UPSC Mains Answer Writing Practice GS 2 – Free Test 11

1. India’s neighbourhood relations revolves around the China  Evaluate(10 Marks)

Answer: India adopts a ‘Neighbourhood First’ policy in her foreign relations which involve frequent high-level political exchanges and “non-reciprocal policy” towards its smaller neighbours. The neighbourhood relations are influenced majorly by the China factor as seen:

• China’s growing economic and military footprints makes it the top tradingpartner and a major investor in most of its smaller neighbours. All of the countries except Bhutan, joined China’s Belt and Road 
• The growing affinity ofthe neighbouring countries towards China causes India to launch its own regional integration methods such as SAARC Satellite, SAARC University, agreement on BBIN Corridor 
• India mainly adheres to its benign and noble policy of non-interference intointernal affairs of other countries in the  However, with China becoming a major player in the region, India has put several alleged sanctions on its neighbours such as the unofficial economic blockade of Nepal in 2015.
• The increased chinese presence in Pakistan Occupied Kashmir (PoK) through itsChina Pakistan Economic Corridor is affecting the territorial sovereignty of  India’s increased engagement with Iran in building Chabahar port can be seen in this light.
• China’s influence in Myanmar has grown while India’s engagement has reducedduring the years of insurgency. The presence of Golden Triangle near the region and insurgent groups from Myanmar affect the security of North East  In this context, India has signed a Treaty on Organised Crimes with the South East Asian nations to reduce its impacts.
• Indiatries to increase the military engagements and presence near the Siliguri Corridor and the Doklam plateau because of the series of Chinese incursions into its 
• India- Maldives relationship turned sour with the previous Yameen Governmentgoing ahead with an economy-centric FTA with China without considering 

Yet, there are several dynamic challenges faced by India in extending its neighbourhood relations with its neighbouring countries such as the dominance of Taliban in Afghanistan, the internal issues of Nepal such as the adoption of new constitution, the Madheshi issue etc. which cause cleavages in India- Nepal relations. Similarly, in Bhutan the issues of trade imbalance, disadvantages of overdependence on India and poor delivery mechanism are being debated in the media with increasing regularity. The latest episodes of National Register for Citizens, Citizenship Amendment Bill, illegal migration issues, river water disputes etc. all influence India’s neighbourhood relations apart from China factor.

2.The time has come for India and Japan to build a strong contemporary relationship, one involving global and strategic partnership that will have a great significance for Asia and the world as a whole. Comment. (10 Marks)

Answer: India and Japan have shared a long enduring strategic and economic partnership which got further elevated to a ‘Special Strategic and Global Partnership’ in 2014. It is now time for both of the countries to build a strong contemporary relationship.

Global and Strategic Partnership in the relations include the measures that have significance around the globe such as democratisation of United Nations Security Council, climate change talks, adoption of various free trade agreements like RCEP. Similarly, the strategic partnership includes the implementation of Asia Africa Growth Corridor, signing of India- Japan civil nuclear deal, Memorandum of Cooperation and Exchanges in the Field of Defence, Quad group summits to contain the presence of China, Act East Policy of India to reach out to her extended neighbourhood such as Far East Japan.

This can have great significance for Asia and the world as a whole such as:
●US-India-Japan trilateral dialogue is essential to maintain the Indo-Pacific Region open for sea lanes of communication, enhance the trade relations etc.
●Encourage the entry of foreign technologies in the defence field under the ‘Make in India’ scheme.
●Both countries depend critically on sea- borne trade for sustaining their economies. It is significant in the times of South China Sea dispute.
●Japan’s ODA as well as Japanese private investment such as the Mumbai- Ahmedabad bullet train is critical to realise the Asian century.
●India announced a proposal to develop an Asia-Africa Growth Corridor with the support of Japan. It can bring about greater integration within the Indo-Pacific region by undertaking several infra-structure projects. India and Japan have already started collaborating on projects in Myanmar, Sri Lanka, Bangladesh, and Kenya etc.

Japan has the potential to be a development multiplier in India. Therefore, India should develop an independent relation with Japan which is independent of its relations with China, US etc.

3. India-US relationship is yet to reach its zenith. Identify and analyse the various sectors where the relation between the two countries could be enhanced? (10 Marks)

Answer: India-U.S. bilateral relations have developed into a “global strategic partnership”, based on shared democratic values and increasing convergence of interests on bilateral, regional and global issues. Yet it has not blossomed into its full potential yet as seen in instances such as conflicts over trade wars, Generalised System of Preferences, over allocation of H1B visa etc.

The various sectors where the relation between the two countries could be enhanced are:
●Strategic field: USA and India has significant divergence in the issues such as Israel- Palestine conflict, Syrian wars etc. Both the sides have two different viewpoints which affect their converging interests in international scenario.
●The USA also oppose the CCIT proposed by India in United Nations. India, on the other hand being a major victim of terrorism is adamant to adopt the CCIT convention to combat terrorism.
●Civil Nuclear Cooperation: Despite signing the 123 Nuclear Agreement, the exchange of nuclear energy technology has been slow between the countries. The six AP 1000 reactors to be built by Westinghouse is pending for a long time.
●Defence: ‘New Framework for India-U.S. Defense Relations’ in 2005 was signed between India and USA. India also signed LEMOA agreement with USA to exchange the military logistics. Yet, India and USA is unable to thwart the rising power of China in Indian Ocean which affects their interests in the region.
●Trade and Economy: As per Indian official statistics, the cumulative FDI inflows from the US from April 2000 to December 2015 amounted to about $
17.94 billion constituting nearly 6% of the total FDI into India. The existing challenges of Protectionism vs globalisation, reduction in H1B visas allocated to the Indians, America First policy of the current USA government, disputes at the WTO level etc. impede the economic growth of both countries.
●Education and Space: USA is helping India in the area of Technology Enabled Learning and Massive Open On-line Courses (MOOCs) to extend the reach of education in India. The Global Initiative for Academic Networks shall be utilised for foreign scholars to teach in Indian universities at their convenience.
●Cultural Cooperation: Apart from the India-focused educational programs at the Universities and educational institutions, many private institutions teach Indian cultural arts. The cultural engagement can be enhanced with the adoption of enhanced peer to peer ties, announcement of Travel and Tourism Partner Countries, restriction on foreign visitors from each countries etc. 

4. Do you think the strategic relation between Gulf Cooperation Council and particularly Saudi Arabia helps India in achieving its interests in the Middle East? (10 Marks)

Answer: India’s foreign policy has undergone wide change after emerged as a major economic force and global player in recent decades. India engages with the GCC primarily for economic interests such as a source for fuel imports and for Indian labor and remittances.

Along with it our foreign policy now include aims to position India as a global player on the world stage. It considers the GCC and Saudi Arabia as a vital cog to realise our own strategic ambitions.
The Manama Declaration signed in the recent Arab India Cooperation Forum aimed to curb all forms of terrorism and work for establishing global peace. The security concerns such as counter-terrorism, terror financing, money laundering and sea-lanes of communication figure prominently in India’s diplomatic relations.
Middle East can aid India’s aspirations to transform India into a US$5 trillion economy by 2025. India can attract a large portion of Gulf Arab investment for the development of infrastructure and for flagship schemes like Make in India. Eg: Abu Dhabi Investment Authority signed a $1 billion investment agreement with India’s National Investment and Infrastructure Fund on energy, transportation, water, and infrastructure. 

India views the Middle East as a key market for its growing refinery industry and is increasingly encouraging countries in the Middle East to invest in the sector. The safe passage of goods through the Indian Ocean Region is critical for this. The engagements and common military exercises are to make the area freely navigable.

In addition to engaging with the members of GCC and Saudi Arabia, India has to engage with other countries in the region as well to realise all its objectives. These include:

Look West policy, by focusing on three main axes: the Arab Gulf countries, Israel and Iran. The development of Chabahar port serves purpose by easier access to oil imports from Iran. Similarly, it can balance the Chinese trade and development projects in Central Asia and the Middle East which are associated with its Belt and Road Initiative.
The dehyphenation of Israel-Palestine relations have helped India to gain foothold in military and defence aspects. Israel also supplies India with cutting edge technology in agriculture for water conservation and efficiency.
India’s engagement with GCC and along with other regional players are vital to achieve its strategic interests. In addition to that, India has to deal with the dynamic challenges such as the Qatar- Saudi tug of war, Houthi rebellion in Yemen, Iran- Saudi proxy wars etc. proactively.

5.India-Africa relationship is yet to become fruitful for both the partners. How can it be improved? (10 Marks)

Answer: Historical, economic and cultural linkages underpin the Indo-Africa relationship. In the recent decades, there has been an increased regional and multilateral engagement with African continent and countries. Yet, it has not reached the desired levels because:

●Chinese chequebook diplomacy and debt traps crowd out other nations like India from making investments in Africa.
●Domestic issues of Africa such as ethnic conflicts, genocides, civil war, terrrorism etc. hinder true engagement. Eg: Bokoharam, Al Shabab.
●The engagements India has with Africa are majorly economical in nature and there is little diversification into strategic and political domains.
●Role of non state actors such as piracy, terrorism, organised crime, drug trafficking and small arms proliferation are issues of common concern.
●India has a negative trade balance with African countries mainly due to its over-dependence on and high demand for oil and natural resources.

The relationship can be strengthened through:
●African Peace and Security Architecture, established in 2002, is a step towards finding ways and means of conflict prevention and peace keeping in the African region.
●Asia Africa Growth Corridor , a fresh initiative led by India and Japan to enhance connectivity between the two continents can enhance the economic integration.
●Strengthen the cooperation through regular India-Africa Forum Summits. Eg: At the 3rd India-Africa Forum Summit 2015, India announced a $10 billion lines of credit along with a $100 million Indian Development Fund.
●India is currently Africa’s fourth-largest trading partner, and Africa’s third-largest export destination. Indian government initiatives like Focus Africa, TEAM-9, Duty-Free Tariff Preference Scheme for Least Developed Countries have succeeded in lifting bilateral trade and investment flows to new heights.
●Multilateral forums such as International Solar Alliance, African Development Bank Group etc. have to be utilised to engage with the African countries.
●Prime Minister of India introduced 10 Guiding Principles for India-Africa engagement such as improving Africa’s agriculture, addressing climate change, strengthen cooperation and mutual capabilities in combating terrorism and extremism etc. which are necessary to maintain global South-South cooperation.

The declaration of the Ten Guiding Principles for India-Africa engagement is a welcome step in creating a concrete framework for India’s relations with Africa. This can be used as the benchmark to strengthen Indo-Africa relationship.

6. Why coastal security in India is critical to ensure its growth and development? (10 Marks)

Answer: With about 7500 km of coastline, India needs a stable and secure coastline free from external and internal security challenges to ensure its economic growth and development.

India faces various coastline threats such as absence of effective barriers against possible intrusions, lack of adequate technology to detect the non state actors which promote coastal terrorism, orgnised crimes etc. Similarly the topography such as open bays, creeks etc. makes them more vulnerable.

Coastal security and growth & development:
●Critical Infrastructure of India are located along the coastline. Hence, such infrastructures such as nuclear power plants, Space Research Organisation launching stations etc. can be protected from intrusions.
●Major metro cities such as Mumbai, Kolkata, Chennai etc. are located along the coastal areas. Therefore, it is vital to promote coastal security.
●A strong coastal security means less organised crimes through the borders of country. This will reduce the flow of Fake Indian Currency Notes, drug trafficking, human trafficking, black money etc. into our country.
●Coastal security can reduce the threat of external terrorism as a whole. The local coastal based economy can grow through the development of sustainable tourism along its coastal lines. The development of economically important Coastal Economic Zones etc. will be more successful.
●India can be a net security provider in the Indian Ocean Region as well. With that, its relations with the littoral countries can be enhanced too resulting in more active trade through sea route.
●The connectivity through coastal areas into other countries can be enhanced as well through a safe and secure coastal zone.

Coastal Surveillance Network, Coastal Surveillance Network, Indian Ocean Naval Symposium etc. are vital steps taken by Indian government to promote coastal security.

7. Left Wing Extremism (LWE) is showing a downward trend, but still affects many parts of the country. Briefly explain the Government of India’s approach to counter the challenges posed by LWE (10 Marks)

Answer: Left Wing extremism or Naxalism aims at armed over-throw of the state architecture and establishes their own government. It is the single largest internal security threat that affects the largest number of States in India. The areas affected by LWE is Red Corridor. As per the Ministry of Home Affairs, 90 districts in 11 States are considered as affected by Left Wing Extremism. However, it is now being spread from its traditional places like Bastar, Dandakaranya region to the South India and in urban areas as well.

With the LWE, there will be a governance gap developed in these areas and the local level administration will be non existent in such places. The people belonging to this region will be ideologically converted by the extremists and it causes internal security threat to the nation as a whole.

Government has taken several measures to counter challenges posed by LWE:

● Connectivity: Road Requirement Plan-I (RRP-I) envisages construction of 5,422 kms roads at estimated cost of ₹ 8,593 crore. Mobile tower projects to improve mobile connectivity are under implementation in two Phases. Department of Financial Services has opened 604 new bank branches and installed 987 ATMs in 30 most LWE affected districts.
● Development Assistance: Government of India has approved Special Central Assistance (SCA) Scheme for the most LWE affected districts, under which funds are provided to States for filling the critical gaps in public infrastructure & services.
● National Policy: The implementation of National Policy and Action Plan has resulted in considerable improvement in LWE scenario over the years in the LWE affected States as reflected by decline in number of LWE incidents and shrinkage in geographical spread of LWE influence.
● National Technical Research Organisation is assisting the paramilitary forces in deployment of Unmanned Aerial Vehicles to detect the Improvised Explosive Devices.
● Integrated Action Plan and Civic Action Programme are implemented to simultaneously bring development in Red Corridor and take people into confidence.
● SAMADHAN Doctrine was envisaged by Ministry of Home Affairs to frame short term and long-term policies to tackle LWE. It includes improving actionable intelligence, smart leadership etc.

 

8. Do you think India’s cyber security standards are strong enough to protect the critical infrastructures in the country? Evaluate and also suggest measures to improve cyber security standards. (10 Marks)

Answer: The World Economic Forum’s Global Risks Report highlights that India faces wide cyberattacks due to its lackadaisical approach towards ensuring cybersecurity. The digital infrastructure faces several vulnerabilities due to which the recent cyberattacks like Ransomware attack occurred in India. Similarly, about 3.2 million ATM data were breached from the banking transaction details of customers.

India’s cyber security standards faces challenge in protecting the critical infrastructures of the country as seen:
●Nuclear Power Corporation of India Ltd accepted cyber attack on the system in Koodankulam Nuclear power plant.
●Critical infrastructure is largely owned and operated by the private sector who lack the resources for cyber security protection.
●Absence of a robust policy to protect the critical infrastructure. The National Cyber Security Policy (NCSP) mainly covers defensive and response measures and makes no mention of the need to develop offensive capacity.
●Critical infrastructures in India are not well defined under the IT Act in India.
●A mechanism for measuring preparedness of critical sectors such as security index, which captures the preparedness of the sector is often lacking in India.

Therefore, measures have to be taken to improve cyber security standards such as:
● A Cyber Coordination Centre should be established at the operational level, staffed by personnel from the relevant operational agencies.
● MHA should be the nodal agency for handling cyberterrorism. National Security Council Secretariat should be given the nodal agency for coordinating the efforts to protect critical infrastructure of the country.
● International cooperation is crucial to handle cyber crime, cyberterrorism and in managing risks in cyberspace. Government of India should join Budapest Convention for the exchange of technology.
● Raise a Cyber Command and build up offensive capabilities. Create a pool of trained people such as Cyber TA Battalions who can provide capacity to launch offensive strikes during critical periods.
● Government should promote R&D in private industry through active government support for industry-led research projects in the areas of security.
● Capacity building in the area of cyber crime and cyber forensics in terms of infrastructure, expertise and availability of HR and cooperation between industry is also necessary.

9. Why has Indo-Russian cooperation been limited to energy and defence when India has so much to offer? (15 Marks)

Answer: India and Russia share decades of close linkages during the Soviet era itself. Post Cold War, the relations were guided by Treaty of Friendship and Cooperation, and a year later in defence with a Military-Technical Cooperation agreement.

Defence is one of the strongest pillars of the India-Russia relationship. Russia is committed to becoming a partner in the ‘Make in India’ programme. Also, India-Russia Military-Industry Conference is being held in several rounds. Along with that, India is the largest buyer of the defence equipments from Russia. However, there was not a simultaneous revival in cooperation in other fields:
●The Russian economy’s downslide, alongside competition from other fast-developing nations, as well as the problems associated with doing business in Russia contributed to the decline in the share of India in Russian trade.
● Similarly there were disputes regarding rupee-rouble rate and repayment of amount owed by India. As a result, economic relations were not smooth between these countries.
● The cultural and people-to-people contacts reduced post Cold War due to the significant fund cuts. As a result, the number of institutions in India teaching Russian language declined, as well as the number of students enrolled in these courses.
● India also moved from their historic alignment with the Soviet side and diversified their foreign policy with the Western countries.
● The connectivity from India and Russia and trade from both of these countries were delayed due to the distance between the two nations. The delayed projects impede the Indo- Russia cooperation in multiple dimensions.
● Russia are facing domestic issues associated with the annexation of Crimea and subsequent sanctions which affect its foreign relations.

The need to diversify the relationship was agreed upon the Sochi informal summit in 2018. India and Russia has to undertake many reforms such as a push to accelerate negotiations on the creation of EAEU-India free trade zone, fasten the connectivity projects such as INSTC, Chennai-Vladivostoke sea route etc. India’s recent promise of Line of Credit to the Far East of Russian region can also be of help to Russia in providing manpower for engaging in activities like agriculture, and construction.

India and Russia’s relationship cannot flourish on defence and historical linkages alone. With systemic changes underway in international relations, new dimensions of cooperation need to be found to build a strong economic and strategic partnership.

10.What could be the reasons for the unproductive functioning of SAARC while other regional associations like ASEAN and SCO have led to effective cooperation? (15 Marks)

Answer: SAARC is an intergovernmental organization and geopolitical union of states which represents about 20% of the world’s population. It was established to promote peace, stability, amity and progress in the region. Although the member countries engage through SAARC Chamber of Commerce and Industry, South Asian Free Trade Area, SAARC Secretariat etc. its functioning is hampered by several challenges leading to less productivity:

●Rising tension between India and Pakistan has often proved an obstacle in holding regular SAARC summits and meetings. Eg: Member nations have pulled off from attending the SAARC summit organised in Pakistan in 2018.
●SAARC Charter bars discussion on contentious bilateral issues, as a result SAARC plays a role of bystander without resolving the conflicts.
●SAARC is distinct because of the presence of a number of smaller countries versus a giant country where India allegedly plays a big brother attitude.
●Level of intra-Asian or intra-SAARC trade is nowhere in level as compared to similar multilateral organisations like the European Union, ASEAN.
●Informal and loose organisational set up of SAARC reduces the relevance of organisation.
●Terrorism, alleviation of poverty, climate issue, energy shortages and disease are other challenges faced by the members. In fact, South Asia is one of the most vulnerable towards climate change.

Association of Southeast Asian Nations is a regional intergovernmental organization comprising ten countries in Southeast Asia, which promotes intergovernmental cooperation and facilitates economic cooperation among its members. In the case of ASEAN, there are several factors which give foundation for its success such as:
●Stability in the region and increased geopolitical influence have also yielded greater prosperity for the member states. Asean’s collective GDP of $2.56 trillion makes it the 6th-largest economy in the world. It is expected that by 2050 Asean will have the 4th-largest economy in the world.
●The non interference principle in the ASEAN grouping enabled it to become a flexible organisation.
●The location of ASEAN countries give it an advantage; It is a major player in the great-power engagement in the Asia-Pacific region. A better integration between the member countries in the grouping helps it a lot.

Shanghai Cooperation Organisation was founded in 2001. Counterterrorism is a key area of multilateral cooperation within the SCO. The member countries organised Peace Mission to conduct mock drills and enhance military cooperation. It can also influence the engagement of member countries with Eurasia. It also helps India to converge its initiatives such as International North-South Transport Corridor (INSTC), the Ashgabat Agreement, the Chabahar port in the region 

11. The Mamallapuram Summit has reiterated the necessity of strong economic relations between India and China. Do you think in the current scenario of bilateral relations India and China could go hand in Hand? Critically Explain (15 Marks)

Answer: Building on the Wuhan spirit, India and China called for Chennai connect principles in the Mamallapuram summit. India and China agreed to set up a new mechanism for issues relating to trade and investment. India is the largest trading partner for China in Asia. As a result, robust economic relations are necessary for both countries. Both the countries have agreed to support and strengthen the rules-based multilateral trading system. They will work together for open and inclusive trade arrangements to maintain inclusive international order.

The current scenario of bilateral relations between India and China has many potential conflicting zones.

●Land and maritime sea border disputes such as in Aksai Chin of Ladakh region, about the places such as Arunachal Pradesh and Sikkim,Doklam land dispute, arguments over construction of Three Gorges dam by China in upstream diverting the water which comes to India.
●Security concerns for India regarding China’s continued logistical and military support to Pakistan, and its heavy investment in CPEC (China-Pakistan Economic Corridor) that violates India’s territorial integrity.
●Chinese representatives express their concerns regarding India’s ties with America and its role in America’s Indo-Pacific strategy and the QUAD grouping.
●China views that India is treating Dalai Lama in India as government in exile in Dharamsala. They oppose it and India’s decision to provide shelter to the Dalai Lama is a continued source of irritation in China-India relations.
● China is against the idea of including India as a member in the major groupings such as Nuclear Suppliers Group, United Nations Security Council permanent member etc.
Still, India and China relation has plenty to offer and it can go hand in hand:
● China is India’s largest Goods trading partner. The value of trade relations stands at about 55 billion dollars.
● India-China cultural exchanges date back to many centuries. Yoga is becoming increasingly popular in China. China was one of the co-sponsors to the UN resolution designating June 21 as the International Day of Yoga.
● India and China signed Education Exchange Programme (EEP) in 2006, which is an umbrella agreement for educational cooperation between the two countries.
● Both countries have combinedly held 6th Strategic Economic Dialogue and the 9th Financial Dialogue, and reached new consensus on cooperation in policy coordination, technology, energy and medicine.
● Both countries share coordination in global governance. China and India are both members of multilateral mechanisms such as China-Russia-India Trilateral, BRICS, SCO and G20, and share common interests in promoting globalization and opposing trade protectionism.
● Special Representatives’ meeting was held on the boundary question starting from 2003. Since then, as part of Confidence Building Measures such meetings were regularly held by India and China.
● Five Principles of Peaceful Coexistence were mentioned by both India and China which have become the basic norms of international relations.

With India and China conducting its relations hand by hand, there can be significant reform of the world trade organization, promotion of South-South cooperation, and promotion of the core values and principles of WTO etc. to combinedly realise the dreams of projected Asian Century. 

12.The long-sustained image or India as a leader of the oppressed and marginalised nations has disappeared on account of its newfound role in the emerging global order. Elaborate (15 Marks)

Answer: After gaining independence during the 1940’s Indian foreign policy was guided mainly by the idealistic policies of Nehru. In the bipolar world dominated by the proceedings of Cold War, India brought a Non Aligned movement to be not formally aligned with or against any major power bloc. It also sought to promote the decolonisation activities in the developing and Least Developed Countries such as in Africa, South East Asian nations.

However, over the years there is a transition from bipolar to a multipolar world, in which India is seeking for itself an important place. Our foreign policy has also moved from non-alignment, to a form in which decisions are taken on a pragmatic basis with realistic considerations. This was fuelled by the end of Cold War where Soviet Union got disintegrated and India slowly opened its economy through economic liberalization reforms. Similarly, a newfound pragmatism began to emerge and by the late 1990s India was willing to place its own national economic and security interests ahead of broader ideas of global justice and equity. These can be visibly seen in the cases of:

● India has abstained from voting on a UN resolution condemning violence against Rohingyas by the Myanmar government. This decision is propelled by India’s strategic requirement to be close to Myanmar in order to fight insurgency in the northeast.
● India’s requirement to be close to the US is time and again coming in its way to improving ties with Iran. Eg: Recent decision of cutting down on oil imports from Iran.
● The de-hyphenation of Israel and Palestine’s relations where it will pursue bilateral relations with both the countries independent of each other is another such example. It is driven by our need to have a robust defense partner in from of Israel.
● Recently, there were aggressive forms of reactions from the top political executives and leaders in the case of Nuclear Doctrine as well. The suggestion of withdrawl of the No First Use can be seen in this regard.
● Refugee situation: India, unlike the previous instances adopt a more conservative approach towards the refugees. The illegal migrants from neighbouring countries like Bangladesh and Myanmar is sent to detention in the recent years where as India welcomed large scale Tibetan refugees in the 1950s.
● Abstain from NAM: India’s Prime Minister did not take part in the annual NAM summit hosted in Venezuela in 2016.

13. Cross-border movement of insurgents is only one of the several security challenges facing the policing of the border in North-East India. Examine the various challenges currently emanating across the India-Bangladesh border. Also, discuss the steps to counter the challenges. (15 Marks)

Answer: Along with the cross border movement of insurgents from Bangladesh due to its close proximity with India and large unfenced boundaries between the both countries, several other security challenges emerge between the trans national boundaries. They are:

Challenges faced in the Indo-Bangladesh Border:
● Water disputes such as sharing of Teesta river, construction of Dam by India on Barak river.
● Illegal migration: Since the 1971 war of independence that created the state of Bangladesh, millions of Bangladeshi immigrants (the vast majority of them illegal) have poured into India.
● Inadequate border fencing due to issues such as riverine areas, protests by residing population, pending land acquisition etc.
● Trafficking of goods like jamdani sarees, rice salt etc. as well as cattle smuggling
● Lack of adequate border haats and integrated check posts make the Indo-Bangladesh border a safe haven for the terrorists.

Steps to curb these challenges:
● Government has announced the establishment of Border Protection Grid (BPG) with Indo- Bangladesh Border States.
● A crime-free stretch has been established between the BSF border posts at Gunarmath and Kalyani and the BGB (Border Guards Bangladesh) border posts at Putkhali and Daulatpur.
● Installation of Border surveillance devices such as closed-circuit cameras, searchlights, thermal imaging devices and drones to keep a tight vigil.
● The BSF and BGB have also been raising awareness among the locals regarding crime prevention in the border area.
● Establishment of Comprehensive Integrated Border Management System with infrared surveillance and thermal sensors to check the infiltration and reduce it.
● Regular mock drills and military exercises such as SAMPRITHI between India and Bangladesh border security forces.

In addition to that, a proactive dispute resolution mechanism, establishing a one border one force principle etc. can enhance the border dispute resolution in the boundaries.

14. Indian Government has recently strengthened the anti-terrorism laws by amending the unlawful Activities (Prevention) Act (UAPA), 1967 and the NIA act. Analyze the changes in the context of prevailing security environment while discussing the scope and reasons for opposing the UAPA by human rights organizations (15 Marks)

Answer: Counter-terrorism practices cannot be effective in the absence of firm and clear anti-terrorism law. In the last several decades, India has developed wide-ranging counter-terrorism practices and mechanism.

Unlawful Activities (Prevention) Act, 1967.

Under the Act, the central government may designate an organisation as a terrorist organisation if it: (i) commits or participates in acts of terrorism, (ii) prepares for terrorism, (iii) promotes terrorism, or (iv) is otherwise involved in terrorism. The Bill additionally empowers the government to designate individuals as terrorists on the same grounds.

Extent and Application of this Act
1. It is applicable across the entire country
2. Any Indian or foreign national charged under UAPA is liable for punishment under this Act, irrespective of the location of crime / offense committed
3. UAPA will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India
4. The provisions of this Act apply also to citizens of India and abroad.
5. Persons on ships and aircrafts, registered in India, wherever they may be are also under the ambit of this act.

The National Investigation Agency (NIA)

The National Investigation Agency (NIA) acts as the Central Counter Terrorism Law Enforcement Agency. The agency is authorised to investigate any terror related matter across the country without special permission of the states.it was constituted under the NIA Act, 2008 as aftermath of the Mumbai Terror attack of 2008. The main aims of this NIA amendment bill is to increase the powers of the NIA to tackle the terror activities in India and abroad. Amendment improved the scope of NIA and now it can handle cases related to human trafficking and Cyber – terrorism etc.

There are 3 major changes done in the original NIA Act, 2008
1.First change in NIA Act 2008: Expanded the offences that fall within its ambit Powers of NIA were to investigate cases related to Atomic Energy Act, 1962, and the Unlawful Activities Prevention Act, 1967. But the Original NIA act 2008 is changed and the ambit of the NIA was increased to investigate into matters related to,
1.Human trafficking
2.Counterfeit currency
3.Manufacture or sale of prohibited arms
4.Cyber- Terrorism
5.Offences under the Explosive Substances Act, 1908

(2) Second change in NIA Act, 2008: Expansion in the jurisdiction of the NIA

As per the act, the NIA officers had the same power as other police officers and these powers extend across the country. But the NIA amendment bill 2019 has increased the jurisdiction of the NIA officers and entitled them to investigate offences committed outside India also. Although NIA’s jurisdiction will be subject to international treaties and domestic laws of other countries.

(3) Third change in NIA Act, 2008: Session Court to Special Court

The third change relates to the special trials courts for the offences that come under NIA’s purview or the so-called “scheduled offences”. As per the original NIA act 2008; the Act allows the Centre to constitute special courts for NIA’s trials. But the NIA amendment Act 2019 allows the Central Government and the State Governments to designate Sessions Courts as Special Courts to conduct trials under the Act. Although this will be done in consultation with the Chief Justices of the High Courts of the respective State.

Prevailing security environment in India and reasons for opposing the UAPA by human rights organizations
These amendments are in pursuance of the government’s zero-tolerance policy against terrorism. These hold significance in the context of the prevailing security environment.

Terrorism emanating from Pakistan has been a consistent challenge whereby terrorist organisations have been devising new methods to threaten the stability of the region. This often included formation of new terrorist outfit by the individuals if their previous organisation was banned. This issue emerged during India’s efforts to designate Masood Azhar as terrorist when some foreign diplomats questioned India’s domestic law which didn’t provide for individual’s designation. Now, declaring an individual as a terrorist will help the government to deal with such situations.

Besides, there is growing menace of terror financing and organised crimes like human trafficking, cyber terrorism etc. An empowered NIA is a good step in this direction However, human rights organisations allege that these amendments violate the basic human rights and seek to create a police state. The UAPA does not clearly define a ‘terrorist act’.

The presumption of innocence is considered a universal human rights principle but the UAPA creates a presumption of guilt for terrorist offences based on the seized evidence.

Moreover, there is no set procedure for designation as a terrorist. By excluding judiciary and empowering the executive to designate, it dilutes the difference between a terrorist and a terror accused. Similarly, the term ‘affecting the interest of India’ in NIA act is undefined and the civil society fears that it can be used to curb freedom of speech and expression.
Thus, though the changes are required to meet the prevailing security environment, the policy framework dealing with terrorism must incorporate the state duty to protect against human rights abuses and greater access of victims to remedies. Apart from dealing with terrorism, emphasis should be on to improve the functioning of the police force and to make India’s judicial mechanism faster. 

15. Data security has assumed significant importance in the digitized world due to rising cyber-crimes. The Justice B. N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyberspace? (15 Marks)

Answer: Data is the new currency. It is considered as the oil of 21st century. With the dawn of information age and mass digitalization there has been generation of huge data.in this context Justice B.N. Srikrishna Committee submitted its report on data protection along with draft data protection bill. With progress in the field of digital world the privacy, safety, and security of data is one of the major concerns. This committee was formed to look into the matter protection of data and providing a framework for regulation of data.

Strengths:

● Rights of the individual: The Bill sets out certain rights of the individual. These include: (i) right to obtain confirmation from the fiduciary on whether its personal data has been processed, (ii) right to seek correction of inaccurate, incomplete, or out-of-date personal data, and (iii) right to have personal data transferred to any other data fiduciary in certain circumstances.
● Obligations of the data fiduciary: The Bill sets out obligations of the entity who has access to the personal data (data fiduciary).\
● Data Protection Authority: The Bill provides for the establishment of a Data Protection Authority. The Authority is empowered to: (i) take steps to protect interests of individuals, (ii) prevent misuse of personal data, and (iii) ensure compliance with the Bill.
● Grounds for processing personal data and sensitive personal data: The Bill allows processing of data by fiduciaries if consent is provided. However, in certain circumstances, processing of data may be permitted without consent of the individual like in case of any function of Parliament or state legislature for providing benefits to the individual, for the compliance of any court judgement, to respond to a medical emergency etc.
● Sensitive personal data includes passwords, financial data, biometric data, genetic data, caste, religious or political beliefs, or any other category of data specified by the Authority.
● Transfer of data outside India: Personal data (except sensitive personal data) may be transferred outside India under certain conditions. These include: (i) where the central government has prescribed that transfers to a particular country are permissible, or (ii) where the Authority approves the transfer in a situation of necessity.
● Exemptions: The Bill provides exemptions from compliance with its provisions, for certain reasons including: (i) state security, (ii) prevention, investigation, or prosecution of any offence, or (iii) personal, domestic, or journalistic purposes.
● Offences and Penalties: Under the Bill, the Authority may levy penalties for various offences by the fiduciary including (i) failure to perform its duties, (ii) data processing in violation of the Bill, and (iii) failure to comply with directions issued by the Authority.
● Amendments to other laws: The Bill makes consequential amendments to the Information Technology Act, 2000. It also amends the Right to Information Act, 2005, and to permit non-disclosure of personal information where harm to the individual outweighs public good.

Weaknesses:

● Heavy penalties: It recommends heavy penalties for private sector’s breach of data privacy laws but adopts a lenient stand regarding the state’s infractions.
● Large number of amendments: Amendment in existing 50 laws/ regulation would be a tough task for Government.
● Dilution of laws: Amendment in RTI and Aadhar act may dilute the existing laws.
● Impact on enforcement mechanisms: Critics says inclusion of provision of bill treating violations as criminal offences along with fine and compensation is excessive and would impact the enforcement mechanism greatly.
● Additional cost on companies: The storage of one copy of personal data in India will impose additional cost to companies.
● Classification of sensitive data: Under the bill all financial data has been classified as sensitive personal data which may be detrimental to financial institutions.
● Restrictions on data flow: Restriction on cross border flow of data may prove detrimental in era of digital global economy.

In order to protect people’s privacy and make companies accountable, India needs a data protection law “as soon as possible” as it is a “fundamental thing” so that the users can demand from the domestic or foreign companies to share their data when needed. This is not a technology problem, but a policy problem.