ‘disturbed area’.
  3. The declaration has to be for a limited duration and there should be a periodic review of the declaration 6 months have expired.
  4. While exercising the powers conferred upon him by AFSPA, the authorized officer should use the minimal force necessary for effective action.

The authorized officer should strictly follow the army’s ‘Dos and Don’ts’ issues. Few ‘Dos and Don’ts’ are as follows :

DO’S

  • Act only in the area declared ‘Disturbed Area’ under Section 3 of the Act.
  • Arrest only those who have committed the cognizable offense.
  • Hand over the arrested persons to the nearest police station with the least possible delay.
  • Ensure medical relief to any person injured during the encounter.
  • Answer questions of the court politely and with dignity.
  • Maintain a detailed record of the entire operation correctly and explicitly.

DONT’S

  • Do not keep a person under custody for any period longer than the bare necessity for handing over to the nearest police station.
  • Do not use any force after having arrested a person except when he is trying to escape.
  • Do not use third-degree methods to extract information or to extract a confession or other involvement in unlawful activities.
  • After the arrest of a person by the member of the armed forces, he shall not be interrogated by the member of the armed force.
  • Do not release the person directly after apprehending on your own. If any person is to be released, he must be released through civil authorities.
  • Do not tamper with official records.

EEVFAM VS UOI:

In 2016, in a landmark ruling– Extra Judicial Execution Victim Families Association (EEVFAM) vs Union Of India, the Supreme Court of India ended the immunity of the armed forces from prosecution under AFSPA.

STAND TAKEN BY GOVERNMENT AND MILITARY

GOVERNMENT: In 2018, the government informed parliament that the government has taken no decision to repeal the controversial AFSPA as recommended by the Jeevan Reddy Committee Report.

MILITARY: The serving military establishment has fiercely stalled AFSPA’s repeal, as viciously as it would fight a war against an enemy. Senior officers even launched a Facebook campaign to “save AFSPA.” Without the AFSPA, the Army will not be able to stage counter-insurgency operations. AFSPA free enclaves will be magnets for insurgents.

REPEAL OR NOT?

REPEAL:

  • It has been dubbed as a license to kill. Human Rights Activists object to sections 4 and 6 of the act.
  • Critics say the act has failed to contain terrorism and restore normalcy in disturbed areas, as the number of armed groups has gone up after the act was established. Many even hold it responsible for the spiraling violence in areas it is in force.
  • The decision of the government to declare a particular area ‘disturbed’ cannot be challenged in a court of law. Hence, several cases of human rights violations go unnoticed.
  • AFSPA is inconsistent with the structure and spirit of our democracy and brings down India’s image at the global high table at a time when it is looking to be a permanent member of the U.N. Security Council.
  • The primary focus of a counter-insurgency operation should be WHAM (winning hearts and minds), and not liquidation or elimination. AFSPA lets troops get away with murder. Its frequent use encourages a culture of impunity that is counterproductive to WHAM; it increases the disconnection between the forces and the local population.
  • AFSPA leads to a sharp drop in professionalism and dehumanizes and corrupts the Army and paramilitary forces.
  • According to a few retired senior police officers involved in the thick of counter-insurgency operations, AFSPA is like having a shield for security apparatus when it is no longer required. After a certain amount of time, there is no correlation to controlling violence with AFSPA.

NOT TO REPEAL: 

  • Most of the arguments against AFSPA are idealistic i.e. the arguments do not include the concerns of the army. It selectively excludes the sensitivity of the issue.
  • Removal of the act will lead to demoralizing the armed forces and see militants motivating locals to file lawsuits against the army.
  • The absence of such a legal statute would adversely affect organizational flexibility and the utilization of the security capacity of the state. This would render the security forces incapable of fulfilling their assigned role.
  • Extraordinary situations require special handling. As the army does not have any police powers under the Constitution, it is in the national interest to give it special powers for operational purposes when it is called upon to undertake counter-insurgency operations in disturbed areas.
  • The first principle of security is to accept reality as it is and not what one wants it to be. Thus, Army has taken a pragmatic stand and advocated that AFSPA as the sine qua non for counter-insurgency operation in disturbed areas.
  • Jammu & Kashmir and the North-East region converge both India’s internal and external security. Thus given the strategic importance of these regions and the huge international porous border, AFSPA becomes the necessary tool in the hands of the Army. It is an evil but necessary one.

PROTECTIVE MEASURES PROVIDED:

  • Section 5 of the Act already mandates that arrested civilians must be handed over to the nearest police station, along with a report of ‘circumstances occasioning the arrest.’
  • Army HQ has also laid down that all suspects who are arrested will be handed over to civilian authorities within 24 hours.
  • Regarding firing on civilians, the army’s instructions are that fire may be opened in towns and villages only in self-defense and that too when the source of terrorist or militant fire can be identified.

RECOMMENDATIONS MADE BY EXPERTS

JEEVAN REDDY COMMITTEE: The committee found that the powers conferred under the Act are not absolute; it nevertheless concluded that the Act should be repealed. it recommended that essential provisions of the Act be inserted into the Unlawful Activities (Prevention) Act of 1967.

The key recommendations of the Reddy Committee were:

  • If the situation warrants, the state government may request the Union government to deploy the army for not more than six months.
  • The Union government may also deploy the armed forces without a request from the state. However, the situation should be reviewed after six months and Parliament’s approval should be sought for extending the deployment.
  • Non-commissioned officers may continue to have the power to fire.
  • The Union government should set up an independent grievances cell in each district where the Act is in force.

JUSTICE VERMA REPORT: Sexual violence against women by members of the armed forces or uniformed personnel must be brought under the purview of ordinary criminal law. There is an imminent need to review the continuance of AFSPA and AFSPA-like legal protocols in internal conflict areas as soon as possible.

THE SECOND ARC: It recommended that AFSPA should be repealed and its essential provisions should be incorporated in the UAPA.

SANTOSH HEGDE COMMISSION ON MANIPUR ENCOUNTER DEATHS: It suggested fixing a time frame of three months for the central government to decide whether to prosecute security personnel engaged in extrajudicial killings or unruly behavior in insurgency-hit regions. The commission noted that AFSPA was an impediment to achieving peace in regions such as Jammu and Kashmir and the North East. The commission also said the law needs to be reviewed every six months to see whether its implementation is necessary for states where it is being enforced. Section 6 of the act said that it is not that no action can be taken at all. Action can be taken but with prior sanction of the Central Government.

SARKARIA COMMISSION: It suggested the states develop their system of maintaining and dealing with public order.

THE NATIONAL POLICE COMMISSION: It recommends deploying the Central Reserve Police force for day-to-day policing instead of engaging the army and paramilitary forces.

UNITED NATIONS VIEW: In 2012, the UN asked India to revoke AFSPA saying it had no place in Indian democracy. Some UN treaty bodies have pronounced it to be in violation of International Law.

NON-GOVERNMENTAL ORGANIZATIONS’ ANALYSIS: Many human rights organizations such as Amnesty International and the Human Rights Watch (HRW) have condemned human rights abuses under AFPSA. According to Amnesty International India, AFPSA legitimizes impunity for sexual violence among women and opens up the floodgates to extrajudicial killings in the declared disturbed areas.

THE WAY FORWARD: HOW CAN COUNTER-INSURGENCY OPERATIONS BE IMPROVED IN INDIA?

BETTER WORKING OF THE AFSPA:

Some viable suggestions for better working of the AFSPA could be:

  • Section 4(a) should be repealed or amended as it is against be the right to live. It also violates the principles upheld by criminal justice: the assumption of innocence until one is proven to be the offender. It is also inconsistent with Article 246 and the 7th Schedule that places ‘Law and order’ under the State’s list. Therefore, it is Ultra vires.
  • Section 5 of the Act should be consistent with Article 22 of the constitution under which it is compulsory to present an arrested person in front of the Magistrate within 24 hours.
  • The scope of Section 6 should be increased. The sanction of the Central Government shouldn’t be waited for; maybe a special committee could be formed to begin inquiries straight away without any delays or prejudices against anyone.

SMARTER APPROACH: Repeal of AFSPA should be seen as the first step to create a smarter and more effective counter-insurgency capability that draws more on information technology, psychological operations, political persuasion, and conflict resolution.

COUNTER-INSURGENCY DOCTRINE: The government will have to evolve a counter-insurgency doctrine which will not only seek to keep the Army out of the “internal security” matrix to the extent possible and deploy other specifically trained and highly skilled forces that observe the principle of “minimum force” and demonstrate a respect for human rights and accountability in keeping with the letter and spirit of the Constitution.

TRANSPARENCY: Innovative measures must overcome the practical problems encountered in ensuring transparency in counter-insurgency operations. The army must be completely transparent in investigating violations of human rights violations and bringing the violators to speedy justice. Exemplary punishment must be meted out where the charges are proved.

GENDER-SENSITIVE TRAINING: The National Crime Records Bureau (NCRB) has been reporting not only high rates of crimes against women but disturbingly low rates of conviction. A study by the Centre for Social Research, New Delhi, has asked for greater emphasis on gender awareness and sensitivity in police training. The National Police Academy was advised to formulate a gender policy for police training. But unfortunately, the document titled ‘Integrated Police Training’ (2012) prepared by NPA is silent on the vital issue of sensitizing IPS officers to domestic violence against women, violence against women in public places, and so on.

THE CONCLUSION: India’s Act East policy will gain traction only if there is a committed road map for withdrawing AFSPA. The task of the army is to combat external aggression, not policing and internal security within the country. It is high time that both the Centre and state governments actively worked towards the withdrawal of AFSPA without narrow political gains in mind.