Terrorism and Challenges Related To It
Operation Sagar Manthan
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Operation Sagar Manthan
Why in the News?
The Narcotics Control Bureau (NCB) has initiated Operation Sagar Manthan to dismantle the extensive drug empire of Haji Salim, also known as the “Lord of Drugs”.
About Operation Sagar Manthan
| Details | |
| About the Operation | • An initiative by Narcotics Control Bureau (NCB) to dismantle the drug trafficking network led by Haji Salim. • Launched under the direction of Union Home Minister Amit Shah. • A comprehensive crackdown on Salim’s syndicate linked to narco-terrorism. |
| Aims and Objectives | • Break supply lines, seize narcotics, and arrest operatives. • Disrupt funding for cross-border terrorism. • Strengthen surveillance in remote coastal areas used by the syndicate. • Counter aid from entities like Pakistan’s ISI and disrupt links with figures like Dawood Ibrahim. |
| Goals | • Reduce cartel influence in the Indian Ocean region. • Mitigate narco-terrorism to enhance regional security. • Improve maritime security to prevent future networks. |
Why does the government crack down on drug trafficking?
- Public Health Protection: Drug trafficking fuels addiction, mental health issues, and diseases, straining healthcare systems and undermining societal well-being.
- National Security and Social Stability: It funds organized crime, terrorism, and violence, destabilizing communities, weakening governance, and hindering law and order.
PYQ:[2023] Explain how narco-terrorism has emerged as a serious threat across the country. Suggest suitable measures to counter narco-terrorism. |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
FATF on India: Effective Money Laundering system, low prosecution
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF, Mutual Evaluation; Grey and Black Lists
Mains level: Money laundering challenges in India;
Why in the News?
The FATF placed India in the “regular follow-up” category for having an “effective” anti-money laundering and counter-terror financing system but highlighted the need for significant improvements in prosecuting such cases.
Key Highlights of the FATF Mutual Evaluation Report on India:
- “Regular Follow-up” Category: India has been placed in the “regular follow-up” category, signifying that its system for combating money laundering and terror financing is effective.
- Financial institutions need better risk profiling of customers, and the Ministry of Corporate Affairs (MCA) registry needs improved monitoring for accurate ownership information.
- Money Laundering Risks: The primary sources of money laundering in India come from fraud, cyber-enabled fraud, corruption, and drug trafficking.
- Terror threats are mainly linked to Islamic State or al-Qaeda groups in Jammu and Kashmir.
- Non-Profit Organisations (NPOs): India should strengthen measures to prevent abuse of the NPO sector for terror financing, and enhance outreach to NPOs at risk.
- Improvements in Sanctions Framework: India needs to improve its targeted financial sanctions framework to ensure the timely freezing of funds and assets related to terror financing.
- Domestic Politically Exposed Persons (PEPs): The report urged India to define domestic PEPs under its anti-money laundering laws and improve identification and risk-based measures related to them.
- Delay in prosecution: The report noted delays in prosecution due to review petitions are still pending, which delays the resolution of cases under the PMLA.
Challenges faced by the Indian Government:
- Prosecution and Conviction Delays: Despite an increase in investigations, the number of prosecutions and convictions remains low, with significant delays in concluding trials, especially under the PMLA.
- Constitutionality Issues: Legal challenges to the constitutionality of the PMLA between 2014-2022 disrupted the momentum in terror financing and money laundering prosecutions.
- Risk Profiling of Financial Customers: There is a need for better risk profiling of customers in financial institutions to address money laundering more effectively.
- Inaccurate Ownership Information: Ensuring accurate owner information in the Ministry of Corporate Affairs (MCA) registry remains a challenge, especially concerning investments from tax havens.
- Non-Profit Organisations: Ensuring that non-profits are not abused for terror financing requires better coordination and focused outreach by authorities.
- Lack of Definition for Domestic PEPs: While India has defined foreign PEPs, the absence of a clear definition for domestic PEPs under PMLA creates a gap in the anti-money laundering framework.
- Fast-Tracking Trials: The need to fast-track trials in money laundering and terror financing cases is recognized, but progress in addressing this challenge remains slow.
Way Forward:
- Strengthen Legal and Institutional Framework: India should establish clear definitions for domestic Politically Exposed Persons (PEPs) under anti-money laundering laws and enhance targeted financial sanctions to ensure timely asset freezing.
- Enhance Risk Management and Monitoring: Financial institutions should improve risk profiling and implement stricter Know Your Customer (KYC) processes, while the Ministry of Corporate Affairs should ensure accurate ownership data, especially for investments from tax havens.
Mains PYQ:
Q Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. (UPSC IAS/2021)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
What is the drug Captagon?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Captagon Drug
Why in the News?
Captagon, the “poor man’s cocaine,” has become increasingly popular among young adults in the Middle East and North Africa.
What is the Drug Captagon?
- Captagon is a synthetic drug that was originally developed in Germany in the 1960s and 1970s.
- It was initially created as a pharmaceutical treatment for attention deficit disorders, narcolepsy, and sometimes depression.
- The primary active ingredient in Captagon is fenethylline, a compound that, once ingested, is metabolized into two powerful stimulants: amphetamine and theophylline.
- These substances stimulate the central nervous system, leading to increased alertness, reduced fatigue, and a sense of euphoria.
How Addictive is Captagon?
- Captagon is highly addictive due to its powerful effects on the brain and body.
- As a psychostimulant, Captagon significantly impacts the central nervous system, leading to a range of effects that can make it very difficult for users to stop taking the drug once they start.
- It is also reportedly used by fighters in conflict zones to enhance their endurance and suppress fatigue.
- The primary effects of Captagon include:
- Euphoria: Users often experience an intense feeling of happiness or well-being.
- Increased Wakefulness: The drug reduces the need for sleep, keeping users awake and alert for extended periods.
- Enhanced Physical and Mental Performance: Users may feel stronger, more focused, and more capable of performing both physically and mentally demanding tasks.
- However, the heavy use of Captagon comes with serious risks such as cognitive impairment, cardiovascular issues, and risk of addiction.
Where is Captagon Made?
- In recent years, Syria the “narco state” of Middle East has emerged as the largest producer of Captagon.
- Its production increased after 2011 Arab Spring protests, which led to civil unrest and conflict in the region.
PYQ:[2019] Consider the following statements:
Which of the statements given above are correct? (a) 1 and 3 only |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
A closer look at beefng up Jammu’s counter-terror grid
Note4Students
From UPSC perspective, the following things are important :
Mains level: Grid System in Vulnerable Areas;
Why in the news?
The Jammu region has faced severe security issues recently, exacerbated by troop redeployment to the LAC. To address this, around 3,500 additional troops and Special Forces were deployed.
Present Context of J&K
- Security Concerns: The Jammu region has seen a resurgence in terrorist activities, with security forces suffering significant losses. The situation has deteriorated, particularly following the redeployment of troops to the Line of Actual Control (LAC) after the Galwan incident in June 2020.
- Increased Military Presence: In response to the rising threats, additional troops, including Special Forces and Assam Rifles, have been inducted into the region to bolster counter-terrorism operations.
- Following the abrogation of Article 370 in 2019, there has been a strategic shift in militancy from Kashmir to Jammu, with militants adapting their tactics and increasing their operational activities in districts like Reasi, Rajouri, and Poonch.
Need to Establish the Grid System in Vulnerable Areas
- Establishing a counter-terrorism grid involves deploying military units strategically in vulnerable areas to dominate potential terrorist movements. This requires thorough threat assessments based on terrain, local population inclinations, and historical data.
- The grid system emphasizes the importance of winning the trust of the local population through community engagement, which is crucial for gathering intelligence on terrorist activities.
Challenges
- Integration of New Troops: Newly inducted troops face the challenge of quickly orienting themselves to the local terrain and population dynamics.
- Divided Local Population: The local population is divided into subsets that either support the state, support terrorists, or remain neutral.
- Gaining the support of the neutral majority is critical for the success of counter-terrorism efforts.
- Operational Control: Recent trends show a shift in operational control from battalion-level commanders to higher command levels, which can hinder effective and timely responses to emerging threats.
About Operation Dudhi
- Historical Context: Operation Dudhi, conducted in May 1991 by the 7 Assam Rifles, is remembered as a successful counter-terrorism operation in the Chowkibal area. It showcased the effectiveness of battalion-level command in conducting operations.
- Lessons Learned: The operation highlighted the importance of allowing commanding officers to maintain control over their units.
- Recent trends of centralizing control may undermine operational effectiveness and responsiveness.
- Need for Integrated Deployment: The success of future operations requires that newly inducted troops be deployed as integral units under existing command structures, rather than in a fragmented manner, to enhance operational coherence and effectiveness.
Way forward:
- Enhance Human Intelligence Networks: It is crucial to build robust human intelligence networks by integrating local informants and community members into counter-terrorism efforts.
- Integrated Deployment of Forces: Newly inducted troops should be strategically integrated with existing units to create a cohesive counter-terrorism grid. This approach will facilitate knowledge sharing and operational synergy, allowing new troops to quickly acclimatize to the local environment and build relationships with the community.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
What is Maharashtra’s new bill to combat Naxalism in urban areas?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Federal issues and Internal security;
Mains level: Naxalism in India;
Why in the News?
The Maharashtra state government has introduced a comprehensive new legislation – Maharashtra Special Public Security (MSPC) Bill, 2024, to address the growing incidence of Naxalism in urban areas.
- The Maharashtra government claims that Naxalism is no longer limited to remote rural areas, but has now spread its influence to urban centers through “frontal organizations”.
- The government argues that existing laws like the Unlawful Activities Prevention Act (UAPA) and Maharashtra Control of Organised Crime Act are not sufficient to effectively control these urban Naxal organizations.
Key provisions drafted under the MPSC Bill, 2024:
| Declaration of Unlawful Organizations | The bill empowers the state government to declare any organization as “unlawful” under Section 3.
An advisory board of three qualified individuals (current/former/qualified High Court judges) will review such decisions as per Section 4. |
| Definition of Unlawful Activities | The bill defines “unlawful activities” in broad terms, including “activities threatening public order, peace, and tranquility” (Section 2(f)(i)), “interference with law administration and public servants” (Section 2(f)(ii)), and “encouraging disobedience to law and institutions” (Section 2(f)(iv)). |
| Cognizable and Non-Bailable Offences | All offences under this law will be cognizable and non-bailable, and will be investigated by a police officer not below the rank of a Sub-Inspector as per Section 9. |
| Punishments |
|
| Seizure and Forfeiture | The District Magistrate or Commissioner of Police can notify and take possession of any place used for unlawful organization activities (Section 14). The government can also forfeit money and assets intended for unlawful organizations (Section 15). |
| Legal Review | An advisory board must review the declaration of unlawful organizations within six weeks and submit a report within three months (Section 4). The High Court can review government actions through revision petitions (Section 7). |
Why it is being seen as a threat to civil liberty:
- Vague Definitions of Unlawful Activities: The bill defines “unlawful activities” in broad and vague terms, including “activities threatening public order, peace, and tranquility” and “encouraging disobedience to law and institutions” in Section 2(f)(i) and (iv).
- Excessive Powers Granted to the State: The bill allows the state government to unilaterally declare an organization as “unlawful” without adequate judicial oversight in Section 3. It also empowers District Magistrates and Police Commissioners to grant permission for prosecution, bypassing the courts in Section 9.
- Threat to Civil Liberties and Press Freedom: The bill’s broad provisions in Sections 2(f) and 8 could be used to criminalize activities such as reporting on administrative failures or the plight of citizens, as seen in other states with similar laws. This poses a threat to press freedom and the right to freedom of expression.
- Lack of Transparency and Public Consultation: The bill was tabled hastily, with the draft not made available for public scrutiny and objections, as noted by civil society members.
Potential for Misuse and Abuse: Given the vague definitions in Section 2(f) and excessive powers granted to the state in Sections 3, 8 and 9, the bill has a high potential for misuse and abuse against political opponents, activists, and journalists, turning Maharashtra into a “police state”.
Way forward:
- Consultative Process: The Maharashtra government should engage in a consultative process with legal experts, civil society organizations, and stakeholders to refine the bill’s provisions, ensuring they align with constitutional principles and international human rights standards.
- Safeguarding Rights: Introduce safeguards such as judicial oversight in the process of declaring organizations unlawful, ensuring that fundamental rights like freedom of expression and assembly are protected while addressing legitimate security concerns effectively.
Mains PYQ:
Q Naxalism is a social, economic and developmental issue manifesting as a violent internal security threat. In this context, discuss the emerging issues and suggest a multilayered strategy to tackle the menace of Naxalism. (2022)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Appointment of the new Additional National Security Advisor (ANSA)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Additional National Security Advisor (ANSA)
Why in the News?
- A new Additional National Security Advisor (ANSA) was appointed on July 1, 2024, marking the first time this position has been filled. The ANSA will assist the National Security Advisor (NSA) in managing the country’s national security affairs.
Recent Controversies about the NSA’s Role
- Recent controversies involving R&AW and the Agniveer initiative have brought the NSA’s role back into focus.
- Questions remain about the ideal background for the NSA and the prioritization of experience in internal versus external security.
National Security Advisor (NSA):
About the National Security Council of India:
|
Changes in the National Security Architecture
| Previous Structure | New Structure | |
| Additional National Security Advisor (ANSA) | The position was consistently vacant | New ANSA appointed for the first time |
| NSA’s Role | NSA had a more operational role | NSA’s role is now more advisory, focusing on strategic policy and advisory outfits |
| Reporting Structure | CDS, service chiefs, and Union secretaries reported to NSA and their respective ministers | CDS, service chiefs, and Union secretaries continue to report to NSA and their ministers; however, ANSA now acts as a gatekeeper |
| Size of NSA’s Organization | Smaller organization with no ANSA | Larger organization with an ANSA and three deputy NSAs |
| Daily Security Briefings | Directly by NSA | Unclear if briefings will be by NSA, ANSA, or both |
| Communication Chain | Direct communication between mid-level unit heads and NSA | ANSA acts as an intermediary between mid-level unit heads and NSA, adding a bureaucratic layer |
| Ministerial Reporting | NSA interacted with Union ministers and Prime Minister | Ministerial bosses also interact directly with respective secretaries, causing potential turf issues |
| Speculations and Future Roles | Speculations about the continuity and succession of the current NSA | Ongoing speculations about the future role and potential succession by the newly appointed ANSA |
| Internal Security Management | NSA handled internal security along with other duties | ANSA now specifically responsible for internal security management and threat analysis |
| Overall Security Strategy | NSA managed both strategic advisory and operational aspects | Separation of strategic advisory role (NSA) and operational internal security role (ANSA) |
Issues with the re-structuring:
- Bureaucratic Layering: The introduction of the ANSA adds an additional bureaucratic layer, potentially slowing down decision-making.
- Turf Issues: Potential conflicts between the NSA and the Principal Secretary to the Prime Minister, especially regarding convening meetings.
- Lack of clarity in Roles: Uncertainty about whether the NSA or ANSA will conduct daily security briefings, leading to possible communication confusion.
- Ministerial Reporting Dynamics: Challenges for ministers in managing secretaries’ dual reporting lines to both the NSA and their respective ministers.
- Operational Efficiency: The NSA’s shift to a more advisory role might affect the operational efficiency in handling immediate security threats.
Future of the NSA
- There is speculation about the future of the incumbent NSA, Ajit Doval, and whether his elevation is a precursor to retirement.
- Questions arise about whether ANSA Rajinder Khanna will succeed Doval or if an outsider will be appointed.
PYQ:[2021] Analyse the multidimensional challenges posed by external state and non-state actors, to the internal security of India. Also discuss measures required to be taken to combat these threats. |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
India achieves an ‘outstanding outcome’ in FATF mutual evaluation 2023-24
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF, Mutual Evaluation; Grey and Black Lists
Why in the News?
- India has achieved an outstanding outcome in the 2023-24 Mutual Evaluation by the Financial Action Task Force (FATF).
- India is placed in the “regular follow-up” category, a distinction shared by only four other G-20 countries.
FATF Evaluation:The reason behind India’s Achievements
Need Improvement
Mitigation Efforts taken
|
About Financial Action Task Force (FATF)
- FATF was established in 1989 through the initiative of the G7 nations.
- Its Secretariat is headquartered at the OECD headquarters in Paris, France.
- FATF conducts 3 Plenary meetings during each of its 12-month rotating presidencies.
- As of 2019, FATF consists of 37 member jurisdictions.
India’s Engagement with FATF
- Observer Status: India became an Observer at FATF in 2006, marking the beginning of its association with the organization.
- Full Membership: On June 25, 2010, India officially became the 34th country to attain full membership in FATF, signifying its active participation and commitment to the organization’s objectives.
Understanding the Mutual Evaluation Process
- FATF’s mutual evaluation assesses countries’ frameworks against money laundering and terrorist financing, reviewing compliance with its 40 recommendations and effectiveness, resulting in a report with strengths, weaknesses, and improvement suggestions.
FATF’s Evaluation of India
- Comprehensive Assessment: FATF’s evaluation of India encompasses various aspects, including the nation’s legal framework, regulatory system, law enforcement efforts, and international collaboration.
- Alignment with Global Standards: Central agencies in India have been actively working to ensure that the country’s anti-money laundering and counter-terrorism financing laws align with international standards and that their practical implementation is effective.
Back2Basics: FATF Grey and Black ListFATF maintains two primary lists to identify countries with deficiencies in their anti-money laundering and counter-terrorist financing (AML/CTF) regimes: the Grey List and the Black List. Grey List (Jurisdictions under Increased Monitoring): It includes countries that have strategic deficiencies in their AML/CTF regimes but have committed to resolving these issues swiftly within agreed timeframes. These jurisdictions are subject to increased monitoring by the FATF. Ex. Turkey, Panama etc. (Pakistan and UAE have exited this list.) Impact:
Black List (High-Risk Jurisdictions subject to a Call for Action): It includes countries with significant strategic deficiencies in their AML/CTF regimes and have not made sufficient progress in addressing these issues. These jurisdictions are subject to a call for action to protect the international financial system from the risks emanating from these countries. Impact:
Current Black List Countries:
|
PYQ:[2021] Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
UNODC World Drug Report 2024: Key Highlights
Note4Students
From UPSC perspective, the following things are important :
Prelims level: World Drug Report 2024, UNODC
Why in the News?
- Global drug users reached 292 million in 2022, marking a 20% increase over the past decade. The report was released by the United Nations Office on Drugs and Crime (UNODC).
About UNODC
| Aspect | Details |
| Global Role | Leader in the fight against illicit drugs and international crime, responsible for implementing the UN’s lead programme on terrorism. |
| Headquarters | Vienna, Austria. |
| Establishment | Formed in 1997 through the merger of the United Nations Drug Control Programme and the Centre for International Crime Prevention. |
| Functions | 1. Educate people about the dangers of drug abuse.
2. Strengthens international action against illicit drug production and trafficking. 3. Improves crime prevention and assists with criminal justice reform. 4. Supports States in ratifying and implementing legal instruments against terrorism. |
| Funding | Relies mainly on voluntary contributions from governments. |
| India and UNODC | India works closely with UNODC on multiple fronts, including drug control, crime prevention, and anti-terrorism measures. |
Cannabis Use: An Overview
According to the WHO, cannabis is a generic term for the various psychoactive preparations of the plant Cannabis sativa. Following are the derived products of Cannabis:
- THC: The major psychoactive constituent in cannabis is Delta-9 tetrahydrocannabinol (THC).
- Marijuana (Ganja): The Mexican term is frequently used to refer to cannabis leaves or other crude plant material in many countries.
- Hashish: Refers to unpollinated female cannabis plants.
- Cannabis Oil (Hashish Oil): A concentrate of cannabinoids obtained by solvent extraction of the crude plant material or resin.
International Laws Regulating Cannabis
- Commission on Narcotic Drugs (CND): The CND founded in 1946, is the UN agency mandated to control substances under global drug control conventions.
- 1961 Single Convention on Narcotic Drugs: Cannabis has been on Schedule IV, the most dangerous category, since the convention’s inception.
- Despite being on Schedule IV, many jurisdictions have legalized cannabis for medicinal and recreational use.
- Over 50 countries now allow medicinal cannabis programs, and recreational use has been legalized in Canada, Uruguay, and 15 US states.
Indian Context: Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985
- Illegalization: The Act illegalizes any mixture of charas and ganja, or any drink prepared from them.
- Legal Exceptions: The law does not ban the use of seeds and leaves of the cannabis plant if these are not mixed with other parts of the plant. For example, bhang, commonly consumed during the Holi festival, and chutney made from cannabis seeds are not illegal.
PYQ:[2019] Consider the following statements:
Which of the statements given above are correct? (a) 1 and 3 only [2018] India’s proximity to the two of the world’s biggest illicit opium-growing states has enhanced her internal security concerns. Explain the linkages between drug trafficking and other illicit activities such as gunrunning, money laundering and human trafficking. What counter-measures should be taken to prevent the same? |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Enemy Agents Ordinance: Strict Measures for Militant Assistance in J&K
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Enemy Agents Ordinance, UAPA
Why in the News?
- J&K Director General of Police stated that individuals assisting militants in J&K should be tried under the Enemy Agents Ordinance, 2005.
- The Enemy Agents Ordinance is more stringent than the Unlawful Activities (Prevention) Act (UAPA), 1967 with punishments including life imprisonment or death sentence.
Enemy Agents Ordinance: An Overview
- It was first issued in 1917 by the Dogra Maharaja of J&K, the ordinance remains in effect.
- The ordinance mandates death or rigorous imprisonment for life, or imprisonment up to 10 years with a fine for aiding the enemy or engaging in actions detrimental to Indian military operations.
- Its Evolution:
- Post-Partition Incorporation: The ordinance was retained as a law in J&K post-1947 and amended over time.
- Changes Post-2019: Following the repeal of Article 370, the Jammu and Kashmir Reorganisation Act retained the Enemy Agents Ordinance and other security laws while replacing many state laws with Indian laws, such as the Indian Penal Code.
Trial Procedures under the Ordinance
- Special Judge Appointment: Trials are conducted by a special judge appointed by the government in consultation with the High Court.
- Legal Representation: Accused individuals can only engage a lawyer if permitted by the court.
- No Appeal Provision: Verdicts can only be reviewed by a High Court judge chosen by the government, with the decision being final.
- Publication Bar: Unauthorized disclosure or publication of trial information is punishable by imprisonment up to two years, fine, or both.
Notable Application of the Ordinance
- Notable Cases: Many Kashmiris have been tried under the ordinance, including Maqbool Bhat, the founder of Jammu Kashmir Liberation Front, who was hanged in Tihar Jail in 1984.
- Current Context: The Enemy Agents Ordinance continues to be a critical tool in addressing militant assistance in J&K, reflecting the stringent legal measures in place to maintain security.
PYQ:[2019] The banning of ‘Jamaat-e-Islami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. [2019] Indian government has recently strengthen 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 scope and reasons for opposing the UAPA by human rights organisations. |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
40 Years since Operation Blue Star
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Op Blue Star, Golden Temple, Khalistani Movement
Mains level: Separatists activism and threat to internal security
Why in the News?
June 1, the day Punjab votes in the last phase of the Lok Sabha election, happens to be the anniversary of “Operation Blue Star” which has influenced the recent history and politics of the state.
Operation Blue Star
The operation was highly controversial and led to widespread outrage among Sikhs, both in India and abroad. It also had political repercussions, including the assassination of Prime Minister Indira Gandhi by her bodyguards later that year, which sparked anti-Sikh riots across India. |
What is the Khalistan movement?
- The Khalistan movement is a Sikh separatist movement aiming to establish a sovereign state called Khalistan (Land of the Khalsa) in the Punjab region of India and Pakistan.
Factors Contributing to Khalistan’s Rise:
- Partition of India (1947): The division of Punjab and the loss of Sikh holy sites in Pakistan led to a sense of displacement and marginalisation among Sikhs.
- Linguistic Reorganization of States (1966): The creation of a Sikh-majority Punjab but with reduced territorial size and economic potential further fueled the desire for greater autonomy and cultural rights.
- Anandpur Sahib Resolution (1973): The demand for greater autonomy and cultural rights for Punjab was seen as a secessionist threat by the central government, leading to increased tensions.
- External Support: The involvement of external forces, such as Pakistan, which have supported and funded some Khalistani groups for their strategic interests, has also played a significant role in the movement’s persistence.
PYQ:[2016] Has the formation of linguistic states strengthened the cause of Indian unity? |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Maoism and Related Issues
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Marxism, Leninism, Maoism
Mains level: Concept of Urban Naxals, Left Wing Idea of Development
In the news
- The Nagpur Bench of the Bombay High Court recently acquitted a former Delhi University professor and five others in a case under the Unlawful Activities (Prevention) Act (UAPA) for alleged Maoist links.
- The Maharashtra government swiftly approached the Supreme Court seeking an urgent hearing after failing to secure a stay on the High Court’s judgment.
CSE Mains Questions based on Left Wing Extremism (LWE):
Note: Almost every alternate year, a question on LWE has been asked in the Mains.
|
Who are the Maoists?
- Origins: Maoism, derived from the teachings of Chinese leader Mao Zedong, emerged as a form of communist theory.
- Ideology: Maoists believe in the philosophy that “Power flows from the barrel of the gun” and advocate for armed struggle to achieve their goals.
- Evolution in India: Maoism gained prominence in India through movements like the Naxalbari uprising, leading to the formation of groups like the Maoist Communist Centre (MCC) in West Bengal.
Historical Context and Evolution
- Influence of Russian Revolution: Naxalism draws ideological inspiration from the Russian Revolution and the overthrow of the Tsarist regime.
- Marxian Ideals: Rooted in Marxism, Maoism emphasizes class struggle and the redistribution of power to marginalized communities.
- Neo-Marxism: After the success of revolutions led by Lenin and Mao, intellectuals worldwide, including Fidel Castro, embraced Marxist ideologies.
Root Causes of Maoism in India
- Corporate Exploitation: Exploitation of natural resources in Eastern India has led to marginalization and harassment of tribal communities.
- Tribal Alienation: Post-independence, tribal communities lost traditional rights over resources, leading to alienation.
- Livelihood Losses: Depletion of natural resources threatened tribal livelihoods.
- Forceful Displacement: Displacement from ancestral lands disrupted traditional governance systems.
- Absence of Governance: In areas of exploitation, governance structures collapsed due to killings and intimidation.
- Foreign Provocations: External support for LWE outfits exacerbated the conflict.
Impact on Youth
- Romanticism and Misunderstanding: Some view Maoists romantically, overlooking the violence inherent in their ideology.
- Violence and Destruction: Maoist doctrine glorifies violence, leading to destruction of governance mechanisms.
- Radicalization and Coercion: Maoists radicalize youth and coerce locals to join their movement.
- Urban Presence: Maoists extend their influence to semi-urban and urban areas, facilitated by educated intellectuals.
Strategies used by LWEs and Maoists
- Utilization of State Structures: Maoists exploit state structures to further their agenda and weaken enforcement.
- Recruitment and Fundraising: They recruit and raise funds for insurgency, often through legal means.
- Urban Shelters: Maoists establish urban shelters for underground cadres.
- Legal Assistance: Legal aid is provided to arrested cadres.
- Mass Mobilization: They mobilize masses on issues relevant to their cause.
Government Initiatives for LWE-Affected Areas
- Aspirational Districts Programme: Monitoring of development initiatives in affected districts.
- Education and Infrastructure: Building schools and improving road connectivity in affected areas.
- Naxal Surrender Policy: Aimed at reintegrating misguided youth and hardcore extremists.
- National Policy Action Plan: Development-focused policy to address LWE challenges.
SAMADHAN Doctrine: A Comprehensive Strategy
- Smart Leadership: Effective leadership at all levels.
- Aggressive Strategy: Proactive measures to counter extremism.
- Motivation and Training: Training of security personnel and motivation for operations.
- Actionable Intelligence: Intelligence-driven operations.
- Harnessing Technology: Use of technology for surveillance and monitoring.
- Strategic Action Plans: Tailored action plans for each theater of conflict.
- Financial Isolation: Cutting off financial support to extremist groups.
Way Forward
- Dual Objective: Military defeat of insurgents and ideological resolution of grievances.
- Institutional Overhauls: Reforms in governance and security institutions.
- Coordinated Efforts: States must coordinate operations to deny space to Maoists.
- Population Segregation: Separating civilians from insurgents, both operationally and ideologically.
- Economic Development: Addressing resource conflicts through inclusive economic development.
Conclusion
- Understanding the complex dynamics of Maoism and Left-Wing Extremism is crucial for formulating effective counterinsurgency strategies.
- By addressing root causes, implementing targeted initiatives, and adopting a comprehensive approach, India can mitigate the impact of LWE and pave the way for sustainable peace and development in affected regions.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
How Courts have been Granting Bail in UAPA cases?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA Bail Provisions
Mains level: Bail as a diffuser in UAPA Provisions
Introduction
- The Supreme Court’s recent decision to deny bail to an accused in an alleged “Khalistan module,” highlights the stringent bail provisions under the Unlawful Activities Prevention Act (UAPA).
- Unlike ordinary criminal law, the UAPA imposes higher hurdles for granting bail, reflecting the gravity of offenses related to terrorism and unlawful activities.
About Unlawful Activities Prevention Act (UAPA)
| Description | |
| Purpose | To provide for the prevention of certain unlawful activities of individuals and associations, dealing with terrorist activities, and activities directed against the integrity and sovereignty of India. |
| Applicability |
|
| Origin |
|
| Key Provisions |
|
| 2004 Amendment |
|
| 2019 Amendment |
|
Bail Provisions in UAPA: Section 43D (5)
- Key Provision: Section 43D (5) of the UAPA stipulates that accused individuals charged under specific chapters of the Act shall not be granted bail unless certain conditions are met.
- Bail Criteria: The law places the burden on the accused to demonstrate to the court that the accusations against them are not prima facie true, shifting the onus from the prosecution to the defense.
Impact of Judicial Precedents
- Watali Judgment (2019): The Supreme Court’s ruling in Zahoor Ahmed Shah Watali v NIA established a precedent wherein bail decisions under the UAPA are based solely on accepting the prosecution’s case at face value.
- Limitations on Defense: Legal scholars argue that the Watali judgment restricts the defense’s ability to challenge the prosecution’s case effectively, undermining the principle of a fair trial.
Post-Watali Developments
- Court Discretion: Despite the stringent bail provisions, courts have granted bail in certain cases, emphasizing the need for specific, individual charges supported by credible evidence.
- Differing Judicial Interpretations: Subsequent judgments, such as in Union of India vs KA Najeeb (February 2021) and Vernon Gonsalves v State of Maharashtra (July 2023), have provided nuances to the bail criteria, recognizing the importance of balancing liberty with the right to a speedy trial.
Challenges and Future Implications
- Legal Ambiguity: Divergent interpretations by different benches highlight the need for clarity in UAPA bail provisions, with the potential for larger benches to resolve conflicting precedents.
- Case Analysis: The recent denial of bail to a Khalistani protagonist underscores the predominance of the Watali ruling in UAPA bail decisions, despite potential inconsistencies with other judgments.
Conclusion
- Balancing Rights: The debate over UAPA bail provisions reflects the delicate balance between safeguarding national security and protecting individual liberties.
- Legal Evolution: The evolution of judicial interpretations will shape the future landscape of UAPA bail jurisprudence, influencing the rights of accused individuals in cases involving national security concerns.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Kerala Governor gets Z+ Security Cover
Note4Students
From UPSC perspective, the following things are important :
Prelims level: VIP Security
Mains level: NA
Introduction
- The Union Home Ministry has provided a Z+ category security cordon manned by Central Reserve Police Force (CRPF) troopers around Kerala Governor Arif Mohammad Khan.
VIP Security Provisions in India
- In India, security is provided to high-risk individuals by the police and local government.
- The level of security needed by any individual is decided by the Ministry of Home Affairs, based on inputs received from intelligence agencies which include the IB and R&AW.
- Individuals such as PM, home minister, and other officials such as the National Security Advisor generally get security cover because of the positions they occupy.
- In addition to this, persons who are believed to be under threat also receive security cover.
What is Z+ Category Security?
In India, the category covers are X, Y, Y-plus, Z, Z-plus, and SPG (Special Protection Group).
- X Category: The protectee gets one gunman. Protectees in the Y category have one gunman for mobile security and one (plus four on rotation) for static security.
- Y Plus category: It receives the cover of two gunmen (plus four on rotation) for mobile security, and one (plus four on rotation) for residence security,
- Z Category: It has six gunmen for mobile security and two (plus 8) for residence security. They get 10 security personnel for mobile security, and two (plus 8) for residence security.
- Z Plus Category: It is provided by National Security Guard commandos whereas the other category of security is provided by the Delhi police or the ITBP or CRPF personnel.
What about Special Protection Group (SPG) Cover?
- The SPG cover is meant only for the PM and his immediate family.
- After Indira Gandhi was assassinated by her own security guards in 1984, the Rajiv Gandhi government decided to create a special cadre of security personnel for the PM.
- In March 1985, following the recommendations of a committee set up by the Home Ministry, a special unit was created for this purpose under the Cabinet Secretariat.
- This unit, initially called the Special Protection Unit, was renamed as Special Protection Group in April 1985.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Terrorism, militancy and pirates: Gulf of Aden hijacking underlines naval challenges
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gulf of Aden
Mains level: Resurgence of piracy and the complexity of the issue and the challenges faced by regional navies
Central Idea:
The resurgence of piracy in the western Indian Ocean, exemplified by the recent hijacking of MV Lila Norfolk, has placed regional navies, including the Indian Navy, under strain. The article explores potential explanations for the surge in pirate attacks, including security shifts in the Gulf of Aden, possible collaborations between pirates and militants, and connections to power rivalries in the Horn of Africa.
Key Highlights:
- The Indian Navy’s swift and effective response in rescuing the MV Lila Norfolk crew demonstrated their capability and determination in ensuring maritime security.
- Reduced international maritime presence in the Gulf of Aden may have contributed to the recent increase in pirate attacks.
- The article discusses theories of collaboration between pirates and militants, lack of concrete evidence, and links piracy to power dynamics in the Horn of Africa.
- Socioeconomic factors, like illegal fishing off Somalia’s coastline, continue to fuel piracy as a means for local communities to cope with limited resources.
Key Challenges:
- The resurgence of piracy poses a significant challenge for regional navies and shipping companies.
- The complexity of piracy and the diverse theories surrounding its resurgence make it challenging to address with a one-size-fits-all approach.
Key Terms:
- MV Lila Norfolk
- Gulf of Aden
- Al-Shabaab
- Houthis
- Somaliland
- P-8I maritime patrol aircraft
- MQ-9B drone
Key Phrases:
- Security shift from the Gulf of Aden to the Red Sea.
- Collaboration between pirates and militants.
- Power rivalries in the Horn of Africa.
- Socioeconomic realities underlying Somali piracy.
Key Quotes:
“The Indian Navy has received deserved praise for its prompt and effective response.” “The growing frequency of attacks in the Gulf of Aden has called into question assumptions about the eradication of piracy in Somali waters.”
Key Statements:
- The article emphasizes the prompt and effective response of the Indian Navy in the recent piracy incident.
- It questions the adequacy of current anti-piracy operations in the Gulf of Aden.
Key Examples and References:
- MV Lila Norfolk hijacking on January 5, 2024.
- Termination of NATO’s anti-piracy mission in 2016.
Key Facts:
- 21 crew members, including 15 Indians, were rescued in the recent piracy incident.
- Attacks on merchant ships in the western Indian Ocean have become increasingly common in the past six weeks.
Key Data:
- The MV Lila Norfolk, sailing under the Liberian flag, was hijacked 850 km east off Africa’s coast.
- The Indian Navy deployed the INS Chennai, a guided missile destroyer, in response to the hijacking.
Critical Analysis:
The article critically examines various theories behind the resurgence of piracy, highlighting the complexity of the issue and the challenges faced by regional navies. The lack of concrete evidence for certain theories is acknowledged, emphasizing the multifaceted nature of the problem.
Way Forward:
- Strengthen international cooperation and presence in the Gulf of Aden to address the piracy resurgence.
- Conduct further research to understand the root causes of piracy, including socioeconomic factors and power dynamics.
- Reassess and enhance anti-piracy operations to adapt to evolving security challenges in the region.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
The delusion of eliminating ‘the last terrorist’
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: counter-terrorism approach in Jammu and Kashmir,
Central Idea:
The article, written by Shashank Ranjan, a retired Indian Army officer and current faculty member at O.P. Jindal Global University, critiques the counter-terrorism approach in Jammu and Kashmir, emphasizing the need to reevaluate the obsession with the number of terrorists killed. It highlights the historical context of insurgency in the Rajouri-Poonch region and argues that a singular focus on ‘kills’ may be counterproductive in achieving long-term stability.
Key Highlights:
- The new year in Jammu and Kashmir began with a terror strike in Rajouri-Poonch, leading to a renewed focus on the number of terrorists killed by security forces.
- The article questions the efficacy of the current counter-terrorism approach, suggesting that an obsession with numbers may not align with the changing dynamics of insurgency in the region.
- Ranjan draws attention to the historical success in curbing insurgency in Rajouri-Poonch by addressing the root causes, and how the focus on ‘kills’ might be contributing to the re-emergence of instability.
Key Challenges:
- The article highlights the challenges posed by a system that is reluctant to adapt to changing dynamics and continues to prioritize short-term gains and competitive career environments over long-term stability.
- The gap between the tactical-level operations and people-centric approaches is emphasized, pointing out the lapses that have led to civilian casualties and operational rush for ‘kills.’
- The reluctance of political initiatives in Jammu and Kashmir is mentioned as a challenge, hindering a comprehensive resolution through a whole-of-government approach.
Key Terms:
- Counter-terrorism: Measures and strategies to combat terrorism and insurgencies.
- People-centric: Approaches and operations that prioritize the well-being and acceptance of the local population.
- Whole-of-Government Approach: An integrated approach involving all government agencies to address complex issues.
Key Phrases:
- “Debatable obsession with the numbers of terrorists killed.”
- “Misplaced focus of the counter-terrorism approach.”
- “Tail wagging the dog” – Pursuing goals without regard to the means.
Key Quotes:
- “In our undue obsession with the numbers of ‘kills’, we may have been winning the battle by addressing the symptoms, but it has indeed been at the cost of the campaign.”
- “Chasing numbers was the obvious option in the years when terror-related fatalities in J&K touched a yearly mark of 2,000-plus.”
Key Statements:
- “The situational dynamics, unfortunately, never ushered in adjustments in the modus operandi of security forces and assessment methodology of unit performance by the hierarchy.”
- “Leadership is all about compensating any cost to the soldier, with the leader standing up to bridge the gap between the interests of people and soldiers.”
Key Examples and References:
- Refers to the historical success in curbing insurgency in Rajouri-Poonch by addressing root causes.
- Mentions the unfortunate death of three civilians in Dera ki Gali as a consequence of lapses in people-centric policies.
Key Facts and Data:
- Reports declining terror-related fatalities in Jammu and Kashmir, contrasting figures at 134 in 2023 with over 2,000 in earlier years.
- Highlights the absence of Assembly representation in J&K since 2018.
Critical Analysis:
The article critically analyzes the counter-terrorism approach, pointing out the flaws in focusing solely on the number of terrorists killed. It underlines the need for adaptation to changing dynamics, a people-centric approach, and a shift from short-term gains to long-term stability.
Way Forward:
- Urges a reevaluation of the current counter-terrorism strategy to align with the evolving dynamics of insurgency.
- Emphasizes the importance of a people-centric approach and addressing the root causes of conflict.
- Calls for political initiatives and a whole-of-government approach to achieving comprehensive and lasting stability in Jammu and Kashmir.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Kashmiri political outfit declared unlawful under UAPA
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: Read the attached story
Central Idea
- The Ministry of Home Affairs (MHA) has declared the Muslim League Jammu Kashmir faction as an “unlawful association” under the Unlawful Activities (Prevention) Act (UAPA) for five years.
- It is a very rare occasion that any election-contesting political party has been banned under UAPA.
Government’s Stance
- The Union Home Minister emphasized that the organization and its members are involved in anti-national and secessionist activities, supporting terrorism, and inciting people to establish Islamic rule in Jammu and Kashmir.
- It stated that the faction is engaged in anti-India and pro-Pakistan propaganda, aiming for Jammu and Kashmir’s secession from India, its merger with Pakistan, and the establishment of Islamic rule.
About Understanding the Unlawful Activities (Prevention) Act (UAPA)
- Purpose: The UAPA aims to prevent unlawful activities and associations in India, focusing on maintaining the country’s integrity and sovereignty. Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- Evolution: Originally passed in 1967, the UAPA has evolved from the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Prevention of Terrorism Act (POTA), with significant amendments in 2004 to include “terrorist act” in its scope.
- Unlawful Activities: These include actions, whether by deeds, words, or visible representation, that work towards the cession or secession of a part of India, disrupt its sovereignty and territorial integrity, or cause disaffection against the country.
- Unlawful Association: Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”. An association can be deemed “unlawful” if it engages in, supports, or encourages unlawful activities, as defined under Section 2(p) of the UAPA.
Unlawful Activities and Funding
- Fundraising for Terrorism: The Ministry highlighted that the outfit has been raising funds through various sources, including Pakistan, to support unlawful activities and terrorism.
- Stone-Pelting Incidents: The group’s involvement in stone-pelting against security forces was cited as a sign of disrespect towards India’s constitutional authority and setup.
Linkages with Terrorist Organizations
- Terror Connections: The MHA provided evidence of the faction’s connections with banned terrorist organizations and its role in supporting terrorist activities to instill terror in the country.
- Government’s Concerns: The Central government expressed concerns that if unchecked, the faction would continue its anti-national activities, challenging India’s territorial integrity, security, and sovereignty.
Implications of the Ban
- UAPA Enforcement: The declaration under Section 3 (3) of the UAPA signifies a stringent approach against the group’s activities for the next five years.
- National Security Focus: This move aligns with the government’s commitment to maintaining national security and integrity, particularly in the sensitive region of Jammu and Kashmir.
Conclusion
- Strong Message: The government’s decision sends a clear message against any forces acting against India’s unity, sovereignty, and integrity.
- Continued Vigilance: The ban reflects India’s ongoing efforts to combat separatism and terrorism, ensuring peace and stability in Jammu and Kashmir and across the nation.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Why terrorist activity has shifted from Kashmir to Poonch-Rajouri
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Pir Panjal range
Mains level: Shift of terrorist activity to Poonch-Rajouri
![Solved] Where is the Pir Panjal Range located?](https://physicalfeaturesindia9d-15-16.weebly.com/uploads/5/2/7/3/52736089/2847490.png)
Central idea
The recent surge in terrorist activity in the Poonch-Rajouri sector challenges the Indian Army’s historical success in counter-terrorism operations. This shift is attributed to the path of least resistance as Kashmir becomes less conducive, prompting a need for a strategic reassessment and adaptation of deployment and operational strategies to address emerging challenges. Transparent investigations into civilian deaths and a balanced approach in public statements are crucial to maintaining public trust and stability in the region.
Key Highlights:
- Recent encounters in the Poonch-Rajouri sector challenge the Indian Army’s historical success in counter-terrorism operations.
- Shift of terrorist activity to Poonch-Rajouri is due to the path of least resistance, with Kashmir facing strong counter-terrorism measures.
- Dilution of local support, abrogation of Article 370, and focus on Pir Panjal (South) indicate a strategic shift in the region’s dynamics.
- Questions arise about the redeployment of formations and potential dilution of optimum deployment in the sector.
Key Challenges:
- Losses for the Indian Army in recent encounters raise concerns about the effectiveness of current strategies and the need for potential adjustments.
- Shift in terrorist activity to Poonch-Rajouri poses a challenge to the Army’s counter-terrorism efforts.
- Allegations surrounding the deaths of three local civilians in suspicious circumstances require thorough investigations and pose a challenge to maintaining public trust.
Key Terms/Phrases:
- Poonch-Rajouri sector
- Counter-terrorism operations
- Proxy hybrid war
- Counter-infiltration (CI) and counter-terrorism (CT) grid
- Article 370
- Pir Panjal (South)
- Redeployment
- Rashtriya Rifles troops
Key Quotes:
- “Terrorism is like water; it takes the path of least resistance.”
- “The abrogation of Article 370 has also made Kashmir less conducive to separatist trends.”
- “The Indian government’s demonstrated capability for retaliation when an undetermined threshold is crossed will keep Pakistan on tenterhooks.”
Key Statements:
- Recent encounters challenge the Indian Army’s historical success in counter-terrorism operations.
- The strategic shift of terrorist activity to the Poonch-Rajouri sector necessitates a reassessment of deployment and operational strategies.
Key Examples/References:
- Shift in terrorist tactics and focus from Kashmir to the Poonch-Rajouri sector.
- Allegations surrounding the deaths of three local civilians.
Key Facts/Data:
- Recent encounters in the Poonch-Rajouri sector resulted in more losses for the Army than terrorists.
- Redeployment of troops from the Jammu sector since May 2020.
Critical Analysis:
- Losses in recent encounters raise questions about the effectiveness of the Army’s current strategies.
- Shift in terrorist activity indicates the need for adaptability in response strategies.
- Allegations surrounding civilian deaths require transparent investigations to maintain public trust.
Way Forward:
- Conduct a thorough review of identified weaknesses in convoy security, vehicle hardening, and reinforcement movements.
- Adapt drills, Standard Operating Procedures (SOPs), and minor tactics to address current challenges.
- Ensure transparent investigations into civilian deaths, with suitable disciplinary action if mistakes are identified.
- Conduct brigade-sized operations in Pir Panjal with drone support, reinforced by strong public outreach to address local sentiments.
- Maintain a balanced approach in public statements to prevent speculation and unrest, and continue precautionary measures in the Kashmir Valley.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
An anti-terror law and its interference with liberty
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: anti-terror law
Central idea
The Jammu and Kashmir High Court’s November 17, 2023 judgment in journalist Fahad Shah’s case questions the broad interpretation of terrorism under UAPA, rejecting its use for defamation. It emphasizes judicial scrutiny in upholding personal liberty, challenging Section 43-D(5), and calls for legal reforms and accountability, urging a just way forward.
Key Highlights:
- Court’s Intervention: The Jammu and Kashmir High Court’s November 17, 2023 judgment intervened in journalist Fahad Shah’s case, granting him bail and partially setting aside charges under UAPA and FCRA.
- Call for Circumspection: The court emphasized the imperative for circumspection in enforcing anti-terror laws, particularly considering their impact on personal liberty.
- Defamation vs. Terrorism: Rejecting the government’s argument, the court challenged the notion that publishing an article harming India’s reputation constituted an act of terrorism.
Key Challenges:
- Vague Terrorism Offenses: The vague text of terrorism offenses under UAPA allows arrests in situations disconnected from actual incidents of violence, contributing to misuse.
- Section 43-D(5) Dilemma: The provision preventing bail if accusations are ‘prima facie true’ poses challenges to personal liberty, raising concerns about procedural fairness.
Key Terms and Phrases:
- UAPA: Unlawful Activities (Prevention) Act, the primary anti-terror statute in India.
- FCRA: Foreign Contribution (Regulation) Act, governing foreign funding.
- Section 43-D(5): UAPA provision restricting bail based on the ‘prima facie true’ criterion.
- Clear and Present Danger: Legal test invoked to restrict arrests based on a perceived immediate threat.
Key Quotes:
- “To treat allegations of defaming the country as terrorism seemed like a bridge just too far to cross.”
- “Provisions such as Section 43-D(5) were meant to prevent the easy release of persons such as the imaginary bomber.”
- “Both the law enforcement agency and the court must apply their mind to ensure that only in cases where a ‘clear and present danger’ is evinced are persons taken into custody.”
Key Statements:
- Judicial Emphasis: The judgment underscores the need for greater circumspection in enforcing anti-terror laws, especially concerning personal liberty.
- Defamation Clarification: Defamation of the country was deemed not punishable under UAPA, challenging the expansive interpretation of terrorism.
Critical Analysis:
- Judicial Accountability: While not revolutionary, the decision highlights the importance of accountability in state actions, particularly in the context of oppressive laws.
- Compensation Consideration: The legal regime needs to address compensations for wrongful arrest and detention, ensuring accountability and justice.
Way Forward:
- Legal Reforms: The legal system should consider reforms addressing compensations for wrongful arrests and enhancing state accountability.
- Upholding Constitutional Principles: Courts must continue upholding constitutional principles, ensuring a commitment to accountability in state actions.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
US Allegations on India in Terrorist Execution Plot
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Read the attached story
Central Idea
- US Allegations: The US has implicated an Indian official in a plot to assassinate a Khalistani terrorist, raising serious concerns for the Ministry of External Affairs (MEA).
- Indian Government’s Stance: While the MEA acknowledges the gravity of the situation, it refutes the claims of the Indian diplomat’s involvement.
Backdrop and Timing of the Allegations
- Concurrent Events: The indictment period coincided with PM Narendra Modi’s visit to the G7 and Quad leaders’ summit and the India-US Defence Industrial Cooperation Roadmap’s conclusion.
- Profile of the Accused Official: Described as a “Senior Field Officer” with a background in security management, intelligence, and military training, the official is also noted to have served in the Central Reserve Police Force.
Pre-Indictment Measures by India
- Proactive Steps: Anticipating the indictment, India formed a high-level inquiry committee on November 18.
- Committee Composition: Likely includes officials from intelligence, investigative, law enforcement agencies, and the MEA.
- Prior Diplomatic Engagements: The indictment followed months of diplomatic and intelligence discussions between the US and India, including meetings between US NSA Jake Sullivan and NSA Ajit Doval, and CIA Director William Burns’ visit to India.
India’s Diplomatic Response
- Contrast with Canada’s Allegations: India’s response contrasts with its reaction to Canada’s allegations regarding the killing of another Khalistani separatist, Hardeep Singh Nijjar, where it accused Canada of being a “safe haven” for extremists.
- Previous Incident with the US: Recalls the 2013 incident involving Devyani Khobragade (IFS), which led to diplomatic tensions but was later resolved.
- Current Approach: India is showing restraint, prioritizing its relationship with the US, and aiming to prevent the situation from escalating into a diplomatic crisis.
US-India Relations: A Complex Dynamic
- Strategic and Values-Based Partnership: The relationship has evolved over decades, marked by significant trade and strategic interests, and a debate over shared values versus strategic interests.
- Historical Perspective: The relationship has weathered various challenges, including the Nixon-Kissinger era, nuclear tests sanctions, and the Indo-US nuclear deal.
Way Forward
- Commitment to Investigation: India’s thorough investigation is crucial for maintaining its credibility and managing its relationship with the US.
- Extradition Considerations: India must question why the US is not keen on extraditing a man facing terror charges to India.
- Global Diplomatic Impact: The outcome will affect India’s relations with the “Five Eyes” intelligence partner countries.
- India’s reputation: India’s reputation as a consistent and credible power is at stake, necessitating a wise and principled approach.
Conclusion: Navigating a Diplomatic Tightrope
- The Indian government faces a delicate diplomatic challenge in addressing the US allegations.
- Balancing national integrity with maintaining robust international relations, especially with a key partner like the United States, is crucial for India’s diplomatic posture and global standing.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
How UAPA has become more draconian over the years?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: Read the attached story
Central Idea
- Students in Jammu & Kashmir were booked under the Unlawful Activities (Prevention) Act (UAPA) after allegations of abuse and threats during the World Cup final, along with raising pro-Pakistan slogans.
- Jammu & Kashmir police invoked a ‘softer provision’ of UAPA, citing the act of ‘terrorizing’ others with pro-India or anti-Pakistan sentiments.
What is UAPA?
- Purpose: UAPA empowers the government to investigate and prosecute acts of terrorism, and to designate entities as “unlawful” or “terrorist” organizations or individuals.
- Enactment: Introduced in 1967, based on recommendations from the National Integration Council to counter national divisiveness. Initially focused on secessionist activities without explicit mention of terrorism.
- Evolution of UAPA:
- Introduction of Terrorism (2004): Post-repeal of POTA, UAPA was amended to include terrorism. It defined terrorism, associated punishments, and introduced provisions for seizing ‘proceeds of terrorism’.
- Post-26/11 Amendments (2008): Expanded the definition of terrorism, introduced stringent bail conditions, and extended police and judicial custody durations. It also made bail more difficult to obtain and shifted the burden of proof to the accused in certain cases.
- Economic Security (2012): Included economic security under terrorism, categorizing activities like counterfeiting currency as terrorist acts. It also increased the duration for which an organization could be declared unlawful.
- Individual Designation (2019): Allowed the government to designate individuals as terrorists and expanded the NIA’s powers.
The ‘Softer’ Provision: Section 13
- Section 13 of UAPA: Deals with punishment for ‘unlawful activities’ rather than ‘terrorist activities’. It includes imprisonment up to seven years for participating in, advocating, abetting, or inciting unlawful activities.
- Implications: Although termed ‘softer’, this section still carries significant penalties and makes bail challenging to obtain.
Criticism and Concerns
- Vague Definitions: The act’s broad and vague definitions, especially post-2008 amendments, allow for a wide interpretation of what constitutes terrorism or unlawful activities.
- Human Rights Concerns: The act has been criticized for potentially violating human rights, including the presumption of innocence and the right to a fair trial.
- Use against Dissenters: There have been instances where UAPA has been used against activists, journalists, and protestors, raising concerns about its use to suppress dissent.
Conclusion: Balancing Security and Rights
- Need for Scrutiny: The use of UAPA, especially its ‘softer’ provisions, requires careful scrutiny to ensure it doesn’t infringe on fundamental rights while addressing security concerns.
- Debate on Amendments: Ongoing debates about UAPA focus on finding a balance between national security needs and the protection of individual rights and freedoms.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Realism, not machismo, to counter terror
Note4Students
From UPSC perspective, the following things are important :
Mains level: counter-terrorism strategy
Central idea
The article explores India’s strategic decision-making in response to terrorism, highlighting the delicate nature of counter-terrorism efforts, the economic consequences of potential military actions, and the significance of thoughtful strategies in shaping international relations. It emphasizes the importance of strategic wisdom over impulsive actions, showcasing India’s nuanced approach to navigating complex geopolitical challenges.
Thomas Friedman’s Praise:
- Columnist’s Perspective: Thomas Friedman commends former PM Manmohan Singh for exercising notable restraint in a recent column.
- Outrage on Social Media: The article triggers heated debates on social platforms, with users expressing strong opinions on India’s past actions.
- Criticizing Past Inaction: Some perceive India’s historical restraint, post-Mumbai attacks, as an act of cowardice, sparking passionate discussions.
Understanding the Context:
- Social Media Dynamics: Vibrant discussions on the Israel-Hamas conflict unfold on social media platforms, reflecting global interest.
- Traumatic Memory: India’s emotional connection to the conflict emerges from the haunting memories of the 2008 Mumbai attacks.
- Opinion Amplification: Thomas Friedman’s praise triggers intense reactions, amplifying opinions on India’s historical decisions.
- National Pride: The ongoing discourse is influenced by national pride, especially in the context of India’s military actions, like the Balakot airstrikes.
Navigating Counter-Terrorism Challenges:
- Delicate Counter-Terrorism: The article underscores the need for nuanced counter-terrorism strategies, cautioning against impulsive actions.
- Hypothetical Scenario: Imagining India’s response post-26/11 prompts consideration of potential nuclear risks and their implications.
- Global Economic Impact: The hypothetical bombing scenario in Pakistan during a global financial crisis raises concerns about broader economic consequences.
- War Consequences: Evaluating the economic aftermath if Pakistan faced aggressive military action underscores the potential disastrous outcomes.
Strategic Thinking and Framing Issues:
- Strategic Counter-Terrorism: Emphasizing the importance of well-thought-out counter-terrorism strategies for effective outcomes.
- International Response: Crafting responses to terrorism globally requires strategic thinking aligned with prevailing economic conditions.
- Alignment with ‘War on Terror’: The consequences of aligning with the global ‘war on terror’ shape international relations and diplomatic considerations.
- Responses Based on Global Conditions: Shaping actions based on economic circumstances highlights the strategic importance of thoughtful decision-making.
Data, Facts, and Economic Consequences:
- Market Crash: The impact of the global financial crisis on India’s stock market and the potential economic fallout from a war.
- Increased U.S. Aid: Rise in U.S. military aid to Pakistan during the ‘war on terror’ and its effects on geopolitical dynamics.
- Pakistan’s Economic Fallout: Examining Pakistan’s economic decline post-2008-09, indicating repercussions of global narratives.
- Investment Decline: The substantial drop in Foreign Direct Investment in Pakistan and its significant implications for the nation’s economy.
Emphasizing Key Phrases:
- Delicate Counter-Terrorism Actions: Stressing the importance of sensitive responses in counter-terrorism efforts, emphasizing caution and precision.
- Strategic International Response: Highlighting the significance of thoughtful and planned approaches on the global stage for impactful outcomes.
- Strength in Deliberation: Recognizing the power and effectiveness in well-thought-out actions and decisions for lasting impacts.
Analysis and International Relations:
- Narrative Shift: Changing perceptions of Pakistan as America’s most dangerous ally and the consequential shifts in global narratives.
- Praise for Responsibility: Recognition of India as a responsible nuclear power with global consequences, influencing diplomatic relations.
- Operationalizing Agreements: Timing of the India-U.S. Civil Nuclear agreement and its significance in shaping geopolitical dynamics.
- Economic Consequences: Analyzing the impact on Pakistan’s economic fortunes and India’s sustained growth in the long term.
The Way Forward:
- Importance of Strategy: Emphasizing the critical role of a thoughtful counter-terrorism strategy for effectively addressing future challenges.
- Diplomacy in Action: Acknowledging the instrumental role of diplomatic responses in shaping international outcomes and fostering stability.
- Air Strikes Significance: Recognizing the strategic significance of well-executed airstrikes as a crucial element in diplomatic and military strategies.
- Avoiding ‘Boots on the Ground’: Underlining the strategic approach of avoiding ground invasions, emphasizing the importance of wit and strategic maneuvering in conflict resolution.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Five Eyes Alliance backs Khalistani Probe
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Five Eyes Alliance
Mains level: NA
Central Idea
- Canada’s charge about India’s involvement in the killing of a Khalistani fugitive was backed by the Five Eyes intelligence alliance.
About Five Eyes Alliance
| Formation Year | UK-USA Agreement established during World War II, later expanded |
| Member Countries | United States (1946), United Kingdom (1946), Canada (1948), Australia (1956), New Zealand (1956) |
| Purpose | Intelligence-sharing alliance for signals intelligence (SIGINT) and surveillance |
| Origins | Created during World War II to share intelligence between the UK and the U.S. |
| Scope | Focuses on collecting and analyzing global electronic communications |
| Principles | Cooperative intelligence-sharing, mutual trust, and common security goals |
| Controversies | Privacy concerns and allegations of mass surveillance |
| Activities | Monitoring and analyzing global communications for national security |
| Significance | One of the most prominent and enduring intelligence-sharing alliances |
| Current Status | Ongoing collaboration in signals intelligence and cyber security |
Five Eyes’ Response to Trudeau’s Remarks
- US Engagement: The US State Department confirmed close contact with Canadian counterparts regarding allegations of Indian government involvement in Nijjar’s murder.
- Critique: A US expert criticized Trudeau’s claim of a “potential link” between Indian government agents and the Khalistani leader’s killing as “shameless and cynical.”
- UK’s Stance: The UK government acknowledged the “serious allegations” but asserted that they wouldn’t impact ongoing trade negotiations with India.
- Australia’s Monitoring: The Australian Foreign Minister expressed concern about the killing and affirmed they were monitoring developments in partnership with their allies.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Liptako-Gourma Charter
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Liptako-Gourma , Sahel Region
Mains level: Not Much
Central Idea
- Military leaders from Mali, Burkina Faso, and Niger signed a significant mutual defense pact known as the Liptako-Gourma Charter, marking a crucial step in addressing the security challenges plaguing the Sahel region.
Liptako-Gourma Charter
- This pact establishes the Alliance of Sahel States (AES) and aims to create a framework for collective defense and mutual assistance among these nations.
- The Liptako-Gourma region, where the borders of Mali, Burkina Faso, and Niger converge, has been severely affected by jihadist activities and instability in recent years.
- The AES seeks to combine military and economic efforts to confront common security threats and advance the well-being of their populations.
Liptako-Gourma Charter: Key Provisions
- Mutual Assistance: The charter binds signatory nations to provide mutual assistance, including military support, in the event of an attack on any one of them.
- Security Restoration: It specifically allows the use of armed force to restore and ensure security in the face of aggression.
- Rebellion Prevention: The agreement also commits the 3 countries to collaborate on preventing or resolving armed rebellions within their borders.
Need for such alliance
- Shared Objective: The primary focus of the alliance is to combat terrorism within the three member countries.
- Jihadist Insurgency: The Sahel region has grappled with a jihadist insurgency that initially emerged in northern Mali in 2012 and later spread to Burkina Faso and Niger in 2015.
Back2Basics: Sahel Region
- The Sahel is the ecoclimatic and biogeographic realm of transition in Africa between the Sahara to the north and the Sudanian savanna to the south.
- Having a semi-arid climate, it stretches across the south-central latitudes of Northern Africa between the Atlantic Ocean and the Red Sea.
- The name is derived from the Arabic term for “coast, shore”; this is explained as being used in a figurative sense in reference to the southern edge of the vast Sahara.
- The Sahel part includes from west to east parts of northern Senegal, southern Mauritania, central Mali, northern Burkina Faso, the extreme south of Algeria, Niger, the extreme north of Nigeria, the extreme north of Cameroon and the Central African Republic, central Chad, central and southern Sudan, the extreme north of South Sudan, Eritrea and the extreme north of Ethiopia.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Places in news: Harami Nala
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Harami Nala
Mains level: Not Much
Central Idea
- Union Home Minister has visited the sensitive and strategically important ‘Harami Nala’ creek in the Kutch region of Gujarat, near the India-Pakistan border.
- This channel, notorious for its historical connections to infiltrations, illegal activities, and maritime challenges, offers a glimpse into the complexities of border security and regional dynamics.
About Harami Nala
- High-Profile Attention: The spotlight on ‘Harami Nala’ has intensified with visits from prominent figures, including Union Home Minister Amit Shah, underlining the strategic importance of Sir Creek Area.
- Geographical Context: Situated at the Rajasthan border, ‘Harami Nala’ is a 22-kilometer tidal channel in Gujarat’s Kutch region, serving as a natural boundary between India and Pakistan.
- Physical Traits: It carries water and sediment, inhabited by protected marine species. The water level and flow fluctuate based on weather conditions, spanning a stretch of twenty to twenty-five kilometres.
Decoding the Name
- Meaning behind the Name: Translated as the “rogue or treacherous channel,” the name ‘Harami Nala’ encapsulates the channel’s notoriety as a potential ingress point for infiltrators.
- Historical Context: The channel’s reputation as an entry route for criminals, terrorists, and undesirable elements from Pakistan to India has led to the naming. Instances of infiltrations and discoveries of abandoned boats have reinforced its dubious repute.
- Illegal Activities: The channel’s ecosystem, including prawns and other marine life, is exploited through illegal fishing. Despite its ecological significance, this practice remains a challenge.
Harami Nala’s Historical Connections
- Geostrategic Significance: The channel’s proximity to the coast and urban centers like Gujarat and Mumbai has made it an alluring route for potential infiltrators.
- Terror Connection: Notably, Ajmal Kasab, a perpetrator of the 2008 Mumbai attacks, was believed to have entered India through Harami Nala, highlighting the channel’s strategic implications.
Challenges and Complexities
- Border Security: While Indian security efforts are robust, the channel remains a challenge due to its historical use for illicit activities.
- Maritime Interplay: The confluence of maritime dynamics, security concerns, and border complexities underscores the intricate nature of the region.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
In news: Financial Action Task Force (FATF)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Terror financing and Money Laundering
Central Idea
- Pakistan’s Senate has approved a bill to establish a central authority to combat money laundering and terror financing by bringing all institutions related to the Financial Action Task Force (FATF) under one command.
What is FATF?
- The FATF is an intergovernmental organization established in 1989 to combat money laundering and financial crimes.
- Pakistan’s efforts to address money laundering and terror financing led to its inclusion in the FATF grey list in 2018.
- However, through comprehensive reforms and strategic measures, Pakistan successfully managed to exit the grey list.
- The country’s progress in enhancing laws related to money laundering and terrorism financing played a crucial role in achieving this milestone.
Role of FATF
- Global Financial Crimes Combat: FATF develops policies to combat money laundering and terrorist financing in response to the rise of the global economy and international trade.
- Regulatory Recommendations: The organization makes recommendations to combat financial crime, reviews members’ policies and procedures, and promotes the acceptance of anti-money laundering regulations worldwide.
- Continuous Updates: To stay ahead of evolving financial crime techniques, FATF updates its recommendations regularly.
Key initiatives: Grey and Black Lists
- Grey List: Countries considered safe havens for supporting terror funding and money laundering are placed in the FATF grey list. Inclusion in this list serves as a warning for potential entry into the more severe blacklist.
- Black List (Call for Action): The “Non-Cooperative Countries or Territories” (NCCTs) list, commonly known as the black list, identifies countries that are non-compliant with FATF’s recommendations.
Impact of Being on FATF Grey List
- Economic Sanctions and Reduced Trade: Countries on the grey list may face economic sanctions and reduced international trade opportunities.
- Difficulty in Obtaining Loans: Access to loans from international financial institutions like IMF, World Bank, and ADB may be limited.
- International Boycott: The country may face international boycotts affecting its global reputation.
What has Pakistan initiated now?
- Establishing the Authority: The bill seeks to create a National Anti-Money Laundering and Counter Financing of Terrorism Authority, which will be led by a chairman appointed by the Prime Minister.
- Coordination and Cooperation: The authority will act as a focal point for the FATF and related organizations.
- Unified Response: The proposed authority will function as a focal institution, enabling Pakistan to provide a unified response to money laundering and terror financing.
- Institutionalization of Entities: The bill seeks to institutionalize different entities, leading to improved efficiency and coordination in dealing with financial threats.
Challenges Addressed
- 3 Arenas of Difficulty: The bill addresses difficulties related to anti-money laundering, countering the financing of terrorism, and targeted financial sanctions faced by Pakistan when on the FATF grey list.
- Global Financial System Threats: Money laundering and terror financing were identified as severe threats to the global financial system when Pakistan was placed on the FATF grey list in 2018.
FATF Review and India’s Position
- Multifaceted Review: The FATF review assesses 40 parameters related to law, justice, revenue, banking, and insurance, along with nine parameters related to terror financing.
- Review Timeframe: The review began early this year and is expected to conclude by the end of 2024, with India being a rare country to have postponed its review due to COVID-19.
Conclusion
- The FATF plays a crucial role in combating financial crimes, including money laundering and terror financing.
- By taking significant steps to address deficiencies, Pakistan can manage to sustain its goal of exiting the grey list.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Narco-Terrorism and Manipur Violence
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Golden Triangle , Golden Crescent
Mains level: Narco-terrorism and associated violence
Central Idea
- A civil society organization has written a letter to the European Parliament (EP) expressing concerns over the portrayal of violence in Manipur as a religious conflict.
- It ascertains that the ongoing violence is not a religious issue but rather fueled by narco-terrorism and illegal settlements.
- The organization highlighted the dangers of Manipur becoming a new Golden Triangle, a notorious drug trafficking corridor in Southeast Asia.
Golden Triangle Reference to Manipur
- Golden Triangle: The Golden Triangle is a well-known area spanning China, Laos, Myanmar, and Thailand, notorious for opium poppy cultivation and drug trafficking.
- Chin-Kuki and Meitei Communities: Manipur is home to various ethnic groups, with the Kukis being the third-largest community, after the non-tribal Meiteis and the tribal Nagas. The ethnically-related Chins are primarily from Myanmar, and some have allegedly settled illegally in Manipur over the years.
Rise of Narco-Terrorism in India
- Golden Crescent Influence: India’s proximity to the “Golden Crescent” provides easy access to narcotics from Afghanistan, Iran, and Pakistan.
- Cross-Border Connections: India shares borders with countries known for their involvement in drug trafficking, such as Pakistan.
- Financing Mechanism: Socioeconomic factors like poverty and unemployment contribute to the involvement of individuals in the drug trade.
- Corruption and Weak Law Enforcement: Corruption within law enforcement agencies facilitates drug trafficking operations, especially in Punjab.
- High Profits and Demand: The lucrative nature of the drug trade makes it an attractive revenue source for terrorist organizations.
- Transnational Networks: Transnational drug syndicates collaborate with terrorist groups, enabling the flow of drugs and funding for terrorist activities.
Security Implications of Narco-Terrorism
- Criminalization of Youth: Drug trafficking and abuse lead to increased crime, violence, and corruption within communities.
- Public Health Concerns: Drug addiction and related health issues pose significant challenges to public health systems.
- Threat to National Security: The linkages between drug trafficking networks and terrorist organizations create a complex security environment.
- Drain on Resources: Combating narco-terrorism requires substantial human resources, equipment, and funding.
Efforts to Combat Narco-Terrorism
- Rehabilitation Programs and Counselling Centers: Government-funded drug rehabilitation measures and counselling centres are established across all districts.
- Operation Sadbhavana: The Indian Army conducts de-addiction counselling centres and awareness camps to combat drug addiction.
- Nasha Mukt J&K Campaign: The campaign aims to make J&K drug-free, with a zero-tolerance policy against narcotics. The same should be replicated in North East.
Recommendations to Curb Narco-Terrorism
- Strengthening ED: The Enforcement Directorate’s jurisdiction should be improved to monitor terrorist financing and money laundering.
- Anti-Drone Technology: Enhance anti-drone technology along the Line of Control and international borders to counter drug trafficking via drones.
Way Forward
- Community Engagement and Rehabilitation: Focus on community awareness, education, and rehabilitation programs.
- Target Financing Networks: Strengthen efforts to track and disrupt financing networks supporting narco-terrorism.
- Cross-Border Intelligence Sharing: Strengthen intelligence-sharing mechanisms with countries affected by drug trafficking.
- De-radicalization: Implement sustainable economic development programs to provide alternatives to communities involved in the drug trade.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
China blocks Indian proposal to blacklist Pakistani terrorist at UN
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNSC 1267 list
Mains level: Global terrorist designations
Central Idea
- China yet again blocked a proposal by India and the US at the United Nations to designate Pakistan-national Lashkar-e-Taiba terrorist Sajid Mir as a global terrorist on the UN Security Council’s 1267 list..
What is the UNSC 1267 list?
- The UNSC resolution 1267 was adopted unanimously on 15 October 1999.
- It came to force in 1999, and strengthened after the September, 2001 attacks.
- It is now known as the Da’esh and Al Qaeda Sanctions Committee.
What is UNSC 1267 committee?
- It comprises all permanent and non-permanent members of the United Nations Security Council (UNSC).
- The 1267 list of terrorists is a global list, with a UNSC stamp.
- It is one of the most important and active UN subsidiary bodies working on efforts to combat terrorism, particularly in relation to Al Qaeda and the Islamic State group.
- It discusses UN efforts to limit the movement of terrorists, especially those related to travel bans, the freezing of assets and arms embargoes for terrorism.
How is the listing done?
(1) Submission of Proposal
- Any member state can submit a proposal for listing an individual, group, or entity.
- The proposal must include acts or activities indicating the proposed individual/group/entity had participated in the financing, planning, facilitating, preparing, or perpetrating of acts or activities linked to the said organizations.
(2) Actual decision
- Decisions on listing and de-listing are adopted by consensus.
- The proposal is sent to all the members, and if no member objects within five working days, the proposal is adopted.
- An “objection” means rejection for the proposal.
(3) Putting and resolving ‘Technical Holds’
- Any member of the Committee may also put a “technical hold” on the proposal and ask for more information from the proposing member state.
- During this time, other members may also place their own holds.
- The matter remains on the “pending” list of the Committee.
- Pending issues must be resolved in six months, but the member state that has placed the hold may ask for an additional three months.
- At the end of this period, if an objection is not placed, the matter is considered approved.
Why is India furious this time?
- Recently PM Modi and Xi Jinping attended the Shanghai Cooperation Organisation (SCO) summit in Samarkand.
- The grouping had agreed to take strong and consolidated action against terrorism in the region.
- Despite this, China has exposed its double standards on the issue of terrorism for consistently stopping the listing of Pakistan-based terrorists.
- This is again very surprising movement by China by putting a ‘Technical Hold’.
Here is a timeline of how China disrupts the global efforts against terrorism:
- 2009: After the 26/11 Mumbai attacks, India moved an independent terror designation proposal against Masood Azhar but China blocked the move.
- 2016: After seven years, India proposes listing of Masood Azhar as a global terrorist and is supported by the US, the UK and France. China blocks the move again.
- 2017: The trio moves a third proposal only to be blocked by China again.
- 2019: After the attacks on the CRPF personnel in J-K’s Pulwama, India calls 25 envoys of different countries to highlight the role Islamabad plays in funding, promoting and strengthening global terrorism. India moves the fourth proposal demanding Masood Azhar’s listing. China lifted its technical hold.
- June 2022: China blocked a proposal by India and the US to list Pakistan-based terrorist Abdul Rehman Makki as a ‘Global Terrorist’
- August 2022: China blocks India-US joint proposal to list Jaish-e-Mohammad (JeM) deputy chief Abdul Rauf Azhar as UNSC designated terrorist.
Conclusion
- China’s actions expose its double speak and double standards when it comes to the international community’s shared battle against terrorism.
- This clearly depicts its care for its vassal state Pakistan.
Back2Basics: United Nations Security Council
- The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
- Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
- It is the only UN body with the authority to issue binding resolutions to member states.
- The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
- These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
- The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Senior IPS officer Ravi Sinha appointed Chief of R&AW
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Research and Analysis Wing (RandAW)
Mains level: Not Much
Central Idea: The Appointments Committee of the Cabinet (ACC) appointed senior IPS officer Ravi Sinha as Secretary, Research and Analysis Wing (RAW), the country’s external intelligence agency.
About Research and Analysis Wing (R&AW)
- Foreign Intelligence: R&AW’s primary function is to gather foreign intelligence, focusing on counter-terrorism, counter-proliferation, and advancing India’s foreign strategic interests.
- National Security: It also plays a role in safeguarding India’s nuclear program and advising policymakers on matters related to national security.
- Social and Political Events: R&AW has been involved in major events, such as the accession of the state of Sikkim to India in 1975.
History and Establishment
- Background: Prior to R&AW, intelligence collection was the responsibility of the Intelligence Bureau (IB) during the British Raj.
- Need for a Dedicated Agency: The failure of intelligence during the 1962 Sino-Indian War and the Indo-Pakistani war of 1965 led to the establishment of a separate foreign intelligence agency.
- Formation: R&AW was officially formed in 1968, with Rameshwar Nath Kao appointed as its first chief.
- Organizational Structure: R&AW’s structure is modeled after the CIA, and it reports to the Prime Minister without parliamentary oversight.
- Additional Child Agencies: Over the years, R&AW added agencies like the Radio Research Center, Electronics & Tech. Services, Aviation Research Centre, and Special Frontier Force to enhance its capabilities.
Operations and Activities:
- Global Operations: R&AW carries out operations and intelligence activities in various countries, focusing on political, military, economic, and scientific developments that affect India’s national security.
- Liaison with Foreign Agencies: R&AW maintains active relationships and coordination with intelligence agencies of other countries, including Russia’s SVR, Afghanistan’s NDS, Israel’s Mossad, Germany’s BND, the CIA, and MI6.
- Field Formations: R&AW has ten field formations, known as Special Bureaus, strategically located along India’s borders.
- Recruitment and Training: R&AW recruits personnel from various civil services, armed forces, and universities. Training involves both basic and advanced levels, covering areas such as intelligence techniques, espionage, and self-defence.
Challenges and Controversies
- Staff Shortage: R&AW faces a significant shortage of employees, with a deficit of 40% below the sanctioned strength.
- Criticisms and Controversies: R&AW has faced criticism over bureaucratic issues, favoritism in promotions, corruption allegations, inter-departmental rivalries, and ethnic imbalances in the officer level.
- Legal Status and Accountability: R&AW is not answerable to the Parliament of India and is exempt from the Right to Information Act, which has raised concerns about transparency and accountability.
Impact and Significance
- National Security and Foreign Policy: R&AW plays a crucial role in safeguarding India’s national security, shaping foreign policy, and countering threats to the country.
- Counter-Terrorism Operations: R&AW is actively involved in anti-terror operations, neutralizing elements posing a threat to India’s security.
- International Cooperation: R&AW collaborates with intelligence agencies from various countries, sharing intelligence and coordinating efforts to address common challenges.
Major Operations
| Description | |
| Operation Smiling Buddha | R&AW assisted in monitoring and managing India’s first nuclear test in 1974. |
| Operation Topaz | R&AW supported the merger of Sikkim with India in 1975, ensuring a smooth transition. |
| Liberation of Bangladesh (1971) | R&AW played a significant role in supporting the liberation movement in Bangladesh. It provided training, intelligence, and ammunition to the Bangladeshi guerrilla organization Mukti Bahini. R&AW’s assistance was instrumental in the successful creation of Bangladesh as an independent nation. |
| Operation Kahuta | R&AW gathered intelligence on Pakistan’s nuclear program by infiltrating the Kahuta Research Labs. |
| Operation Chanakya | R&AW provided support to the Tamil militant group LTTE during the Sri Lankan Civil War. |
| Operation Leech | R&AW targeted Burmese rebel groups, particularly the Kachin Independence Army. |
| Counterintelligence Operations | R&AW actively count |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Pakistan’s State-Sponsored Terrorism Threatens SCO’s Regional Security Efforts
Note4Students
From UPSC perspective, the following things are important :
Prelims level: SCO and its Anti-Terrorism Agenda
Mains level: Pakistan's State Sponsored Terrorism, SCO's Limited Authority and Implications
Central Idea
- The Council of Foreign Ministers (CFM) of the Shanghai Cooperation Organisation (SCO) recently convened in Goa to address pressing regional issues. Unfortunately, on the same day, the People’s Anti-Fascists Front (PAF), an offshoot of Pakistan-sponsored Jaish-e-Muhammad (JeM), claimed the lives of five Indian army personnel in Jammu and Kashmir’s Rajouri district.
Background: SCO’s Anti-Terrorism Agenda
- The SCO’s origins trace back to the establishment of the Shanghai Five in 1996, consisting of Russia, China, Kazakhstan, Kyrgyzstan, and Tajikistan.
- In 1998, the group recognized the joint fight against separatism, extremism, and terrorism originating from the Af-Pak region as a top priority. The inclusion of Uzbekistan in 2001 led to the organization’s renaming as the SCO.
- Subsequently, the Regional Anti-Terrorists Structure (RATS) was formed in Tashkent, Uzbekistan, to institutionalize and consolidate anti-terrorism efforts within the SCO.
- RATS facilitated joint counterterrorism exercises, training, and the preparation of countermeasures.
Pakistan’s Role in State-Sponsored Terrorism
- Safe Haven for Terrorist Groups: Pakistan has served as a safe haven and provided sanctuary for various terrorist groups. These groups, such as the Taliban, Haqqani Network, Lashkar-e-Taiba (LeT), and Jaish-e-Mohammed (JeM), operate from Pakistani soil, carry out attacks in neighboring countries, and then seek refuge in Pakistan.
- Training and Recruitment: Pakistan has been involved in training and recruiting terrorists. Extremist organizations have established training camps within Pakistan where individuals are indoctrinated, radicalized, and trained in various aspects of terrorism, including bomb-making, guerrilla warfare, and ideological indoctrination.
- Financial and Logistical Support: Pakistan has been accused of providing financial and logistical support to terrorist groups. This support includes funding, weapons, ammunition, and intelligence assistance, enabling these groups to carry out their activities with impunity.
- Proxy Warfare: Pakistan has used terrorism as a proxy warfare strategy to achieve its geopolitical objectives. By sponsoring terrorist groups, Pakistan seeks to influence and destabilize neighboring countries, particularly India and Afghanistan, with the aim of furthering its own interests in the region.
- Infiltration of Terrorists: Pakistan has facilitated the infiltration of terrorists across its borders into neighboring countries. This includes providing safe passage, forged documents, and logistical support to terrorists to carry out attacks or join insurgencies in other regions.
- State-Sponsored Radicalization: Pakistan has promoted and facilitated the radicalization of individuals, both within its own territory and abroad. Madrasas (religious schools) in Pakistan have been accused of spreading extremist ideologies, fueling hatred, and recruiting individuals for terrorist activities.
- Instrument of Influence: Pakistan has used terrorism as a tool to exert influence and control over regions and communities. By supporting and sponsoring terrorist groups, Pakistan seeks to manipulate political dynamics, create instability, and maintain a degree of control over areas of strategic importance.
Impact of Pakistan-Sponsored Terrorism in Jammu and Kashmir
- Loss of Lives: Pakistan-sponsored terrorism in Jammu and Kashmir has resulted in the loss of countless innocent lives, including civilians, security forces, and terrorists themselves. The region has witnessed numerous terror attacks, suicide bombings, and armed encounters, leading to a tragic loss of human lives.
- Destabilization and Conflict: The continuous infiltration of terrorists from Pakistan into Jammu and Kashmir has fueled instability and prolonged the conflict in the region. The presence of terrorist groups has created an atmosphere of fear and insecurity, hindering the social and economic development of the region.
- Human Rights Violations: The activities of Pakistan-sponsored terrorist groups have been accompanied by human rights violations in Jammu and Kashmir. These violations include targeted killings, forced disappearances, torture, and intimidation of civilians, leading to a climate of fear and repression.
- Disruption of Normalcy: The persistent threat of terrorism has disrupted normal life in Jammu and Kashmir. Educational institutions, businesses, and daily activities have been severely affected as people live under constant fear and uncertainty.
- Obstruction of Peace Processes: Pakistan-sponsored terrorism acts as a major obstacle to the peace process between India and Pakistan. The violence and unrest created by these terrorist groups hinder any meaningful dialogue and diplomatic efforts aimed at resolving the Kashmir issue.
- Economic Impact: The sustained presence of terrorist activities has had a detrimental impact on the economy of Jammu and Kashmir. Tourism, a significant source of revenue for the region, has suffered due to the prevailing security concerns, leading to job losses and economic downturn.
- Psychological Impact: The ongoing terrorism has taken a toll on the mental health and well-being of the people of Jammu and Kashmir. The constant threat of violence, loss of loved ones, and living under a state of fear have resulted in psychological trauma for individuals and communities.
Consequences of Pakistan-sponsored terrorism on internal peace in Pakistan
- Increased Violence and Insecurity: Pakistan-sponsored terrorism has led to a rise in violence and insecurity within the country. Terrorist attacks carried out by extremist groups have resulted in the loss of numerous lives and widespread fear among the population.
- Loss of Civilian Lives: Innocent civilians have been the primary victims of terrorist attacks sponsored by Pakistan. These attacks have targeted public places, religious institutions, markets, and educational institutions, causing significant casualties among the civilian population.
- Sectarian and Ethnic Tensions: Pakistan has witnessed an escalation in sectarian and ethnic tensions as a result of state-sponsored terrorism. Extremist groups have targeted specific religious and ethnic communities, exacerbating divisions and leading to a breakdown of social harmony.
- Internal Displacement: The violence and insecurity caused by Pakistan-sponsored terrorism have resulted in internal displacement of populations within Pakistan. People are forced to leave their homes and seek refuge in safer areas, leading to the displacement crisis and additional socio-economic burdens.
SCO’s Limited Authority and Implications
- Lack of Enforcement Power: The SCO does not possess strong enforcement power or mechanisms to compel member states to adhere to its mandates or take action against state-sponsored terrorism. It heavily relies on voluntary cooperation among member states, making it challenging to address non-compliance effectively.
- Ineffectiveness in Holding States Accountable: The absence of robust mechanisms for accountability limits the SCO’s ability to hold member states accountable for their actions, including Pakistan’s involvement in state-sponsored terrorism. This undermines the credibility and effectiveness of the organization in addressing terrorism-related issues.
- Risk of Becoming a Platform for Political Maneuvering: The limited authority of the SCO creates a risk that member states, including Pakistan, may use the organization as a platform for political maneuvering rather than genuinely addressing the issue of terrorism. Geopolitical rivalries and divergent interests among member states can impede the organization’s ability to effectively combat terrorism.
- Compromised Regional Security: The limited authority of the SCO in dealing with state-sponsored terrorism hampers its ability to effectively address security threats in the region. This compromises the overall regional security and stability, as terrorist groups continue to exploit the gaps and operate with impunity.
- Diminished Credibility: The inability of the SCO to take decisive action against state-sponsored terrorism can lead to a diminished credibility of the organization in the international community. The lack of concrete measures to address terrorism undermines its role as a regional security organization and casts doubts on its effectiveness
- Weakening of Counterterrorism Efforts: The limited authority of the SCO hampers its ability to coordinate and implement comprehensive counterterrorism efforts among member states. This undermines the potential of collective action in addressing the shared threat of terrorism and limits the effectiveness of joint initiatives and cooperation.
Conclusion
- The limited authority of the Shanghai Cooperation Organisation (SCO) to address state-sponsored terrorism, coupled with growing divergence among member states and the inclusion of rogue nations like Pakistan, threatens its effectiveness in countering terror threats. Without stronger mechanisms and unified action, the SCO risks becoming ineffective in tackling the rising challenges of terrorism, thereby compromising regional security and stability.
Also read:
| Drugs in the valley: Pakistan’s new weapon to finance terrorism |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
China objects to Indian proposal to blacklist terrorist at UN
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNSC 1267 list
Mains level: Global consensus on terrorism
Central Idea: China has objected to India’s proposal to blacklist Abdul Rauf Azhar, a senior terrorist from Pakistan-based Jaish-e Mohammed (JeM) on the UN Security Council’s 1267 List.
China’s objection to the proposal
- China is a permanent, veto-wielding member of the UN Security Council.
- It has put a hold on proposals to blacklist other Pakistan-based terrorists in the past, including Hafiz Talah Saeed, Shahid Mahmood, and Sajid Mir.
The UNSC 1267 list
- The UNSC resolution 1267 was adopted unanimously on 15 October 1999.
- It came to force in 1999, and strengthened after the September 2001 attacks.
- It is now known as the Da’esh and Al Qaeda Sanctions Committee.
What is UNSC 1267 committee?
- It comprises all permanent and non-permanent members of the United Nations Security Council (UNSC).
- The 1267 list of terrorists is a global list, with a UNSC stamp.
- It is one of the most important and active UN subsidiary bodies working on efforts to combat terrorism, particularly in relation to Al Qaeda and the Islamic State group.
- It discusses UN efforts to limit the movement of terrorists, especially those related to travel bans, the freezing of assets and arms embargoes for terrorism.
How is the listing done?
(1) Submission of Proposal
- Any member state can submit a proposal for listing an individual, group, or entity.
- The proposal must include acts or activities indicating the proposed individual/group/entity had participated in the financing, planning, facilitating, preparing, or perpetrating of acts or activities linked to the said organizations.
(2) Actual decision
- Decisions on listing and de-listing are adopted by consensus.
- The proposal is sent to all the members, and if no member objects within five working days, the proposal is adopted.
- An “objection” means rejection for the proposal.
(3) Putting and resolving ‘Technical Holds’
- Any member of the Committee may also put a “technical hold” on the proposal and ask for more information from the proposing member state.
- During this time, other members may also place their own holds.
- The matter remains on the “pending” list of the Committee.
- Pending issues must be resolved in six months, but the member state that has placed the hold may ask for an additional three months.
- At the end of this period, if an objection is not placed, the matter is considered approved.
Here is a timeline of how China disrupts the global efforts against terrorism:
- 2009: After the 26/11 Mumbai attacks, India moved an independent terror designation proposal against Masood Azhar but China blocked the move.
- 2016: After seven years, India proposes listing of Masood Azhar as a global terrorist and is supported by the US, the UK and France. China blocks the move again.
- 2017: The trio moves a third proposal only to be blocked by China again.
- 2019: After the attacks on the CRPF personnel in J-K’s Pulwama, India calls 25 envoys of different countries to highlight the role Islamabad plays in funding, promoting and strengthening global terrorism. India moves the fourth proposal demanding Masood Azhar’s listing. China lifted its technical hold.
- June 2022: China blocked a proposal by India and the US to list Pakistan-based terrorist Abdul Rehman Makki as a ‘Global Terrorist’
- August 2022: China blocks India-US joint proposal to list Jaish-e-Mohammad (JeM) deputy chief Abdul Rauf Azhar as UNSC designated terrorist.
Conclusion
- China’s actions expose its double speak and double standards when it comes to the international community’s shared battle against terrorism.
- This clearly depicts its care for its vassal state Pakistan.
Back2Basics: United Nations Security Council
| Description | |
| Purpose | International peace and security |
| Powers | Establish peacekeeping operations, impose international sanctions, and authorize military action. Its resolutions are binding. |
| Membership | 15 members. 5 permanent members are Russia, the United Kingdom, France, China, and the United States. The remaining 10 are non-permanent members elected on a regional basis to serve two-year terms. |
| Veto Power | P5 members have veto power, which means they can veto any substantive resolution, including those on new member states or candidates for Secretary-General. |
| Presidency | Rotates monthly among its members. |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
How to minimise the threat from IEDs?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: IED (Improvised Explosive Device)
Mains level: Explosives control
Central Idea: The article discusses various measures that need to be taken to minimise errors in anti-terrorist operations. This has been particularly discussed after recent incidents of IED (improvised explosive device) explosions.
What are IED (Improvised Explosive Device)?
- IEDs are homemade explosive device made from commonly available materials such as fertilizer, diesel fuel, and metal scraps.
- They are typically used as a form of guerrilla warfare by non-state actors such as terrorists, insurgents, and other militant groups.
Why discuss IEDs?
- IEDs are a popular choice for such groups as they are relatively easy to construct, difficult to detect, and can be triggered by a range of mechanisms including pressure plates, remote control, and tripwires.
- IEDs are often responsible for a large number of casualties and fatalities in conflict zones.
Disadvantage faced by Indian armed forces
- The security forces are dealing with an enemy who is faceless, unidentifiable, and hidden among the people.
- Security personnel can open fire only in self-defence, not on apprehension, giving militants the ‘first mover advantage’.
- The reaction or the response time available for “Immediate Action (IA) or Counter Ambush drill” is a few seconds.
- All standard operating systems and procedures, technological measures, etc., are directed towards the identification and detection of IEDs/landmines and to avoid being caught in them.
Preventing IED Fatalities
(1) Minimizing Errors
- Avoid vehicle travel: To avoid casualties/fatalities in Maoist territories, vehicle travel should be avoided.
- Foot patrolling: Routine operations like area domination, cordon-and-search, long-range patrolling, ambush-cum-patrolling should only be undertaken on foot.
- Route security: If vehicle travel is essential, the onward and return journeys should never be by the same route, nor undertaken during the daytime.
- Smaller convoys: Security forces should travel in a convoy of a minimum of two to three vehicles, maintaining a distance of at least 40 to 50 meters between them.
(2) Camouflage and Protective Gear
- In certain war zones, vehicular deployment is inevitable.
- Security forces should be equipped with appropriate protective gear and their vehicles should be equipped with V-shaped and armour-plated hull, blast-resistant technology, and proper sandbagging to minimize damage in the event of an explosion.
(3) Making a Region Safe for Travel
- Detection: Rigorous and regular implementation of various detection methods, such as metal detectors, ground-penetrating radar, and trained sniffer dogs, to locate and clear landmines and IEDs, is essential.
- Multi strata surveillance: This carried out through drones and road opening parties equipped with UGVs (Unmanned Ground Vehicles) can detect the presence of terrorists and pick tell-tale signs of a likely ambush.
- Mapping of such areas: Areas known or suspected to contain landmines or IEDs can be mapped, and contingency plans prepared for them.
(4) Intelligence Inputs and Investigation
- Confidence building: Winning of hearts and minds is essential to gather actionable intelligence.
- Diligent and scientific investigation: Establishment of linkages through meticulous collection and marshalling of evidence, framing of chargesheets, followed by speedy trials and conviction, serve as a strong deterrent to terrorism.
Policy measures required
- Regulating explosives: Legislative measures are required for the mandatory addition of odoriferous chemicals and/or biosensors to explosives used in industry and mining for their easy detection during transport.
- Collaboration with international organizations: Other countries have taken several counter-IED measures, such as the U.S. setting up the Joint Improvised-Threat Defeat Organization and spending about $20 billion on counter-IED measures since 2005.
- Overarching agency: It is needed under the Ministry of Home Affairs to coordinate the efforts of both the GoI and the states, and to provide legislative, technological, and procedural support to law enforcement agencies.
Conclusion
- It is crucial for governments to take necessary measures to protect their security personnel and prevent casualties caused by IEDs.
- Again it is essential to raise awareness about the challenges and dangers faced by security personnel in conflict zones and to find effective solutions to mitigate the risks.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Why have Maoists repeatedly attack in Chhattisgarh?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Maosism
Mains level: LWE in India
Central idea: Ten security personnel returning from a counter-insurgency operation and a civilian driver were killed by Maoists, in Chhattisgarh’s Dantewada.
Why discuss this?
- Media seems to be confused with the terms and uses Maoists and Naxalities quite inter-changeably for Left Wing Extremism (LWE).
Current LWE situation in the country
- According to the MHA, Maoist violence in the country has gone down by 77% since 2010.
- The number of resultant deaths (security forces + civilians) has come down by 90% from the all-time high of 1,005 in 2010 to 98 in 2022.
- Chhattisgarh accounted for more than a third of all Maoist-related violence in this period.
Naxalites vs. Maoists
Naxalism |
Maoism |
| Originated as a rebellion against marginalisation of the poor forest dwellers and gradually against the lack of development and poverty at the local level in rural parts of eastern India | Originated in China as a form of communist theory derived from the teachings of Chinese political leader Mao Zedong |
| Began with an armed peasant uprising in Naxalbari village of Darjeeling district in West Bengal in 1967 | Maoist Communist Centre (MCC) was formed in West Bengal around 1966 |
| Originated from the split that took place in the Communist Party of India (Marxist) in 1967 | A section of communist rebels retained a distinct identity after the Naxalbari uprising |
| Spread to lesser developed areas like Jharkhand, Odisha, Chhattisgarh and Andhra Pradesh | Initially kept a low profile, shot into prominence in Bihar in mid-1980s when they killed 54 Rajputs in Dalelchak-Bhagaura village of Aurangabad |
| CPI-ML has been fighting elections in several states across India | Do not support elections |
| Focuses on mass organizations | Relies mainly on armed struggle |
| May have an armed wing, but not their sole reliance | Existence depends on their armed militia |
Why have the Maoists carried out this attack in Chhattisgarh now?
- Anti-state ops: The Maoists have carried out this attack as part of their strategy of heightened military activity and more attacks on security forces.
- Revenge: CRPF conducts Tactical Counter Offensive Campaigns (TCOCs) from Feb to June yearly as monsoon makes offensive operations in the jungles difficult from July.
Why Chhattisgarh?
- Dense forests: The absence of roads in the interiors of Chhattisgarh has stymied the operations of security forces.
- Asylum for the offenders: Police of neighbouring states had pushed Maoists from their states to Chhattisgarh, making it a concentrated zone of Maoist influence.
- Lack of governance: The minimal presence of the administration in the interiors of South Bastar has ensured that Maoists continue to have influence in the region and enjoy local support through a mix of fear and goodwill.
Also read:
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Drug trafficking In India: New Trends and Serious Security Issues
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Golden crescent and golden traingle
Mains level: Menace of Drug trafficking in India
Central Idea
- Narcotics trade is a global social problem that has harmful effects on the youth and families. This trade generates money that is diverted to disruptive activities having bearing on national security, keeping the law enforcement agencies on tenterhooks. India is also facing the problem of drug trafficking, and the issue is assuming dangerous proportions.
What is Narcotics trade?
- The narcotics trade refers to the illegal production, distribution, and sale of drugs such as opium, heroin, cocaine, and methamphetamine.
- It is a global issue that poses a serious threat to public health and safety, as well as national security.
- The trade is often controlled by criminal organizations, and the money generated from it is often used to fund other illicit activities such as terrorism and money laundering.
Prevalence of Narcotics trade in India
- Significant challenge: The Narcotics trade is a serious problem in India, affecting the youth and families, and leading to the diversion of money for disruptive activities that have a bearing on national security.
- Sandwiched between golden Crecent and golden triangle: India is a big market and a transit route for other countries. India has been seen as sandwiched between the Death (Golden) Crescent and Death (Golden) Triangle.
- Use of drones to supply drugs: The use of drones to supply drugs and weapons across the border in Punjab is a new phenomenon.
- Hot destination for cocaine: India has surprisingly become a hot destination for cocaine, which is controlled by South American drug cartels. Investigations have revealed the connection of these cartels with NRIs based in Canada, Australia, Singapore, Hong Kong, and several European countries along with local drug lords and gangsters in India.
Concerns regarding the Narcotics trade in India
- Social and health impact: Narcotics trade harms youth and families, leading to addiction and health problems.
- Diversion of funds for disruptive activities: The money generated from the narcotics trade is diverted for disruptive activities that have bearings on national security.
- Increase in terrorism: Drug traffickers from across borders have been found to have connections with terrorist organizations like Lashkar-e-Toiba and Hizbul Mujahideen, and the illegal money is used for terror activities sponsored by the ISI.
- Infiltration of organized crime: Organized gangs, which primarily used to carry out extortion activities in their local areas, are getting hooked to the narcotics trade network, and are being used for drug trafficking and gun running. This creates a nexus between terrorists and organized gangs/underworld, which poses a new and disturbing trend that needs to be tackled effectively by security agencies.
- Proliferation of darknet markets: Studies reveal that 62 per cent of the darknet is being used for illicit drug trafficking. The anonymity and low risks of darknet transactions are disrupting traditional drug markets.
- Border security: The heroin and methamphetamine-producing areas have porous borders and are reportedly under the control of rebel groups indirectly supported by intelligence setups. Illicit arms are manufactured here and supplied to underground groups active in India.
Facts for prelims
|
Why drug trafficking is a serious security issue?
- Illegal money: Drug trafficking generates a significant amount of illegal money, which can be used to fund other illegal activities such as terrorism, money laundering, and human trafficking.
- Social and economic consequences: Drug addiction and abuse can have severe social and economic consequences, including increased crime rates, loss of productivity, and strain on the healthcare system.
- Organized crime syndicates: Drug trafficking often involves organized crime syndicates, which can undermine the rule of law and weaken the state’s ability to maintain law and order.
- Impacts regional stability: Drug trafficking can create instability in regions that are already vulnerable to conflict and violence, as rival groups compete for control of the lucrative trade.
Steps taken by India to address the issue of drug trafficking
- National Policy on Narcotic Drugs and Psychotropic Substances: India has a comprehensive policy framework to address the issue of narcotics trade. The National Policy on Narcotic Drugs and Psychotropic Substances provides a framework for controlling the illicit traffic in drugs, preventing drug abuse, and providing care and rehabilitation to drug addicts.
- Narcotics Control Bureau: The Narcotics Control Bureau (NCB) is the nodal agency for combating drug trafficking in India. It works closely with other law enforcement agencies to prevent drug trafficking, intercept drug shipments, and prosecute drug traffickers.
- International cooperation: India has been cooperating with other countries to combat the narcotics trade. It has signed several bilateral and multilateral agreements to strengthen cooperation on drug trafficking, including the SAARC Convention on Narcotic Drugs and Psychotropic Substances and the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
- Seizure of drugs: Law enforcement agencies have been seizing large quantities of drugs in recent years. In 2020, the NCB seized over 9,500 kg of drugs and arrested over 5,000 people in drug-related cases.
- Awareness campaigns: The government has been running awareness campaigns to educate people about the dangers of drug abuse. It has also been working with NGOs and civil society organizations to provide care and rehabilitation to drug addicts.
- Use of technology: Law enforcement agencies are using technology to track drug trafficking. For example, the NCB has been using social media and the dark web to track drug trafficking.
- Strengthening border security: India has been strengthening its border security to prevent the entry of drugs into the country. The government has been using modern technology, such as drones and sensors, to monitor the borders.
- Use of financial intelligence: Law enforcement agencies are using financial intelligence to track the money trail of drug traffickers. They are working closely with banks and financial institutions to identify suspicious transactions and freeze the assets of drug traffickers.
Way ahead
- International cooperation: India needs to engage with its neighboring countries to ensure that they take steps to prevent the production and transit of narcotics through their territories. India should also collaborate with international agencies like the United Nations Office on Drugs and Crime (UNODC) to share intelligence and develop a coordinated approach towards combating the drug menace.
- Strengthening law enforcement: India should strengthen its law enforcement agencies and provide them with the necessary resources and training to effectively tackle the narcotics trade. The Narcotics Control Bureau (NCB) should be given more teeth and made more proactive in tracking down drug traffickers and seizing drugs.
- Public awareness: India needs to launch a sustained public awareness campaign to educate people about the harmful effects of drugs and the links between drug trafficking and terrorism. The government should also work with civil society organizations to mobilize communities to report drug-related activities in their neighborhoods.
- Stricter punishment: India needs to introduce stricter punishment for drug traffickers and increase the penalties for drug-related crimes. This will act as a deterrent and make it more difficult for drug traffickers to operate in India.
- Use of technology: India needs to leverage technology to track and intercept drug shipments. The use of drones and other unmanned aerial vehicles can be explored to monitor the movement of drugs across borders.
- Monitoring darknet activities: India needs to monitor activities on the darknet and take action against those engaged in drug trafficking through this channel. The NCB can work with international agencies to track down drug traffickers operating on the darknet.
- Rehabilitation: India needs to focus on rehabilitating drug addicts and providing them with the necessary support to overcome their addiction. This will help in reducing demand for drugs and prevent people from getting into the trap of drug trafficking.
Conclusion
- The problem of drug trafficking is a growing threat to India’s security, and the issue needs to be addressed urgently. Concerted and coordinated efforts of all the agencies will be required to tackle this growing threat. The nexus between terrorists and organized gangs/underworld is a new and disturbing trend and the law enforcement agencies must develop new strategies to counter the new trends.
Mains Question
Q. The problem of drug trafficking is a growing threat to India’s security. In this backdrop discuss the concerns regarding narcotics trade in India and suggest a way ahead
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Membership of a banned outfit is a crime under UAPA: SC
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Unlawful (Activities) Prevention Act (UAPA)
Mains level: Read the attached story
The Supreme Court has overturned its previous judgments and ruled that a person who “is or continues to be” even a “mere member” of a banned organisation is liable to be found criminally liable under the Unlawful Activities Prevention Act (UAPA) for acting against the sovereignty and integrity of India.
Why in news?
- The Supreme Court’s earlier ruling maintained the restraints stitched into Article 19(4) on the right of citizens to form associations and unions.
What has changed with this judgment?
- Possession of literature or expression of sympathy to the cause without any real involvement in the crime can be counted as evidence of “membership” if the threshold is lower and does not require actual involvement.
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Cases registered under UAPA
- During 2015 to 2020, 5,924 cases were registered and 8,371 persons arrested.
- The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.
Why UAPA is often criticized?
- Draconian: The provision of extended detention without trial, lack of transparency in the process, and limited scope for judicial intervention have also been criticized.
- Community targeting: The law has been used to suppress dissent, target minorities, and stifle freedom of speech and expression.
- Vague definitions: Critics argue that the broad definition of “unlawful activities” in the law is vague and can be used to target anyone who opposes the government or its policies.
Reported abuse of UAPA
- The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
- It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
- The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
- This is far less to figure of the success of having UAPA.
Issues with UAPA
- Burden of proof:With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
- No interim bail:As a consequence of UAPA being applied, the accused cannot even get bail.
- Traitor branding:This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
- Fake and framed cases:In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.
Impact of the recent ruling
- The ruling is expected to have significant implications for individuals associated with banned organisations in India.
- It is likely that there will be more cases of individuals being charged for their membership of a banned organisation.
- While the court clarified that persons who had left the organisation and were not members at the time it was declared unlawful, cannot be held liable under Section 10(a)(i) of the UAPA/
Conclusion
- This judgment is a significant step towards preventing unlawful activities and protecting the sovereignty and integrity of India.
- While the ruling has been praised by the government, civil rights advocates have raised concerns about the implications of this judgment on fundamental rights.
- It remains to be seen how this ruling will be applied and enforced in practice.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
What is the National Security Act, 1980?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: National Security Act
Mains level: NSA and its provisions
Punjab Advocate General has confirmed the invocation of National Security Act (NSA) to Amritpal Singh’s case.
National Security Act, 1980
- The NSA was passed by the Parliament in 1980 and has been amended several times since then.
- It empowers the state to detain a person without a formal charge and without trial.
- It is invoked when a person is taken into custody to prevent them from acting in any manner prejudicial to “the security of the state” or for “maintenance of the public order”.
- It is an administrative order passed either by the Divisional Commissioner or the District Magistrate.
Grounds for detention under NSA
- NSA can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
- Among others, it can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supply and services essential to the community.
- An individual can be detained without a charge for a maximum period of 12 months.
- The detained person can be held for 10 to 12 days in special circumstances without being told the charges against them.
Protection available under the Act
- One crucial procedural safeguard under the NSA is granted under Article 22(5).
- All the detained persons have the right to make an effective representation before an independent advisory board.
- The board is chaired by a member who is, or has been, a judge of a high court.
- The DM who passes the detention order is protected under the Act and no prosecution or any legal proceeding can be initiated against the official who carries out the orders.
Cases for misuse
- The Supreme Court in earlier cases had held that to prevent “misuse of this potentially dangerous power, the law of preventive detention has to be strictly construed”.
- “Meticulous compliance with the procedural safeguards” has to be ensured.
Criticism of NSA
- Human rights groups have said in the past that the Act vitiates Article 22 of the Constitution and various provisions under the CrPC that safeguard the interest of an arrested person.
- Under the CrPC, the arrested person has to be produced before the nearest Magistrate within 24 hours, but the NSA carves out an exception.
- Some human rights groups argue that it is often misused by authorities to silence political opponents or those who are critical of the government.
- There have been calls for the Act to be repealed or amended to prevent its abuse.
- However, there is an opposing view that the Act cannot be construed to be a draconian law as it protects the larger interest of the state and is therefore likely to stay.
Try this MCQ:
Which of the following is a true statement about the National Security Act, 1980?
A) The Act allows preventive detention only for specific violations of the law.
B) The detained person has the right to move a bail application before a criminal court.
C) A person can be detained under the Act only if he/she has been charged with a crime.
D) The Act can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
Post your answers here.
Are you an IAS Worthy Aspirant? Get a reality check with the All India Smash UPSC Scholarship Test
Get upto 100% Scholarship | 900 Registration till now | Only 100 Slots Left
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Vienna Convention on Diplomatic Relations (1961)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Various vienna conventions
Mains level: Not Much
Central idea: The Indian government lodged a strong protest against the UK government and reminded obligations of the host nation under the Vienna Convention on Diplomatic Relations amid the vandalism incident that occurred at the Indian High Commission in London.
What is the Vienna Convention?
- The treaty being referred to by the MEA in this instance is the Vienna Convention on Diplomatic Relations (1961).
- It provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States.
FYI: Vienna ConventionVienna, the capital city of Austria, has a long history of hosting international conventions and conferences. There are several conventions that are named as “Vienna Convention”. Here is a list of some of the most well-known Vienna Conventions:
Note that there may be other treaties or agreements that have been signed in Vienna that may also be referred to as Vienna Conventions, but the above are some of the most commonly recognized ones. |
Obligations of a “receiving State” under the Vienna Convention
- As per the Vienna Convention, a “receiving State” refers to the host nation where a diplomatic mission is located.
- Article 22 of the Convention deals with obligations with regards to the premises of the Mission.
- Part 2 of this article states that “The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity”.
Did the UK not fulfil its obligations in this instance?
- The fact that protestors were able to climb the walls of the High Commission premises indicates a breach.
- India finds the UK government’s indifference to the security of Indian diplomatic premises and personnel in the UK unacceptable.
- UK has condemned the event and promised to take the security of the Indian High Commission in London seriously.
Are you an IAS Worthy Aspirant? Get a reality check with the All India Smash UPSC Scholarship Test
Get upto 100% Scholarship | 900 Registration till now | Only 100 Slots Left
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
An Overview : UAPA and The Concerns
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA, TADA, POTA
Mains level: UAPA, misuse and necessity
Central Idea
- India’s anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), has been misused and turned into a tool of terror. There are two examples of this misuse in recent times. In 2021, Muhammad Manan Dar, a young Kashmiri photojournalist, was arrested and imprisoned for documenting the daily lives of common Kashmiris with his camera. A year earlier, another journalist, Sidheeque Kappan, was charged with participating in a plot to ignite rioting in Hathras, Uttar Pradesh.
Crack Prelims 2023! Talk to our Rankers
Unlawful (Activities) Prevention Act (UAPA)
- Background: The Unlawful Activities (Prevention) Act is an anti-terrorism law in India that was first introduced in 1967.
- Purpose: The purpose of UAPA is to prevent unlawful activities that threaten the sovereignty and integrity of India.
- Amendments: UAPA has undergone several revisions since its introduction, with each revision making the law more stringent. Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, terrorist act was added to the list of offences.
- Provisions: UAPA provides for the designation of individuals and organizations as “terrorists” and allows for their arrest and detention without trial for up to 180 days.
- Criticisms: UAPA has been criticized for being used to stifle dissent and suppress political opposition. Critics argue that the law is vague and overbroad, allowing for its misuse and abuse.
What is Terrorist and Disruptive Activities (Prevention) Act (TADA)?
- Overview: TADA was an anti-terrorism law in India and enacted in 1985 and was in force until 1995. It was enacted to strengthen the legal framework to deal with terrorist activities in India.
- Provisions: TADA provided for the detention of suspects without trial for up to 180 days. It also allowed the setting up of special courts to conduct trials in cases related to terrorism and provided for the admissibility of confession made to a police officer. TADA also made certain activities punishable as terrorist acts, including illegal arms trade, financing terrorism, and disrupting the sovereignty of India.
- Criticism: TADA was also criticized for its vague and broad definition of terrorism, which allowed for the targeting of political dissidents.
- Repeal: TADA was allowed to lapse in 1995 after it was deemed to be incompatible with the Indian Constitution and the principles of democracy and the rule of law. The law was replaced with the Prevention of Terrorism Act (POTA) in 2002, which was also criticized for its draconian provisions and misuse by law enforcement agencies.
What is Prevention of Terrorism Act 2004 (POTA)?
- Objective: To provide the government with legal tools to combat terrorism and punish those who support or engage in terrorist activities.
- Key Provisions: Broad powers to investigate and prosecute individuals suspected of terrorism-related activities. Power to detain suspects for up to 180 days without charge. Use of confessions made to police officers as evidence in court
- Criticism: Potential for misuse and infringement on civil liberties. Could be used to target religious and ethnic minorities. Could be used to silence political dissent
- Repealed: 2004 by the United Progressive Alliance government, citing concerns about misuse and potential for human rights abuses.
- Replacement: Some provisions of POTA were incorporated into the Unlawful Activities Prevention Act (UAPA), which remains in force in India today.
Worrying statistics
- UAPA has one of the worst records for prosecution success.
- According to a PUCL report in 2022, less than 3 per cent of arrests made under the UAPA resulted in convictions between 2015 and 2020.
- Only 1,080 of the 4,690 people detained under the UAPA between 2018 and 2020 received bail, according to the report.
- Unlike TADA and POTA, UAPA has never been constitutionally reviewed. Its repeated abuse is a blot on our democracy.
Some of the key concerns regarding the UAPA
- Misuse: The UAPA has been criticized for being misused by authorities to target human rights defenders, activists, and dissenters. Critics argue that the act has been used to stifle free speech and to quell any form of peaceful protests.
- Lack of accountability: The UAPA allows for the designation of an individual or organization as a terrorist entity, without providing adequate means for challenge or appeal, which many argue is against the principles of natural justice.
- Vagueness: The definitions of “terrorist acts” under the UAPA are broad and vague, and can be interpreted in a way that infringes on the freedom of speech and assembly, leading to the potential for misuse.
- Restrictions on bail: The UAPA has provisions that make it difficult for people charged under the act to obtain bail, as it requires that the accused show that they are not guilty, shifting the burden of proof from the prosecution to the accused.
- Excessive punishment: The UAPA provides for harsh punishments, including life imprisonment and the death penalty, for offenses related to terrorism, which many argue are disproportionate and infringe on human rights.
Why UAPA is necessary?
- Legal tools to investigate: The UAPA provides the government with legal tools to investigate and prosecute individuals and organizations involved in terrorist activities.
- Special courts to conduct trials: It allows for the setting up of special courts to conduct trials in cases related to terrorism and provides for stringent punishment for offenses related to terrorism. It also allows the government to designate individuals or organizations as terrorist entities and freeze their assets.
- Necessary measure to maintain sovereignty and integrity: The act is aimed at countering not just terrorism but also other forms of unlawful activities, such as organized crime, money laundering, and trafficking. It is considered to be a necessary measure to maintain the sovereignty and integrity of the nation, and to protect the lives and property of its citizens.
- To balance national security and civil liberties: It is necessary to strike a balance between national security and protection of civil liberties. The act can be an effective tool in the fight against terrorism, as long as it is implemented in a fair and just manner and its provisions are not misused to stifle legitimate forms of dissent or activism.
Conclusion
- Concerns over the UAPA highlight the need for a balanced approach in the fight against terrorism, one that protects national security while also ensuring the protection of fundamental rights and freedoms.
Mains question
Q. UAPA is continuously in the headlines from the time of its inception. Discuss the concerns and necessity of such Act.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Drugs in the valley: Pakistan’s new weapon to finance terrorism
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Drug infiltration for terror financing, and security issues
Context
- With arms and terror infiltration becoming difficult, Pakistan has now resorted to peddling drugs to degenerate the youth of Jammu and Kashmir. Narcotics, Pakistan’s new weapon to finance terrorism within the Valley, has been dubbed the biggest challenge confronting Jammu and Kashmir by Police Chief Dilbag Singh.
Crack Prelims 2023! Talk to our Rankers
Background: Pakistan-sponsored terrorism and its impact
- The culture of violence implemented through constant financial and strategic support to the insurgency in the Kashmir Valley by Pakistan by training and infiltrating weapons and militants impacted society in many ways.
- Pakistan-backed terrorism destroyed the centuries-old socioeconomic and sociocultural fabric of society.
- The deaths, mass exodus of Pandits, and increased unemployment eroded the composite way of life and increased boredom, depression, and anxiety among the masses.
How Pakistan’s designs are failing?
- Pakistan-sponsored terrorism is at an all-time low in Jammu and Kashmir, three years after the abrogation of Articles 370 and 35A.
- The number of active militants has fallen from 250 by the end of 2019 to just over 100 by January 2023.
- Security agencies have tried hard to achieve zero terror activities within the Union territory of Jammu and Kashmir and busted 146 terror modules created by Pakistan in 2022.
- As a result, Pakistan’s design to create a culture of violence in the Valley endorsed by self-serving and incestuous political elite under the guise of autonomy for the last 30 years is failing.
Drug strategy of Pakistan in Kashmir
- Strategy serves dual purpose for Pakistan: Now, with the people of Kashmir increasingly relinquishing terrorism and a culture of violence, the drug strategy serves dual purposes for Islamabad. One, to attack the core of the social well-being, and two, to finance terrorism within the Valley.
- Constant infiltration of drugs in the valley: There is a constant infiltration of drugs by Pakistan via the Valley’s Kupwara and Baramulla districts, less-used other drugs such as brown sugar, cocaine, and marijuana are also readily available within the Valley and even in parts of Jammu.
Drug addiction in Kashmir
- Valley is slowly becoming a drug hub: The Kashmir Valley is slowly becoming a drug hub in Northern India, having more than 67,000 drug abusers, of which 90 percent are heroin addicts, using more than 33,000 syringes daily.
- Emerged as country’s top drug affected region: With 2.5 percent of the population using drugs, Kashmir has emerged as the country’s top-drug-affected region, ahead of Punjab, where 1.2 percent of the population is reportedly addicted to drug abuse.
- Residents affected: In November 2022, the state-level narcotic coordination committee meeting chaired by the Chief Sectary revealed that at least six lakh residents were affected by drug-related issues in Jammu and Kashmir.
- Increasing crime rate: Increasing on average, INR 88,000 are spent by a drug abuser in the Valley yearly, increasing Kashmir’s crime rate.
Reasons for this situation
- Collapse of age-old social discipline: A significant reason for such an alarming situation is the near-total collapse of the Valley’s age-old informal social discipline and control mechanisms enforced by village elders.
- Attack on cultural core: Pakistan’s nefarious attack on the Valley’s cultural core has rendered this traditional mechanism of social control ineffective.
- Few contributes in social degradation: The village elders have also often worked hand-in-glove with Pakistan’s evil designs by remaining silent and endorsing the societal degradation.
Jammu and Kashmir police and war against drugs
- Security agencies have trained their focus on drug peddlers: Security agencies in Jammu and Kashmir are known for anti-terror operations. They have successfully created a synergy with the local administration to sabotage Pakistan’s activities and allied forces within the Valley. With Pakistan-sponsored insurgency receding, the security agencies have trained their focus on drug peddlers.
- Security agencies in action: In 2022, under Narcotic Drugs Psychotropic Substances (NDPS) Act, the police registered 1,021 cases and arrested 1700 drug peddlers, including 138 notorious peddlers. During the same time, the security agencies seized enormous quantities of contraband, including 212 kilograms of charas, 56 kilograms of heroin, 13 kilograms of brown sugar, 4.355 tonnes of poppy straw and 1.567 tonnes of fukki.
- Busted narco terror modules: The security agencies also busted many narco-terror modules and arrested 36 persons with huge catches of drugs, arms, ammunition, and money.
- Investigation revealed drugs smuggled from Pakistan: In December 2022, police busted a Pakistan-based narcotics module and arrested 17 persons, including five police officials and some political activists. Investigations revealed that over five kilograms of narcotics valued at INR 5 crore were smuggled from Pakistan in three months.
- Launched Nasha-Mukt Bharat Abhiyan: The local administration has also launched the Nasha-Mukt Bharat Abhiyan an initiative started by the Ministry of Social Justice and Empowerment on 15 August 2020 to eradicate the menace of drug addiction in 272 districts across India. This programme has conducted large-scale awareness programmes in colleges, universities, and within communities.
Way ahead
- The Kashmiri society needs to have an internal interlocution and take a serious look at Pakistan’s policies to foment trouble, especially through narco-terrorism.
- Kashmir’s elders and religious leaders through mosques need to get involved in the war against drugs and guide the youth to engage meaningfully with the spate of developmental activities undertaken by the national and Union territory government following the abrogation of Article 370.
- The government should also initiate and enable public-private partnerships, where local police, military, paramilitary, and citizen bodies act in harmony to make Kashmir free of narco-terror and Pakistan-implemented culture of violence.
Conclusion
- With arms and terror infiltration becoming difficult, Pakistan has now resorted to drug trafficking to destroy Kashmir’s youth. Creating a working synergy between Kashmir’s traditional and formal social control system can go a long way in addressing the drug menace.
Mains question
Q. With arms and terror infiltration becoming difficult, Pakistan has now resorted to drug trafficking to destroy Kashmir’s youth. Discuss.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
UNSC bans LeT’s Makki after China lifts its hold
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNSC 1267
Mains level: Global terrorist designations
The ISIL and Al Qaida Sanctions Committee of the UN Security Council (UNSC) has placed Abdul Rehman Makki, a fundraiser and key planner of the Pakistan-based terrorist outfit Lashkar-e-Taiba (LeT), on its sanctions list.
Blacklisting Maki: Under UNSC 1267 list
- The UNSC resolution 1267 was adopted unanimously on 15 October 1999.
- It came to force in 1999, and strengthened after the September, 2001 attacks.
- It is now known as the Da’esh and Al Qaeda Sanctions Committee.
What is UNSC 1267 committee?
- It comprises all permanent and non-permanent members of the United Nations Security Council (UNSC).
- The 1267 list of terrorists is a global list, with a UNSC stamp.
- It is one of the most important and active UN subsidiary bodies working on efforts to combat terrorism, particularly in relation to Al Qaeda and the Islamic State group.
- It discusses UN efforts to limit the movement of terrorists, especially those related to travel bans, the freezing of assets and arms embargoes for terrorism.
How is the blacklisting done?
(1) Submission of Proposal
- Any member state can submit a proposal for listing an individual, group, or entity.
- The proposal must include acts or activities indicating the proposed individual/group/entity had participated in the financing, planning, facilitating, preparing, or perpetrating of acts or activities linked to the said organizations.
(2) Actual decision
- Decisions on listing and de-listing are adopted by consensus.
- The proposal is sent to all the members, and if no member objects within five working days, the proposal is adopted.
- An “objection” means rejection for the proposal.
(3) Putting and resolving ‘Technical Holds’
- Any member of the Committee may also put a “technical hold” on the proposal and ask for more information from the proposing member state.
- During this time, other members may also place their own holds.
- The matter remains on the “pending” list of the Committee.
- Pending issues must be resolved in six months, but the member state that has placed the hold may ask for an additional three months.
- At the end of this period, if an objection is not placed, the matter is considered approved.
How China supports Terror in Pakistan?
- China has exposed its double standards on the issue of terrorism for consistently stopping the listing of Pakistan-based terrorists.
- This time, Beijing has argued that the blacklisting is in fact a “recognition” of Pakistan’s record of fighting terrorism.
Here is a timeline of how China disrupts the global efforts against terrorism:
- 2009: After the 26/11 Mumbai attacks, India moved an independent terror designation proposal against Masood Azhar but China blocked the move.
- 2016: After seven years, India proposes listing of Masood Azhar as a global terrorist and is supported by the US, the UK and France. China blocks the move again.
- 2017: The trio moves a third proposal only to be blocked by China again.
- 2019: After the attacks on the CRPF personnel in J-K’s Pulwama, India calls 25 envoys of different countries to highlight the role Islamabad plays in funding, promoting and strengthening global terrorism. India moves the fourth proposal demanding Masood Azhar’s listing. China lifted its technical hold.
- June 2022: China blocked a proposal by India and the US to list Pakistan-based terrorist Abdul Rehman Makki as a ‘Global Terrorist’
- August 2022: China blocks India-US joint proposal to list Jaish-e-Mohammad (JeM) deputy chief Abdul Rauf Azhar as UNSC designated terrorist.
Why China shields Pak-based terrorists?
- Rewarding Pakistan: China rewards Pakistan to keep India engaged in regional battles and internal conflicts.
- Oppressing the Uighurs: The quid pro quo is that Pakistan does not utter a word against Uighur Muslim oppression by China in restive Xinjiang province.
Conclusion
- China’s actions expose its double speak and double standards when it comes to the international community’s shared battle against terrorism.
- This clearly depicts its care for its vassal state Pakistan.
Back2Basics: United Nations Security Council (UNSC)
- The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
- Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
- It is the only UN body with the authority to issue binding resolutions to member states.
- The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
- These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
- The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.
Crack Prelims 2023! Talk to our Rankers
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
What are Mutual Legal Assistance Treaties (MLATs)?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mutual Legal Assistance Treaty (MLAT)
Mains level: Not Much
India and Saudi Arabia are in talks to sign a Mutual Legal Assistance Treaty (MLAT) to obtain formal assistance from each other in investigations related to criminal cases.
Why in news?
- Saudi Arabia is only among a dozen other countries that does not have either an MLAT or any other bilateral agreement with India to facilitate such investigations.
- India has so far signed MLATs with 45 countries, and is also in talks to finalise MLATs with Italy and Germany.
What are MLATs?
- The MLATs in criminal matters are the bilateral treaties entered between countries for providing international cooperation and assistance.
- These agreements allow for the exchange of evidence and information in criminal and related matters between the signing countries.
Benefits of Treaty
- It enhances the effectiveness of participating countries in the investigation and prosecution of crime, through cooperation and mutual legal assistance.
- It will provide a broad legal framework for tracing, restraining and confiscation of proceeds and instruments of crime as well as the funds meant to finance terrorist acts.
- It will be instrumental in gaining better inputs and insights in the modus operandi of organized criminals and terrorists.
- These in turn can be used to fine-tune policy decisions in the field of internal security.
Enforcing MLATs in India
- The Ministry of Home Affairs (MHA) is the nodal Ministry and the Central authority for seeking and providing mutual legal assistance in criminal law matters.
- The Ministry of External Affairs (MEA) may be involved in this process when such requests are routed through diplomatic channels by these Ministries.
- Section 105 of the Criminal Procedure Code (CrPC) speaks of reciprocal arrangements to be made by the Centre with the Foreign Governments
Why is India seeking such a treaty with Saudi?
- In the past, Saudi Arabia has deported several terror suspects on India’s request.
- The treat would help in getting a conviction for an accused in a court of law, based on evidence gathered through the mutual agreement.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Virtual Digital Assets (VDA) and Terror Financing
Note4Students
From UPSC perspective, the following things are important :
Prelims level: VDA's
Mains level: Virtual Digital Assets (VDA) and Terror Financing
Context
- No Money for Terror conference hosted by the Union Ministry of Home Affairs concluded with a commitment from the 93 participating nations to end all financing of terror, including through the use of emerging digital technologies such as VDAs.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes
Concerns regarding virtual digital assets
- VDAs for illicit activities: The concerns around the misuse of VDAs for illicit activities require careful legislative responses and forward-looking regulatory guardrails.
- Non reporting and non-transparency: On a fundamental level, these concerns stem from a lack of reporting and transparency norms, and an absence of international consensus on regulatory design.
- Lack of reliable data: The Reserve Bank of India’s (RBI) Deputy Director highlighted the difficulty in regulating VDAs, given the lack of reliable data on VDA transactions.
- Unregulated transactions: This allows bad actors to engage in unchecked transactions and defraud investors, as evinced by one of the (erstwhile) largest VDA exchanges FTX.
India’s role in regulating the VDA
- Leveraging G20 Presidency: As one of the highest-ranked countries in terms of VDA adoption, and now with the G20 presidency, India has a critical role to play in shaping the global regulatory environment.
- Empowering anti-money laundering authorities: In the short term, a viable approach for India is in taking the industry and the investor into confidence by allowing anti-money laundering (AML) authorities visibility over VDA transactions, and the power to impose controls upon them and prosecute in the event of any misuse.
- India should adopt FATF guidelines: There are several international templates to this effect. The Financial Action Task Force Guidelines on Virtual Asset Transactions (FATF Guidelines) are a case in point, which have been adopted by various jurisdictions, including the EU, Japan and Singapore.
FATFs Guideline regarding VDA regulation
- Minimum anti-money laundering standards: The FATF prescribes minimum Anti-money laundering standards that countries should employ to prevent the likelihood of misuse, and the FATF Guidelines prescribe the same for VDA transactions.
- Licensing and reporting of VDAs: The Guidelines are applicable to VDA service providers of member states like India. Key features of the FATF Guidelines include licence/registration requirements and extensive reporting and record-keeping obligations for VDA service providers.
- Travel rule obligations: One such obligation is the Travel Rule, which requires service providers to record the originator and beneficiary’s account details, transaction amount, and purpose of transaction for all wire transfers.
- Verifying identity above certain threshold: Customer due diligence obligations, which include verifying the customer and beneficiary’s identities should be conducted for all transactions exceeding $1,000.
- Obligation on service provider: The FATF Guidelines also require VDA service providers to perform enhanced due diligence obligations (such as corroborating the customer’s identity with a national database or potentially tracing the customer’s IP address to ensure there are no links to illicit activities) when a transaction is with a higher-risk country.
What are India’s current laws to regulate VDA?
- PMLA includes reporting obligation: India’s existing Anti-money laundering framework under the Prevention of Money Laundering Act, 2002 (PMLA) already applies these regulatory tools over traditional financial institutions. Notably, the PMLA also includes reporting obligations for overseas transactions that fall under the ambit of “suspicious transactions” under the framework.
- PMLA doesn’t apply to VDAs: Currently, the PMLA does not apply to the VDA industry.
- government can bring VDA under PMLA: The government has the power to notify any “designated business or profession” as a reporting entity under the PMLA and can issue a notification that classifies VDA service providers as a designated business.
Conclusion
- With the Digital Data Protection Bill and the Digital India Act already in the pipeline, Indians and digital businesses will soon have a coherent rights and responsibility framework to operate within. The time is ripe to extend regulatory oversight over the VDA industry so as to ensure that tech-innovation flourishes in a responsible, accountable manner.
Mains Question
Q. How virtual digital assets and terror financing are interlinked? What is the role of PMLA act in regulation of VDA in India?
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Tackling the menace of Terror Financing
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNSC, FATF
Mains level: Terror financing and Measures to tackle
Context
- The spectre of terrorist violence looms large over the world. With the technological advancement terrorists, criminals, weapons and funds are also able to move across national boundaries easily. India is increasingly playing a leading role in curbing the terror financing.
What is Terror Financing?
- Terrorist financing encompasses the means and methods used by terrorist organizations to finance their activities.
- This money can come from legitimate sources, for example from profits from businesses and charitable organizations.
- However, terrorist groups can also get their funds from illegal activities such as trafficking in weapons, drugs or people, or kidnapping for ransom.
- Nations like Pakistan has stated policy of supporting cross-border terrorism in India through global funding.
What are the channels of free flow of funds?
- The global flow of funds has three traditional channels:
- Direct smuggling of cash: First, direct smuggling of cash through international borders.
- Use of Hawala: Second, the use of hawala networks.
- Banking Networks: Third, banking networks including SWIFT and other international channels.
- Use of new technologies: But now swift technological developments in areas of blockchain or cryptocurrencies which transcend national boundaries and international currency systems have emerged as a new channel for financing terrorist and other illegal activities.
What are the identified sources of funds used by Terrorist organizations?
- Legal financial activities: Terrorist organizations raise money through several sources like travel agencies, money changers, real estate, retail outlets, NGOs, charitable trusts and even from state sponsors.
- Sourced form Criminal activities: Terrorists also derive funding from a variety of criminal activities ranging in scale and sophistication from low-level crime to organized fraud or narcotics smuggling or illegal activities in failed states and other safe havens.
- For instance: Declassified files seized during the raid on Osama bin Laden’s Abbottabad hideout also revealed terror financing related documents.
What steps could be taken to uproot terror financing methods?
- Identifying the funding requirements: The first step in identifying and forestalling the flow of funds to terrorists is to understand the funding requirements of modern terrorist groups.
- Understanding the ideology: The costs associated not only with conducting terrorist attacks, but also with developing and maintaining a terrorist organisation and its ideology are significant. Funds are required to promote a militant ideology, pay operatives and their families, arrange for their travel, train new members, forge documents, pay bribes, acquire weapons and stage attacks.
- Tracing the methods of fund flow: Terrorists use a wide variety of methods to move money within and between organisations, including the financial sector, physical movement of cash by couriers, and movement of goods through the trade system. Charities and alternative remittance systems have also been used to disguise terrorist movement of funds.
- Monitoring the ambiguous financial intelligence: Only accurate and well linked financial intelligence can reveal the structure of terrorist groups and also the activities of individual terrorists. Of late, such financial intelligence from the private sector has also given significant clues to foil terrorist acts.
How India is leading the battle against terror financing?
- India’s continues efforts: Prime Minister Narendra Modi has in all his international speeches spoken at length on this. India’s efforts in taking this momentum forward need to be appreciated.
- India actively providing platform for various assemblies: Recently, the 90th Interpol General Assembly held in New Delhi, followed by a special session of UN Security Council’s Counter Terrorism in late October. In the third week of November, India will host another global conference focussed only on Countering Financing of Terrorism (CFT).
- CTC adopted Delhi Declaration: The Counter-Terrorism Committee (CTC) unanimously adopted the Delhi Declaration on countering the use of new and emerging technologies for terrorist purposes. The declaration aims to cover the main concerns surrounding the abuse of drones, social media platforms, and crowdfunding, and create guidelines that will help to tackle the growing issue.
- India will host ‘No Money for Terror’ Conference: The Ministry of Home Affairs will organise the Third Ministerial ‘No Money for Terror’ Conference. where participants from 75 countries expected to attend the conference. The conference that was first held In Paris in 2018, followed by Melbourne in 2019.
What are the international efforts to tackle the menace of terror financing?
- Foundation of FATF: Financial Action Task Force (FATF) was formed in 1989 as a means of bringing order and implementing standards to the monetary system in the world with regard to terror finance and money laundering.
- Adopting the resolutions with time: It was the 2001 terrorist attacks that changed the way security agencies looked at terror financing. The UNSCR resolution 1267 in 1999 and UNSCR resolution 1373 in 2001 formed the bedrock of the financial sanctions’ regime for terrorist organisations and individuals.
- FATF’s Grey listing: One of the key reasons for Pakistan being placed on the FATF Grey List from 2018 to 2022 was its open defiance of those designations. Only after the FATF’s grey listing open terrorist activities stop and the terrorist infrastructure in Pakistan declined to some extent.
- UNSC sanctions and designations: It is pertinent to understand that the FATF has developed its entire paradigm around the word risk. It used the United Nations Security Council sanctions against terrorists and terrorist organizations to begin to evolve a complex body of documentation in order to assess technical compliance and effectiveness of countries in implementing those UN designations. Eight of the nine UN designated terrorists were arrested and convicted in a major testimony to the success of the UN sanctions regime.
Conclusion
- The UN Security Council has sought to increase efforts against terror financing. It is only through inclusive efforts that this complex issue can be addressed. India’s hosting of the “No money for terror” conference later this month should go a long way in focusing on the issue of state sponsored terror financing.
Mains Question
Q. With the technological advancement terrorists, criminals, weapons and funds are also able to move across national boundaries easily. Discuss what steps can be taken at national and international level to curb the menace of terror financing?
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
India to host ‘No Money for Terror’ Conference
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NMFT conference, FATF
Mains level: India's efforts to curb global terror financing
The Ministry of Home Affairs will be organising the Third Ministerial ‘No Money for Terror’ Conference next week where participants from around 75 countries are expected to attend.
‘No Money for Terror’ Conference
- The conference that was first held In Paris in 2018, followed by Melbourne in 2019.
- It will be held in Delhi after gap of two years due to the travel restrictions imposed due to the COVID-19 pandemic.
Objectives of the event
- India’s efforts: The event conveys India’s determination in its fight against terrorism as well as its support systems for achieving success against it.
- Global cooperation: It also intends to include discussions on technical, legal, regulatory and cooperation aspects of all facets of terrorism financing.
- Compliance mechanism: The involvement of a compliant State often exacerbates terrorism, especially its financing.
What is Terror Financing?
- Terrorist financing encompasses the means and methods used by terrorist organizations to finance their activities.
- This money can come from legitimate sources, for example from profits from businesses and charitable organizations.
- But terrorist groups can also get their financing from illegal activities such as trafficking in weapons, drugs or people, or kidnapping for ransom.
- Nations like Pakistan has stated policy of supporting cross-border terrorism in India through global fundings.
Why need consensus over terror-finance prevention?
- Globally, countries have been affected by terrorism and militancy for several years and the pattern of violence differs in most theatres.
- It is largely impacted by tumultuous geo-political environment, coupled with prolonged armed sectarian conflicts.
- Such conflicts often lead to poor governance, political instability, economic deprivation and large ungoverned spaces.
Other mechanisms to curb terror financing: FATF
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- It makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
What hinders the global consensus?
- No definition of terrorism: There is no universal agreement over what constitutes terrorism. This weakens efforts to formulate a concerted global response.
- Non-enforcement: Multilateral action suffers from inadequate compliance and enforcement of existing instruments.
- No global watchdog: Counter-terrorism regime lacks a central global body dedicated to terrorist prevention and response.
Way forward
- No country if safe if terrorism persists anywhere across the world.
- The world must resolve to make the international financial system entirely hostile to terrorist financing.
- Concerted efforts and a comprehensive approach should be adopted to counter terrorism under the UN auspices on a firm international legal basis.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Places in news: Sahel Region
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Sahel Region
Mains level: NA
French President Emmanuel Macron announced the end of the decade-long Operation Barkhane in Africa’s Sahel Region.
Note the nations falling in Sahel Region.
Sahel Region
- The Sahel is the ecoclimatic and biogeographic realm of transition in Africa between the Sahara to the north and the Sudanian savanna to the south.
- Having a semi-arid climate, it stretches across the south-central latitudes of Northern Africa between the Atlantic Ocean and the Red Sea.
- The name is derived from the Arabic term for “coast, shore”; this is explained as being used in a figurative sense in reference to the southern edge of the vast Sahara.
- The Sahel part includes from west to east parts of northern Senegal, southern Mauritania, central Mali, northern Burkina Faso, the extreme south of Algeria, Niger, the extreme north of Nigeria, the extreme north of Cameroon and the Central African Republic, central Chad, central and southern Sudan, the extreme north of South Sudan, Eritrea and the extreme north of Ethiopia.
What is Operation Barkhane?
- France began its military operations in Sahel in January 2013.
- Titled Operation Serval, it was limited to targeting Islamic extremists linked to al-Qaeda who took control of northern Mali.
- However, in 2014, the mission was scaled up, renamed Operation Barkhane and was aimed at counter-terrorism.
- The objective was to assist local armed forces to prevent the resurgence of non-state armed groups across the Sahel region.
- Around 4,500 French personnel were deployed with the local joint counter-terrorism force.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Challenges to International Cooperation on Counter-Terrorism
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bodies and forums associated with Counter terrorism
Mains level: Terrorism and challenges . International cooperation on counter terrorism, India's Role
Context
- India’s decision to host the special session of the United Nations Security Council’s Counter Terrorism Committee (UNSCCTC) last month held in Mumbai and New Delhi, it focused on new and emerging technologies is one of a number of events planned by the Government to give its counterterror diplomacy a greater push.
What is Counter-Terrorism Committee (CTC)?
- The CTC is a subsidiary body of the United Nations Security Council (UNSC).
- The 15-member CTC was established at the same time to monitor the implementation of the resolution.
- In the wake of the 11 September 2001 terrorist attacks in the US, the UNSC unanimously adopted resolution 1373. This among its provisions obliges all States
Read this Key important note: The Delhi Declaration on Terrorism
- On day 2 of the Special Meeting, the Counter-Terrorism Committee (CTC) unanimously adopted the Delhi Declaration on countering the use of new and emerging technologies for terrorist purposes.
- Among the listed items in the Declaration include the decision to continue to work on recommendations on the three themes of the Special meeting and the intention to develop a set of non-binding guiding principles to assist Member States to counter the threat posed by the use of new and emerging technologies for terrorist purposes.
- The declaration aims to cover the main concerns surrounding the abuse of drones, social media platforms, and crowdfunding, and create guidelines that will help to tackle the growing issue.
What are the challenges to build international Consensus on counter-terrorism?
- Narrow Global War on Terrorism (GWOT): The first challenge is that the “Global War on Terrorism” (GWOT), as it was conceived by a post 9/11 United States is over with the last chapter written last year, as the United States negotiated with the Taliban, and then withdrew from Afghanistan.
- Non-cooperation with India by USA and world: GWOT itself was built on an unequal campaign when India had asked for similar help to deal with the IC814 hijacking (December 1999) less than two years prior to the 9/11 attacks (with evidence now clear that those who the Atal Bihari Vajpayee government was forced to release were all terrorists who went on to help with planning, funding or providing safe havens to the al-Qaida leadership), its pleas fell on deaf ears in the U.S., the United Kingdom, the United Arab Emirates (UAE), and of course, Pakistan, all of whom were hit by the same terrorists in later years.
- USA and China Escorting the Pakistan: Even after GWOT was launched, Pakistan’s role as the U.S.’s ally, and China’s “iron friend” ensured that the UNSC designations of those who threatened India the most, including Masood Azhar and Hafiz Saeed, never mentioned their role in attacks in India.
- FATF is becoming toothless: The maximum India received in terms of global cooperation was actually from economic strictures that the Financial Action Task Force (FATF)’s grey list placed on Pakistan — Pakistan was cleared from this in October indicating that the global appetite to punish Pakistan for terrorism has petered out.
- Realpolitik over Global problem: In addition, the weak international reaction to the Taliban’s takeover of Kabul, and its persecution of women and minorities in the country, demonstrate rising fatigue levels in dealing with “another country’s problems”.
- Ineffective UNSC resolutions: The hard reality for India is that the future of counterterrorism cooperation is going to be less cooperative, and counterterror regimes such as the UNSC Resolutions 1267, 1373, etc. rendered outdated and toothless.
How polarized world pose a challenge for fight against terrorism and the questions raised?
- Distraction due to Russia-Ukraine war: War not only shifting the focus from terrorism but is also blurring the lines on what constitutes terrorism. The CTC meeting in Delhi, for example, was disrupted over Russia’s claims that the U.K. helped Ukraine launch drone attacks on Russia’s naval fleet in Sevastopol. The question remains: if drone attacks by Yemeni Houthis on the UAE and Saudi Arabia’s oil infrastructure were condemned as terrorist attacks, why was the line drawn for drone attacks on Russian ships in a port used for loading grain, or a bridge bombing that put so many civilian lives at risk?
- Likely recruitment of Afghan soldiers in Ukraine war: On the other hand, Russia squares up the possible recruitment of the former Afghan republic’s National Army Commando Corps into its war in Ukraine, Would not these commandos who once fought Taliban terrorists, now qualify as terrorists themselves?
- Divided UN security council: Away from the battle field, the polarisation has rendered the body tasked with global peace, paralysed, as the UNSC is unable to pass any meaningful resolutions that are not vetoed by Russia or western members, and China has been able to block as many as five terror designations requested by India and the U.S. Perhaps the biggest opportunity lost due to the UNSC’s other preoccupations has been the need to move forward on India’s proposal, of 1996, of the Comprehensive Convention on International Terrorism (CCIT).
- Convention on International Terrorism is not accepted: While each conference, including the CTC meeting in Delhi, makes passing the CCIT a goal, very little progress has been made on the actual issues such as the definition of terrorism, concerns over human rights law conflicts, and the old debate on ‘freedom fighter vs terrorist’. Despite several changes in the draft made by India in 2016, consensus for the convention is still elusive
What are New and emerging technology in terrorism?
- Drone attacks: Emerging technologies and the weaponization of a number of different mechanisms for terrorism purposes. Drones are already being used to deliver funds, drugs, weapons, ammunition and even improvised explosive devices.
- Possible bio-war: After the COVID19 pandemic, worries have grown about the use of biowarfare, and Gain of Function (GoF) research to mutate viruses and vectors which could be released into targeted populations.
- AI and robotic soldiers: In a future that is already here, the use of artificial intelligence (AI) systems and robotic soldiers makes it even easier to perpetrate mass attacks while maintaining anonymity.
- Cryptocurrency and terror Financing: Terror financing uses bitcoins and cryptocurrency, and terror communications use social media, the dark web and even gaming centres.
India’s opportunity to build global consensus
- India is on forefront since long: India has been at the forefront for a call of global action against terrorism which is increasingly becoming a global phenomenon.
- India will host No money for terror conference: New Delhi will host the third edition of the “No Money for Terror” (NMFT) conference that will look at tackling future modes of terror financing.
- Using Global Counter Terrorism Architecture: In December, when India takes over the United Nations Security Council Presidency for the last time before its two-year term in the Council ends, India will chair a special briefing on the “Global Counter Terrorism Architecture”, looking at the challenges ahead.
Conclusion
- With Taliban taking over Afghanistan, USA and west have practically withdrawn from global fight against terrorism. India’s efforts for global consensus on cross border terrorism is getting harder as world is polarizing. Fight against terrorism will be very arduous task for diplomacy of India.
Mains Question
There is no consensus on global definition of terrorism, discuss. How Indian diplomacy is trying to get global attention and consensus for fight against terrorism?
Click and Get your FREE copy of Current Affairs Micro notes
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
UAPA gave an impetus to fight against terror: PM
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Unlawful (Activities) Prevention Act (UAPA)
Mains level: Misuse of UAPA
The Prime Minister has said that Central laws such as the Unlawful Activities (Prevention) Act (UAPA) had given an impetus to the system in a decisive fight against terrorism.
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Reported abuse of UAPA
- The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
- It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
- The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
- This is far less to figure of the success of having UAPA.
Cases registered under UAPA
- During the check period, 5,924 cases were registered and 8,371 persons arrested.
- The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.
Other issues with UAPA
- Burden of proof: With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
- No interim bail: As a consequence of UAPA being applied, the accused cannot even get bail.
- Traitor branding: This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
- Fake and framed cases: In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.
Way forward
- Even within the constraints of the UAPA, much can be achieved if a responsive and independent judiciary follows the basic principles of natural justice and due process.
- The governments need to consider the issue of pendency of cases under UAPA and take steps to address the issues by either repealing certain provisions or ensuring speedy trials.
Conclusion
- Terrorism is no petty crime.
- It is sometimes necessary to infringe on due process of a few citizens in order to protect the larger humanity.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
FATF, Fighting the Terrorism or Just Another Diplomatic Arena
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: FATF, grey listing and blacklisting, Money laundering and terror financing
Context
- On October 21, the Financial Action Task Force (FATF), the global money laundering and terrorist financing watchdog, announced the removal of Pakistan from its Grey List. The announcement was expected.
What is FATF?
- Inter-governmental organization: The FATF, a 39-member inter-governmental organization with its headquarters in Paris, was set up in 1989 by the Group of Seven (G7) countries with the aim of setting global standards for countering the menace of money laundering.
- Terror financing included under FATF mandate: Following the terror attacks on September 11, 2001, the objective of countering the financing of terrorism was added to the FATF’s mandate. Later, its objectives were further expanded to counter the financing of proliferation of weapons of mass destruction.
How FATF functions?
- Three level mandate: The FATF seeks to fulfil its three-pronged mandate by drawing up a list of guidelines. Known as the FATF Recommendations or FATF Standards, these are meant to ensure a coordinated global response to prevent.
- organized crime,
- corruption and
- Terrorism
- Domestic plus international regulatory measures: They encompass a range of domestic legislative, regulatory and enforcement actions, as well as international cooperation measures, that states are expected to adopt and implement.
- Consensus based decision: The FATF and its associate, or regional, members such as the Asia Pacific Group on Money Laundering (APG) take their decisions on the basis of consensus. More than 200 countries and jurisdictions are committed to implementing the FATF’s recommendations.
What is grey listing and black listing?
- Monitoring the adherence to recommendations: The FATF monitors adherence to its recommendations by periodic evaluations of the anti-money laundering (AML), combating financing of terrorism (CFT) and proliferation financing (PF) regimes of member countries and jurisdictions which voluntarily submit to its monitoring.
- Strategic deficiencies by countries: Countries which exhibit strategic deficiencies in their AML/CFT/PF regimes are placed under a scheme of “increased monitoring” informally known as Grey Listing.
- Action plan to address the deficiencies: States placed under the Grey List are expected to swiftly put in place the requisite measures to address their deficiencies on the basis of Action Plans drawn up and evaluated through a process of consultation with the FATF.
- Serious strategic deficiency: States that exhibit serious strategic deficiencies in their AML/CFT/ PF regimes are placed under a Black List formally known as High-Risk Jurisdictions subject to a Call for Action.
- Serious economic consequences may follow: While Grey Listing amounts to a warning, Black Listing entails serious economic consequences by making it incumbent on governments, international lenders and commercial entities to conduct enhanced due diligence checks while transacting business with the designated countries and, in extreme cases, apply “counter-measures” against offenders.
Present status of listing by FATF?
- Grey listing: Following the removal of Pakistan, there are 23 countries on the FATF’s Grey List.
- Black listing: There are only three countries on the Black List, North Korea, Iran and Myanmar. These listing processes of the FATF are driven predominantly by the pulls and pressures of international power politics and not merely by technical parameters.
How Pakistan has been grilled by FATF for Terror financing?
- In 2008 Pakistan removed from listing: Pakistan has been placed in and removed from the Grey List in the past too. The first time was from February, 2008 to June, 2010, when it was removed from the list after it supposedly demonstrated progress in improving its AML/AFT regime.
- Mumbai terror attack and grey list: The terrorist attacks in Mumbai on November 26, 2008 took place while Pakistan was on the Grey List for the first time. The second time was from February, 2012 to February, 2015, by the end of which period it had supposedly made significant progress in improving its AML/CFT regime.
- Osama bin laden killing: The elimination of Osama bin Laden in the American raid on Abbottabad on May 2, 2011 took place after Pakistan’s exit from the Grey List for the first time and before its placement on the list for the second time.
- From 2018-2022: Pakistan was placed in the Grey List for the third time in June, 2018 and remained there till October, 2022. During this period, it was compelled to put in place several legislative, administrative and regulatory measures to improve its compliance with international AML/CFT standards.
- Action against individual and organisations: In recent years, there has been increasing realisation among FATF members that it is the effectiveness of action taken against individuals and entities of concern rather than pro-forma technical compliance” that should form the basis of judging the extent of adherence to FATF standards.
- Conviction of hafiz Saeed: It is this more realistic approach coupled with the implicit threat of being moved from the Grey List to the Black List that finally compelled Pakistan to prosecute, convict, fine and jail, on terrorism financing charges, Lashkar-e-Tayyaba (LeT) Amir, Hafiz Muhammad Saeed, LeT’s chief operational commander, Zakiur Rehman Lakhvi and Sajid Majeed aka Sajid Mir, “operational manager” of the 26/11 Mumbai attacks, after having pronounced him missing and dead.
- Jaish-e-Mohammed: A disingenuous attempt by Pakistan to persuade a visiting FATF verification team in August-September 2022 that Jaish-e-Mohammed (JeM) Amir, Maulana Masood Azhar, had escaped to Afghanistan was strongly countered by a spokesman of the Afghan Taliban.
How Pakistan manages pressure form FATF?
- with the support of USA: It is well known that much of the diplomatic heavy lifting to place Pakistan in the Grey List in June 2018 and keep it on the list for an extended period of time was done by the US. There had been a feeling among those following developments at the FATF that American pressure on Pakistan would continue till such time as the US needed Pakistan to bring the Afghan Taliban to the negotiating table and once the US withdrawal from Afghanistan was completed, the pressure on Pakistan would ease. Subsequent developments have validated this assessment.
- Help of China and turkey: Although the threat of being moved from the Grey List to the Blacklist remained hanging over Pakistan’s head, this was never a realistic possibility, considering the likely opposition to any such move by Pakistan’s staunch friends in the FATF, such as China, Malaysia, Turkey and Saudi Arabia
Conclusion
- India will have to continue mustering all available instruments and options to deny Pakistan operating space to wield the jihadi weapon, till such time as there is convincing evidence of a consensus among the generals in Rawalpindi that the weapon has outlived its utility and needs to be renounced once and for all.
Mains Question
How FATF is useful international forum for fight against terrorism? How was Pakistan forced by FATF to take actions against mastermind of 26/11 attack?
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Pakistan is out of FATF ‘Grey List’ on terror funding
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Terror financing and money laundering
Global terror-financing watchdog FATF has announced Pakistan‘s removal from its grey list, saying the country has largely completed its action plans on anti-money laundering and financing of terrorism.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
India’s say in FATF
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership.
- On June 25, 2010, India was taken in as the 34th country member of FATF.
EAG of FATF
- The EAG is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.
- It is an associate member of the FATF.
What is the role of FATF?
- The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase the acceptance of anti-money laundering regulations across the globe.
- Because money launderers and others alter their techniques to avoid apprehension, the FATF updates its recommendations every few years.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
How had it impacted Pakistan economically?
- A country on the ‘grey list’ is not subject to sanctions.
- However, the ‘grey list’ signals to the international banking system that there could be enhanced transaction risks from doing business with the said country.
- In 2018, the Economist noted that there had been no direct economic implications when Pakistan was on the grey list from 2012 to 2015.
- Instead, Pakistan managed to obtain a $6 billion bailout package from IMF in 2013 and raise additional funding in global debt markets in 2015.
Pakistan claimed the politicization of FATF. Is that true?
- In the run-up to the February 2018 decision, the US had weaned Saudi Arabia away, leaving only China and Turkey supporting Pakistan.
- China eventually withdrew its objection.
- A few days later, India publicly congratulated China for its election as vice president of FATF, lending credence to the speculation that a deal had been reached behind closed doors.
How Pakistan managed to get out of the ‘inglorious’ list?
- Removal from the list mark the culmination of a four-year reform process that has required far-reaching changes to Pakistan’s financial system.
- It appears that, Pakistan has performed well in particular to laws governing money laundering and terrorism financing.
- Pakistan was given an action plan by FATF in 2018 to address strategic counter-terrorist financing-related deficiencies.
Conclusion
- This is not the first time for Pakistan to exit Grey List. It has been swinging on its position on terror financing.
- Pakistan first figured in a FATF statement after the plenary of February 2008.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Home Ministry designates 10 individuals as Terrorists
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: Terror designation in India
A total of 10 members of Hizbul Mujahideen (HM), Lashkar-e-Taiba (LeT) and other proscribed outfits have been designated as terrorists by the Union Ministry of Home Affairs (MHA) under the Unlawful Activities (Prevention) Act (UAPA).
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Designation of Terrorists
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
- Section 15 of the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
Who makes such designation?
- The UAPA (after 2019 amendment)seeks to empower the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- A similar provision already exists in Part 4 and 6 of the legislation for organizations that can be designated as a “terrorist organisations”.
How individuals are declared terrorists?
- The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill.
- The government is not required to give an individual an opportunity to be heard before such a designation.
- At present, in line with the legal presumption of an individual being innocent until proven guilty, an individual who is convicted in a terror case is legally referred to as a terrorist.
- While those suspected of being involved in terrorist activities are referred to as terror accused.
What happens when an individual is declared a terrorist?
- The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
- The UAPA, however, does not provide any such detail.
- It also does not require the filing of cases or arresting individuals while designating them as terrorists.
Removing the terrorist tag
- The UAPA gives the central government the power to remove a name from the schedule when an individual makes an application.
- The procedure for such an application and the process of decision-making will is decided by the central government.
- If an application filed by an individual declared a terrorist is rejected by the government, the UAPA gives him the right to seek a review within one month after the application is rejected.
- The central government will set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members.
- The review committee is empowered to order the government to delete the name of the individual from the schedule that lists “terrorists”, if it considers the order to be flawed.
- Apart from these two avenues, the individual can also move the courts to challenge the government’s order.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Report on Abuse of UAPA
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: Read the attached story
The People’s Union for Civil Liberties (PUCL) has released a report titled “UAPA: criminalizing dissent and state terror” on the alleged abuse of the legislation between 2009 and 2022, and demanded that the law be repealed.
What is Unlawful (Activities) Prevention Act (UAPA)?
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organisation as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organisation as a terrorist organisation, if it believes that the organisation is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Reported abuse of UAPA
- The PUCL report studied data from the National Crime Records Bureau (NCRB) from 2015 to 2020.
- It has found per-case conviction rate under the UAPA was 27.57% compared with 49.67% in Indian Penal Code (IPC) cases.
- The per-arrestee conviction rate was just 2.8% against 22.19% in IPC cases.
- This is far less to figure of the success of having UAPA.
Cases registered under UAPA
- During the check period, 5,924 cases were registered and 8,371 persons arrested.
- The National Investigation Agency, on its website, had listed 456 cases of which 78% involved UAPA charges.
Issues with UAPA
- Burden of proof: With such high barriers of proof, it is now impossible for an accused to obtain bail, and is in fact a convenient tool to put a person behind bars indefinitely.
- No interim bail: As a consequence of UAPA being applied, the accused cannot even get bail.
- Traitor branding: This is being abused by the government, police and prosecution liberally: now, all dissenters are routinely implicated under charges of sedition or criminal conspiracy and under the UAPA.
- Fake and framed cases: In multiple instances, evidence is untenable, sometimes even arguably planted, and generally weak overall.
Key recommendations of the report
- The report has sought:
- Repeal of the NIA Act and disbanding of the agency
- Release of all political prisoners (also who are on bail) and
- Action to provide reparations for those wrongfully accused and released by Courts
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
MHA bans PFI for five years under UAPA
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: Terror financing and money laundering
The Union Home Ministry has declared the Popular Front of India (PFI) and its front organizations as an “unlawful association” under the Unlawful Activities (Prevention) Act (UAPA).
PFI under the Unlawful (Activities) Prevention Act (UAPA)
- The UAPA is aimed at the effective prevention of unlawful activity associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
What are Unlawful Activities and Associations?
- The UAPA lays down the definitions and rules for designating an organization as an “unlawful association” if it is engaged in certain types of activities.
- Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
- The government can then issue a notification designating such an organization as a terrorist organization if it believes that the organization is part of “terrorist activities.”
(1) Unlawful Activites
- Under section 2(o) of the UAPA, an unlawful activity in relation to an individual or association means – Any action taken by such an individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise), –
- Works for the Cession of a part of the territory of India or the secession of a part of the territory of India from the Union
- Disclaims, questions, disrupts or is intended to Disrupt the sovereignty and territorial integrity of India; or
- which causes or is intended to cause Disaffection against India;
- Related and ancillary acts, including financing, support or promotion of any such activities are also “unlawful activity”.
(2) Unlawful Association
The UAPA also defines an “Unlawful Association” under section 2(p) as meaning any association,–
- which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity or
- which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity
Reading the ban on PFI
- At present, the MHA notification published has said that the PFI and its affiliated organisations are being notified as “Unlawful Associations” with immediate effect.
- The charges against PFI are-
- Pursuing a secret agenda to radicalize a particular section of society
- Working towards undermining the concept of democracy and
- Showing sheer disrespect towards the constitutional authority and constitutional set up of the country
- Gathering funds and ideological support from outside the country
- Money laundering
Immediate trigger for PFI’s ban
- The PFI is accused of engaging in violent and barbaric acts.
- Criminal violent acts carried out by PFI include chopping off the limb of a college professor, cold-blooded killings of persons associated with organisations espousing other faiths.
- It has been allegedly involved in obtaining explosives to target prominent people and places and destruction of public property.
What does the ‘ban’ mean?
- The notification means that the membership of, support or financing to the PFI and the allied banned organizations, is now ILLEGAL.
- Any person who is a member of these organisations can face arrest, and joining membership of these organisations is a criminal offence.
- The government can also seize the properties, bank accounts and offices connected to these organisations.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Nationwide Crackdown on PFI
Note4Students
From UPSC perspective, the following things are important :
Prelims level: PFI
Mains level: Terrorism and radicalization in India
The National Investigation Agency (NIA) has launched a massive nationwide search operation in connection with anti-terror activities linked to the Popular Front of India-PFI.
What is the Popular Front of India (PFI)?
- The PFI was created in 2007 through the merger of three radicalists organisations in southern India, the National Democratic Front in Kerala, the Karnataka Forum for Dignity, and the Manitha Neethi Pasarai in Tamil Nadu.
- A decision to bring the three outfits together was taken in November 2006 at a meeting in Kozhikode in Kerala.
- The formation of the PFI was formally announced at a rally in Bengaluru during what was called the “Empower India Conference” on February 16, 2007.
Agenda of the PFI
- The PFI has projected itself as an organisation that fights for the rights of minorities, Dalits, and marginalised communities.
- It has frequently targeted the alleged anti-people policies of the State even as these mainstream parties have accused one another of being in cahoots with the PFI to gather the support of Muslims at the time of elections.
- The PFI has itself never contested elections.
Parallel organizations to PFI
- In 2009, a political outfit named Social Democratic Party of India (SDPI) evolved out of the PFI, with the aim of taking up the political issues of Muslims, Dalits, and other marginalised communities.
- The SDPI’s stated goal is advancement and uniform development of all the citizenry including Muslims, Dalits, Backward Classes and Adivasis and to share power fairly among all the citizens.
- The PFI is a key provider of ground workers for the SDPI’s political activities.
Why is PFI under crackdown?
(1) Links to terror outfits
- Many volunteers of PFI are allegedly involved in terror funding, organising training camps, and radicalising people to join proscribed organisations.
- It has been involved in carrying out social and Islamic religious work among Muslims on the lines of the work done by right-wing groups.
- The PFI does not maintain records of its members, and it has been difficult for law enforcement agencies to pin crimes on the organisation after making arrests.
(2) Promoting Radicalization
- The outfit is hostile to the consolidation across the country and the rise of a single non-secular party as the nation’s pre-eminent political and ideological force.
- The post-2014 political landscape and the self-alienation of minorities has further pushed sections of the community towards groups like the PFI.
- The outfit is also said to have a large number of supporters in Gulf countries who contribute handsomely to its kitty, something which is under the scanner of investigating agencies.
(3) Hostility against state mechanism
- Starting out as an organisation primarily rooted in Kerala, Karnataka and Tamil Nadu, the PFI has spread its wings far and wide, with a presence in at least 18 states.
- It has found particularly fertile ground in parts of Uttar Pradesh and Assam.
- Authorities have accused the outfit of instigating and funding protests against the CAA and the National Register of Citizens.
(4) Barbarism in the name of religion
- The PFI has had the most visible presence in Kerala, where it has been repeatedly accused of murder, rioting, intimidation, and having links with terrorist organisations.
- The Kerala government affidavit said PFI activists were involved in 27 cases of MURDER, mostly of CPM and RSS cadres, and that the motives were highly communal.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Left wing extremism
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Maoism, Leninism and Marxism
Mains level: LWE in India
The Maoist movement is on the ebb on the Andhra Pradesh-Odisha boundary, with its cadre and militia strength heavily depleted.
Who are the Maoists?
- Maoism is a form of communism developed by Mao Zedong.
- It is a doctrine to capture State power through a combination of armed insurgency, mass mobilization and strategic alliances.
- The Maoists also use propaganda and disinformation against State institutions as other components of their insurgency doctrine.
Maoists and Maoism in India
- The Communist Party of India (Maoist) is a Marxist–Leninist–Maoist banned communist political party and militant organization in India.
- It aims to overthrow the “semi-colonial and semi-feudal Indian state” through people’s war.
Confused between Maoists and Naxalities?
- Usually, people confuse themselves over Maoists and Naxalities and cannot exactly trace the difference between the two terminologies.
- Media seems to be confused with the terms and uses Maoists and Naxalities quite inter-changeably.
- This creates confusion in the readers’ minds over the actual meaning of individual terms.
The actual difference between the terms is as follows:
- The difference between Maoists struggle and the Naxalite movement is that both trace their origin to the Naxalbari uprising of 1967.
- But while the Naxalite movement thrives on the original spirit of Naxalbari; the Maoist struggle is an outcome of the 1967 uprising.
- Maoists work with an agenda and use weapons to achieve their aims.
- Naxalism focuses on mass organisations while the Maoism relies mainly on arms.
History and evolution
- Russian Revolution: Naxalism in India, like any other leftist movement around the globe draws its ideological basis from the Russian revolution.
- Overthrowing Tsarist Regime: Lenin successfully fought against the Czarist Rule through a combination of peasant movement and an armed struggle.
- Marxian ideology of class struggle: The prime intent was to bestow power in the hands of the exploited and marginalized and enforce societal control over governance and nation building.
- Neo-Marxism: After the success of the Lenin-led revolution in Russia, the intellectual class in many countries got inspired. Prominent amongst them were Fidel Castro and Mao Zedong.
Root cause of origin in India
- Corporate exploitation: Since Eastern India is rich in natural resources including forests, minerals and mines, tribal face exploitation and harassment from government and corporate bodies targeting to extract those resources.
- Tribal alienation: Tribal communities have been systematically alienated from their traditional rights over natural resources after independence.
- Livelihood losses: Tribal livelihood is at stake due to depletion of natural resource base.
- Forceful displacement: Forceful displacement from their homeland destroys their traditional governance system.
- Absence of governance: In such exploited areas, the absence of governance becomes a self-fulfilling prophecy since the delivery systems are extinguished through killings and intimidation.
- Foreign provocations: Many of LWE outfits are supported by external forces inimical to India and the Maoists consider such alliances as strategic assets.
Other factors:
- Oppression and HR violations by Security Forces e.g. AFSPA
- Violation of Constitutional Protections under PESA and FRA
- Prevalence of Acute Poverty
Impact of LWE
- Romanticism without a cause: Some sections of the society, especially the younger generation, have romantic illusions about the Maoists, arising out of an incomplete understanding of their ideology of Class –Struggle.
- Extreme violence: Their doctrine glorifies violence as the primary means to overwhelm the existing socio-economic and political structures.
- Destruction of governance mechanism: LWEs aims at creating a vacuum at the grassroots level of the existing governance structures by killing lower-level government officials, police personnel of the local police stations and the people’s representatives of the PRIs.
- Radicalization of youths: After creating a political and governance vacuum, they coerce the local population to join the movement.
- Urban-Maoism: Many extremists have facilitated mass-mobilization in semi-urban and urban areas through ostensibly democratic means often led by well-educated intellectuals.
Outcomes of perpetrating LWE
The Leftist organizations skilfully use state structures and legal processes to further the Maoist agenda and weaken the enforcement regime through:
- Recruitment of ‘professional revolutionaries’
- Raising funds for the insurgency
- Creating urban shelters for underground cadres
- Providing legal assistance to arrested cadres and
- Mass- mobilization by agitating over issues of relevance/ convenience
Govt initiatives for LWE-affected areas
- Aspirational Districts: The MHA has been tasked with the monitoring of the Aspirational districts programme in 35 LWE affected districts.
- HRD measures: Building of schools under the Eklavya model.
- Road Connectivity Project for LWE affected areas (RRP-II): This aims for improving road connectivity in LWE affected States. Under this, 9279 km of roads and 392 bridges are sanctioned.
- Naxal Surrender Policy: It aims to wean away misguided youth and hardcore naxalites who have strayed into the fold of the naxal movement and cannot find a way back.
- National Policy Action Plan: To address Left Wing Extremism approved in 2015, has development as one of the most important component.
SAMADHAN doctrine: It encompasses the entire strategy of government from short-term policy to long-term policy formulated at different levels. SAMADHAN stands for-
- S- Smart Leadership
- A- Aggressive Strategy
- M- Motivation and Training
- A- Actionable Intelligence
- D- Dashboard Based KPIs (Key Performance Indicators) and KRAs (Key Result Areas)
- H- Harnessing Technology
- A- Action plan for each Theatre
- N- No access to Financing
Way forward
- Indian counterinsurgency has to work with a dual objective of defeating the insurgents militarily and fully quell the insurgent impulses.
- This will need institutional overhauls.
- States must do more to synergize their efforts by launching coordinated operations, thereby denying Maoists any space for manoeuvrability.
- On parallel grounds, it is also important to segregate the population from the insurgents both operationally and ideologically.
- The conflict over the distribution of resources can be mended with economic development.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
China blocks listing of Lashkar ‘commander’ Sajid Mir at UNSC
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNSC 1267
Mains level: China's support for Pak sponsored terrorism
For the third time in three months, China blocked a joint India-US attempt to put a Pakistan-based terrorist on the UN Security Council’s 1267 list.
What is the UNSC 1267 list?
- The UNSC resolution 1267 was adopted unanimously on 15 October 1999.
- It came to force in 1999, and strengthened after the September, 2001 attacks.
- It is now known as the Da’esh and Al Qaeda Sanctions Committee.
What is UNSC 1267 committee?
- It comprises all permanent and non-permanent members of the United Nations Security Council (UNSC).
- The 1267 list of terrorists is a global list, with a UNSC stamp.
- It is one of the most important and active UN subsidiary bodies working on efforts to combat terrorism, particularly in relation to Al Qaeda and the Islamic State group.
- It discusses UN efforts to limit the movement of terrorists, especially those related to travel bans, the freezing of assets and arms embargoes for terrorism.
How is the listing done?
(1) Submission of Proposal
- Any member state can submit a proposal for listing an individual, group, or entity.
- The proposal must include acts or activities indicating the proposed individual/group/entity had participated in the financing, planning, facilitating, preparing, or perpetrating of acts or activities linked to the said organizations.
(2) Actual decision
- Decisions on listing and de-listing are adopted by consensus.
- The proposal is sent to all the members, and if no member objects within five working days, the proposal is adopted.
- An “objection” means rejection for the proposal.
(3) Putting and resolving ‘Technical Holds’
- Any member of the Committee may also put a “technical hold” on the proposal and ask for more information from the proposing member state.
- During this time, other members may also place their own holds.
- The matter remains on the “pending” list of the Committee.
- Pending issues must be resolved in six months, but the member state that has placed the hold may ask for an additional three months.
- At the end of this period, if an objection is not placed, the matter is considered approved.
Why is India furious this time?
- Recently PM Modi and Xi Jinping attended the Shanghai Cooperation Organisation (SCO) summit in Samarkand.
- The grouping had agreed to take strong and consolidated action against terrorism in the region.
- Despite this, China has exposed its double standards on the issue of terrorism for consistently stopping the listing of Pakistan-based terrorists.
- This is again very surprising movement by China by putting a ‘Technical Hold’.
Here is a timeline of how China disrupts the global efforts against terrorism:
- 2009: After the 26/11 Mumbai attacks, India moved an independent terror designation proposal against Masood Azhar but China blocked the move.
- 2016: After seven years, India proposes listing of Masood Azhar as a global terrorist and is supported by the US, the UK and France. China blocks the move again.
- 2017: The trio moves a third proposal only to be blocked by China again.
- 2019: After the attacks on the CRPF personnel in J-K’s Pulwama, India calls 25 envoys of different countries to highlight the role Islamabad plays in funding, promoting and strengthening global terrorism. India moves the fourth proposal demanding Masood Azhar’s listing. China lifted its technical hold.
- June 2022: China blocked a proposal by India and the US to list Pakistan-based terrorist Abdul Rehman Makki as a ‘Global Terrorist’
- August 2022: China blocks India-US joint proposal to list Jaish-e-Mohammad (JeM) deputy chief Abdul Rauf Azhar as UNSC designated terrorist.
Conclusion
- China’s actions expose its double speak and double standards when it comes to the international community’s shared battle against terrorism.
- This clearly depicts its care for its vassal state Pakistan.
Back2Basics: United Nations Security Council
- The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
- Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
- It is the only UN body with the authority to issue binding resolutions to member states.
- The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
- These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
- The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
UNSC
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UN-CTC
Mains level: Counter-terrorism initiatives by the UN
In a first, India will host diplomats and officials from all 15 countries of the United Nations Security Council (UNSC), including China, Russia and the US, for a special meeting on terrorism, in Delhi and Mumbai in October.
Key determinants of the meet
The special meeting will specifically focus on three significant areas:
- Internet and social media
- Terrorism financing
- Unmanned aerial systems
What is Counter-Terrorism Committee (CTC)?
- The CTC is a subsidiary body of the United Nations Security Council (UNSC).
- The 15-member CTC was established at the same time to monitor the implementation of the resolution.
- In the wake of the 11 September 2001 terrorist attacks in the US, the UNSC unanimously adopted resolution 1373.
- This among its provisions obliges all States
- To criminalize assistance for terrorist activities,
- Deny financial support and safe haven to terrorists and
- Share information about groups planning terrorist attacks
Its executive body
- Seeking to revitalize the Committee’s work, in 2004 the Security Council adopted Resolution 1535.
- It created the Counter-Terrorism Committee Executive Directorate (CTED) to provide the CTC with expert advice on all areas covered by resolution 1373.
- It was established also with the aim of facilitating technical assistance to countries, as well as promoting closer cooperation and coordination both within the UN.
Its working
- While the CTC is not a direct capacity provider it does act as a broker between those states or groups that have the relevant capacities and those in the need of assistance.
- While the ultimate aim of the Committee is to increase the ability of States to fight terrorism, it is not a sanctions body nor does it maintain a list of terrorist groups or individuals.
Significance of the event
- India has been pushing for the UN members to adopt a Comprehensive Convention on International Terrorism (first proposed in 1996), which is likely to be raised during the meeting.
- The event will showcase India’s role as a victim of terrorism as well as a country at the forefront of global counter-terrorism efforts.
- CTC meeting in India could also pave the way for a possible visit to New York by PM Narendra Modi in December, when India will be the President of the UNSC for the entire month.
Way ahead: Hitting the nerve
- While terror financing was now recognised by FATF, it was necessary to build templates and “codes of conduct” for newer threats.
- Today terror financing now includes financing through cryptocurrency and the use of drones for terror attacks.
UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Functioning of the National Investigation Agency (NIA)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: National Investigation Agency (NIA)
Mains level: Terrorism and radicalization in India
The National Investigation Agency (NIA) has taken over the probe into the terrible beheading of a person in Udaipur by Jihadi radicalists.
What is the NIA?
- Headquartered in Delhi, the NIA has its branches in Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur, Jammu, Chandigarh, Ranchi, Chennai, Imphal, Bengaluru and Patna.
- It is a central agency mandated to investigate all the offences affecting:
- Sovereignty, security and integrity of India
- Friendly relations with foreign states
- Offences under the statutory laws enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations
- The offense include terror acts and their possible links with crimes like smuggling of arms, drugs and fake Indian currency and infiltration from across the borders.
- The agency has the power to search, seize, arrest and prosecute those involved in such offences.
When did the NIA come into being?
- In the wake of the 26/11 Mumbai terror attack in November 2008, which shocked the entire world, the then United Progressive Alliance government decided to establish the NIA.
- In December 2008, former Union Home Minister P. Chidambaram introduced the National Investigation Agency Bill.
- The agency would deal with only eight laws mentioned in the schedule and that a balance had been struck between the right of the State and duties of the Central government to investigate the more important cases.
- The agency came into existence on December 31, 2008, and started its functioning in 2009.
- Till date, the NIA has registered 447 cases.
What are the scheduled offences?
The list includes the
- Explosive Substances Act,
- Atomic Energy Act,
- Unlawful Activities (Prevention) Act,
- Anti-Hijacking Act,
- Suppression of Unlawful Acts against Safety of Civil Aviation Act,
- SAARC Convention (Suppression of Terrorism) Act,
- Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act,
- Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act and
- Relevant offences under the Indian Penal Code, Arms Act and
- Information Technology Act
- In September 2020, the Centre empowered the NIA to also probe offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases.
How wide is NIA’s jurisdiction?
- The law under which the agency operates extends to the whole of India.
- It also applies to:
- Indian citizens outside the country;
- Persons in the service of the government wherever they are posted;
- Persons on ships and aircraft registered in India wherever they may be;
- Persons who commit a scheduled offence beyond India against the Indian citizen or affecting the interest of India.
How does the NIA take up a probe?
- As provided under Section 6 of the Act, State governments can refer the cases pertaining to the scheduled offences registered at any police station to the Central government (Union Home Ministry) for NIA investigation.
- After assessing the details made available, the Centre can then direct the agency to take over the case.
- State governments are required to extend all assistance to the NIA.
- Even when the Central government is of the opinion that a scheduled offence has been committed which is required to be investigated under the Act, it may, suo motu, direct the agency to take up/over the probe.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
UAPA necessary to act against terrorists: Minister
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: Terrorism and radicalization in India
A Union Minister has said it was necessary to have certain laws like the Unlawful Activities Prevention Act (UAPA) so that action could be taken against terrorists and those who “behead other people”.
Unlawful (Activities) Prevention Act (UAPA)
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Major feature: Designation of Terrorists
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
- Section 15 of the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
Who makes such designation?
- The UAPA (after 2019 amendment)seeks to empower the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- A similar provision already exists in Part 4 and 6 of the legislation for organizations that can be designated as a “terrorist organisations”.
How individuals are declared terrorists?
- The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill.
- The government is not required to give an individual an opportunity to be heard before such a designation.
- At present, in line with the legal presumption of an individual being innocent until proven guilty, an individual who is convicted in a terror case is legally referred to as a terrorist.
- While those suspected of being involved in terrorist activities are referred to as terror accused.
What happens when an individual is declared a terrorist?
- The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
- The UAPA, however, does not provide any such detail.
- It also does not require the filing of cases or arresting individuals while designating them as terrorists.
Removing the terrorist tag
- The UAPA gives the central government the power to remove a name from the schedule when an individual makes an application.
- The procedure for such an application and the process of decision-making will is decided by the central government.
- If an application filed by an individual declared a terrorist is rejected by the government, the UAPA gives him the right to seek a review within one month after the application is rejected.
- The central government will set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members.
- The review committee is empowered to order the government to delete the name of the individual from the schedule that lists “terrorists” if it considers the order to be flawed.
- Apart from these two avenues, the individual can also move the courts to challenge the government’s order.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Pak. may get off FATF ‘grey list’ after on-site check
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Terror financing and money laundering
Pakistan got a reprieve from the Financial Action Task Force (FATF) as it announced that the country could be removed from the “grey list” after a visit by a fact-finding team.
What is the news?
- FATF noted Pakistan’s constructive claims of actions to curb terror funding.
- It would formally be taken off the “grey list” in October.
- China is working relentlessly to get Pakistan off FATF ‘grey list’.
India’s stance
- New Delhi has been sceptical of Pakistan’s commitment to completely end terror safe havens in the country.
- Infiltration in J&K continues and small arms and IEDs are being habitually pushed across the LoC.
What is the FATF?
- The FATF is an international watchdog for financial crimes such as money laundering and terror financing.
- It was established at the G7 Summit of 1989 in Paris to address loopholes in the global financial system after member countries raised concerns about growing money laundering activities.
- In the aftermath of the 9/11 terror attack on the US, FATF also added terror financing as a main focus area.
- This was later broadened to include restricting the funding of weapons of mass destruction.
- The FATF currently has 39 members.
Working of FATF
- The decision-making body of the FATF, known as its plenary, meets thrice a year.
- Its meetings are attended by 206 countries of the global network.
- It includes members, and observer organisations, such as the World Bank, some offices of the UN, and regional development banks.
Functions of FATF
- The FATF sets standards or recommendations for countries to achieve in order to plug the holes in their financial systems and make them less vulnerable to illegal financial activities.
- It conducts regular peer-reviewed evaluations called Mutual Evaluations (ME) of countries to check their performance on standards prescribed by it.
- The reviews are carried out by FATF and FATF-Style Regional Bodies (FSRBs), which then release Mutual Evaluation Reports (MERs).
- For the countries that don’t perform well on certain standards, time-bound action plans are drawn up.
- Recommendations for countries range from assessing risks of crimes to setting up legislative, investigative and judicial mechanisms to pursue cases of money laundering and terror funding.
What are the Black List and the Grey List?
- The words ‘grey’ and ‘black’ list do not exist in the official FATF lexicon.
- They however designate countries that need to work on complying with FATF directives and those who are non-compliant.
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being:
(1) In the grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
(2) In the black list:
- High-risk jurisdictions subject to call for action
- Countries have considerable deficiencies in their AML/CFT (anti-money laundering and counter terrorist financing) regimens
- Enhanced due diligence
- Members are told to apply counter-measures such as sanctions on the listed countries
Note: Currently, North Korea and Iran are on the black list.
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
Why is Pakistan on the grey list?
- Pakistan has found itself on the grey list frequently since 2008, for weaknesses in fighting terror financing and money laundering.
- It never addressed concerns on the front of terror financing investigations and prosecutions targeting senior leaders and commanders of UN-designated terrorist groups.
- However, now steps had been taken in this direction such as the sentencing of terror outfit chief Hafiz Saeed, prosecution of Masood Azhar and seizure of their properties.
- India meanwhile, a member of FATF, suspects the efficacy and permanence of Pakistani actions.
How FATF impacts Pakistan?
- The FATF grey list made it more difficult for Pakistan to get financial aid from the International Monetary Fund (IMF), World Bank, Asian Development Bank (ADB) and the European Union (EU).
- This will further create an economic crisis for Pakistan which is already struggling to control its financial position.
- Bearing the cost of global politics the impact of FATF grey-listing on Pakistan’s economy has claimed that FATF’s decision has led to a loss of USD 38 billion for Pakistan so far.
Steps taken by Pakistan
- Pakistan is currently banking on its potential exclusion from the grey list to help improve the status of tough negotiations with the International Monetary Fund to get bailout money.
- Pakistan is now making a high-level political commitment to the FATF and APG to address its strategic AML/CFT deficiencies.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
FATF and Pakistan’s position on its ‘Grey List’
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Terror financing and money laundering
Pakistan which continues to face an economic crunch from the Financial Action Task Force (FATF), is hoping for some respite in the form of its removal from the FATF’s ‘grey list’.
What is the FATF?
- The FATF is an international watchdog for financial crimes such as money laundering and terror financing.
- It was established at the G7 Summit of 1989 in Paris to address loopholes in the global financial system after member countries raised concerns about growing money laundering activities.
- In the aftermath of the 9/11 terror attack on the US, FATF also added terror financing as a main focus area.
- This was later broadened to include restricting the funding of weapons of mass destruction.
- The FATF currently has 39 members.
Working of FATF
- The decision-making body of the FATF, known as its plenary, meets thrice a year.
- Its meetings are attended by 206 countries of the global network.
- It includes members, and observer organisations, such as the World Bank, some offices of the UN, and regional development banks.
Functions of FATF
- The FATF sets standards or recommendations for countries to achieve in order to plug the holes in their financial systems and make them less vulnerable to illegal financial activities.
- It conducts regular peer-reviewed evaluations called Mutual Evaluations (ME) of countries to check their performance on standards prescribed by it.
- The reviews are carried out by FATF and FATF-Style Regional Bodies (FSRBs), which then release Mutual Evaluation Reports (MERs).
- For the countries that don’t perform well on certain standards, time-bound action plans are drawn up.
- Recommendations for countries range from assessing risks of crimes to setting up legislative, investigative and judicial mechanisms to pursue cases of money laundering and terror funding.
What are the Black List and the Grey List?
- The words ‘grey’ and ‘black’ list do not exist in the official FATF lexicon.
- They however designate countries that need to work on complying with FATF directives and those who are non-compliant.
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being:
(1) In the grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
(2) In the black list:
- High-risk jurisdictions subject to call for action
- Countries have considerable deficiencies in their AML/CFT (anti-money laundering and counter terrorist financing) regimens
- Enhanced due diligence
- Members are told to apply counter-measures such as sanctions on the listed countries
Note: Currently, North Korea and Iran are on the black list.
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
Why is Pakistan on the grey list?
- Pakistan has found itself on the grey list frequently since 2008, for weaknesses in fighting terror financing and money laundering.
- It never addressed concerns on the front of terror financing investigations and prosecutions targeting senior leaders and commanders of UN-designated terrorist groups.
- However, now steps had been taken in this direction such as the sentencing of terror outfit chief Hafiz Saeed, prosecution of Masood Azhar and seizure of their properties.
- India meanwhile, a member of FATF, suspects the efficacy and permanence of Pakistani actions.
Steps taken by Pakistan
- Pakistan is currently banking on its potential exclusion from the grey list to help improve the status of tough negotiations with the International Monetary Fund to get bailout money.
- Pakistan is now making a high-level political commitment to the FATF and APG to address its strategic AML/CFT deficiencies.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
UAPA
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Unlawful (Activities) Prevention Act (UAPA)
Mains level: Sedition and anti-national activities
The Supreme Court recently put freeze on sedition proceedings under the Section 124A (sedition law) of the IPC for persons who have also been charged under the Unlawful Activities (Prevention) Act (UAPA) of 1967 in the same case or separately.
What is the news?
- This freeze has rejected bails for some journalist and JNU activists who also face charges under the UAPA (for anti-India sloganeering and activites).
- Now they have been accused of making anti-national activities during the Delhi Riots.
Why is UAPA significant?
- An amendment made in 2019 has made the Act even more powerful.
- Now it can designate individuals, and not just associations, as ‘terrorists’.
Unlawful (Activities) Prevention Act (UAPA)
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Major feature: Designation of Terrorists
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
- Section 15 of the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
Who makes such designation?
- The UAPA (after 2019 amendment)seeks to empower the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- A similar provision already exists in Part 4 and 6 of the legislation for organizations that can be designated as a “terrorist organisations”.
How individuals are declared terrorists?
- The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill.
- The government is not required to give an individual an opportunity to be heard before such a designation.
- At present, in line with the legal presumption of an individual being innocent until proven guilty, an individual who is convicted in a terror case is legally referred to as a terrorist.
- While those suspected of being involved in terrorist activities are referred to as terror accused.
What happens when an individual is declared a terrorist?
- The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
- The UAPA, however, does not provide any such detail.
- It also does not require the filing of cases or arresting individuals while designating them as terrorists.
Removing the terrorist tag
- The UAPA gives the central government the power to remove a name from the schedule when an individual makes an application.
- The procedure for such an application and the process of decision-making will is decided by the central government.
- If an application filed by an individual declared a terrorist is rejected by the government, the UAPA gives him the right to seek a review within one month after the application is rejected.
- The central government will set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members.
- The review committee is empowered to order the government to delete the name of the individual from the schedule that lists “terrorists” if it considers the order to be flawed.
- Apart from these two avenues, the individual can also move the courts to challenge the government’s order.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Explained: Article 142 of the Constitution
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 142
Mains level: Read the attached story
The Supreme Court has exercised the power conferred on it under Article 142 of the Constitution to order the release of former Prime Minister’s assassination convict.
What is Article 142?
Article 142 titled ‘Enforcement of decrees and orders of the Supreme Court and orders as to discovery, etc.’ has two clauses:
[1] Article 142(1)
- The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
- Any decree so passed or order so made shall be enforceable throughout the territory of India.
- It may be in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
[2] Article 142(2)
- The Supreme Court shall have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.
History of Article 142
- When a draft Constitution was prepared by the drafting committee and placed before the Constituent Assembly, Article 142 was actually numbered as Article 118.
- It was placed before the Constituent Assembly on May 27, 1949 for debate but got adopted on the same day without any debate.
- This was possibly because everyone agreed that in order to ensure judicial independence, the highest court of the country must be empowered with plenary power to do complete justice.
Articles invoked in Perarivalan Case
- In the case of Perarivalan, the Supreme Court invoked Article 142(1) under which it was empowered to pass any order necessary to do complete justice in any matter pending before it.
- It held that it was not a fit case to be remanded to the Governor for his consideration under Article 161 of the Constitution.
Important instances when Article 142 was invoked
- Bhopal Gas tragedy case: The SC awarded a compensation of $470 million to the victims and held that “prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under Article 142.”
- Babri Masjid demolition case: The Supreme Court ordered framing of a scheme by the Centre for formation of trust to construct Ram Mandir at the Masjid demolition site in Ayodhya.
- Liquor sale ban case: The Supreme Court banned liquor shops within a distance of 500 metres from National as well as State highways in order to prevent drunken driving.
Try this PYQ from CSP 2019:
Q.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?
a. The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
b. The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
c. In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet.
d. State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature.
Post your answers here.
UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Designation of Terrorists in India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA, POTA
Mains level: Counter-terrorism ops and security agencies
The Union Home Ministry has designated Hafiz Talha Saeed, son of Hafiz Mohammad Saeed, chief of the Pakistan-based terror outfit Lashkar-e-Taiba (LeT), as a terrorist under the Unlawful (Activities) Prevention Act (UAPA).
About Unlawful (Activities) Prevention Act (UAPA)
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Designation of Terrorists
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
- Section 15 of the UAPA defines a “terrorist act” as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
- The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
Who makes such designation?
- The UAPA (after 2019 amendment)seeks to empower the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- A similar provision already exists in Part 4 and 6 of the legislation for organizations that can be designated as a “terrorist organisations”.
How individuals are declared terrorists?
- The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill.
- The government is not required to give an individual an opportunity to be heard before such a designation.
- At present, in line with the legal presumption of an individual being innocent until proven guilty, an individual who is convicted in a terror case is legally referred to as a terrorist.
- While those suspected of being involved in terrorist activities are referred to as terror accused.
What happens when an individual is declared a terrorist?
- The designation of an individual as a global terrorist by the United Nations is associated with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
- The UAPA, however, does not provide any such detail.
- It also does not require the filing of cases or arresting individuals while designating them as terrorists.
Removing the terrorist tag
- The UAPA gives the central government the power to remove a name from the schedule when an individual makes an application.
- The procedure for such an application and the process of decision-making will is decided by the central government.
- If an application filed by an individual declared a terrorist is rejected by the government, the UAPA gives him the right to seek a review within one month after the application is rejected.
- The central government will set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members.
- The review committee is empowered to order the government to delete the name of the individual from the schedule that lists “terrorists”, if it considers the order to be flawed.
- Apart from these two avenues, the individual can also move the courts challenging the government’s order.
UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
In news: Organisation of Islamic Cooperation (OIC)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: OIC
Mains level: Hypocrisy of OIC
In a highly notorious move, the OIC has invited Kashmiri separatist leaders in the Foreign Ministers’ meet in Islamabad.
What is OIC?
- The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
- The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
- OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.
Do you know?
Guyana and Suriname (from South America) are members of OIC.
India and OIC: A Backgrounder
- At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
- In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
- Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.
Recent developments
- In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
- This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
- Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.
What is the OIC’s stand on Kashmir?
- It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
- Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
- To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
- Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.
A group of hippocrats
- The OIC has been making factually incorrect and unwarranted references to Jammu and Kashmir.
- The so-called religious group is covertly silent over the persecution of Rohingyas, Uighurs, Kurds etc.
How has India been responding?
- India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
- The strength with which India has made this assertion has varied slightly at times, but never the core message.
- It has maintained its “consistent and well known” stand that the OIC had no locus standi.
- This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism, and persecution of minorities”.
OIC members and India
- Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
- The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
- Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.
Way ahead
- India sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
- But these countries sign off on the joint statements which are largely drafted by Pakistan.
- India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.
UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
FATF retains Pakistan on its terror funding ‘Grey List’
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Terror financing and money laundering
The global money laundering and terrorist financing watchdog Financial Action Task Force (FATF) has retained Pakistan on its terrorism financing “grey list”.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
India and FATF
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership.
- On June 25, 2010, India was taken in as the 34th country member of FATF.
- The EAG (Eurasian Group) is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.
What is the role of FATF?
- Watchdog on terror financing: The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- Recommendation against financial crimes: The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF black list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Trade sanctions: Reduction in international trade
- International boycott
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Houthi Attack on United Arab Emirates
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Conflict-ridden towns in news
Mains level: Extremism across the world
A suspected drone attack on Monday in Abu Dhabi, the capital of UAE, caused multiple explosions in which three Indians were reportedly killed.
Who is behind the attack?
- The Shia Houthi rebels of Yemen have claimed responsibility for the attack.
Who are the Houthis?
- The roots of the Houthi movement can be traced to “Believing Youth” (Muntada al-Shahabal-Mu’min).
- It is a Zaydi revivalist group founded by Hussein al-Houthi and his father, Badr al-Din al-Houthi, in the early 1990s.
- Badr al-Din was an influential Zaydi cleric in northern Yemen.
- This group is inspired by the Iranian revolution of 1979 and the rise of Hezbollah in southern Lebanon in the 1980s.
- Badr al-Din and his sons started building vast social and religious networks among the Zaydis of Yemen, who make up roughly one-third of the Sunni-majority country’s population.
What led to the Houthis’ rise?
- When protests broke out in Yemen in 2011 as part of the Arab Spring protests that felled Tunisian and Egyptian dictators.
- The Houthis, now confident from their military victories and the support they enjoyed in Sadah, backed the agitation.
Why did Saudi Arabia attack Yemen?
- The rapid rise of the Houthis in Yemen set off alarm bells in Riyadh which saw them as Iranian proxies.
- Saudi Arabia, under Mohammed Bin Salman, started a military campaign in March 2015, hoping for a quick victory against the Houthis.
- But the Houthis had dug in, refusing to leave despite Saudi Arabia’s aerial blitzkrieg.
- With no effective allies on the ground and no way-out plan, the Saudi-led campaign went on with no tangible result.
- In the past six years, the Houthis have launched multiple attacks on Saudi cities from northern Yemen in retaliation for Saudi air strikes.
Not a one-way proxy war
- There are serious allegations against both the Saudis and the Houthis in the war.
- While the Saudi bombings caused a large number of civilian deaths, the Houthis were accused, by rights groups and Governments, of preventing aid, deploying forces in densely populated areas.
- Houthis have been using excessive force against civilians and peaceful protesters.
Why did the Houthis target the UAE?
- This is not the first time the Houthis attacked the UAE. In 2018, when the UAE-backed forces were making advances in Yemen, the Houthis claimed attacks against the Emirates.
- They stayed focussed entirely on Saudi Arabia and Saudi-backed forces inside Yemen.
Try this PYQ:
Consider the following pairs:
Towns sometimes mentioned in news: Countries
- Aleppo: Syria
- Kirkuk: Yemen
- Mosul: Palestine
- Mazar-i-sharif: Afghanistan
Which of the pairs given above are correctly matched?
(a) 1 and 2 only
(b) 1 and 4 only
(c) 2 and 3 only
(d) 3 and 4 only
Post your answers here.
UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Multi Agency Centre (MAC): A common counter-terrorism grid
Note4Students
From UPSC perspective, the following things are important :
Prelims level: MAC, NATGRID
Mains level: Counter-terrorism ops and security agencies
The Union government has asked the States to share more intelligence inputs through the Multi Agency Centre (MAC), a common counter-terrorism grid under the Intelligence Bureau (IB).
Why in news?
- States are often reluctant to share information on the platform.
- There are several gaps in sharing critical information at the right time.
- Plans are afoot for more than a decade to link the system up to the district level.
About MAC
- The Multi-Agency 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.
- Accordingly, the Intelligence Bureau (IB) was authorized to create a multi-agency centre (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.
- Various security agencies share real-time intelligence inputs on the MAC.
- The state offices have been designated as subsidiary MACs (SMACs).
- As many as 28 organisations, including the Research and Analysis Wing (R&AW), armed forces and State police, are part of the platform.
Back2Basics: NATGRID
- NATGRID is an intelligence-sharing network that collates data from the standalone databases of the various agencies and ministries of the Indian government.
- It collects and collates a host of information from government databases including tax and bank account details, credit/debit card transactions, visa and immigration records and itineraries of rail and air travel.
- It came into existence after the 2008 Mumbai attacks.
- It is accessible to only authorized people from 10 security agencies on a case-to-case basis for investigations into suspected cases of terrorism.
- It will also have access to the Crime and Criminal Tracking Network and Systems, a database that links crime information, including First Information Reports, across 14,000 police stations in India.
Note: NATGRID data will be made available to 11 central agencies, which are: Research and Analysis Wing (R&AW), Intelligence Bureau (IB), National Investigation Agency (NIA), Central Bureau of Investigation (CBI), Narcotics Control Bureau (NCB), Financial Intelligence Unit (FIU), Enforcement Directorate (ED), Central Board of Direct Taxes (CBDT), Central Board of Indirect Taxes and Customs (CBIC), Directorate of Revenue Intelligence (DRI) and Directorate General of GST Intelligence.
UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
UAPA enacts process as punishment
Context
Application of the UAPA in certain cases has caused concerns regarding its alleged “misuse”, and the rational answer would be to find ways to check “misuse”.
Issues with UAPA
- The police often use Section 13 in conjunction with other sections of the law.
- Vague and undefined terms: Besides the usual inventory of well-defined verbs in S.13(1), such as “commits”, “advocates”, “abets”, “advises”, “incites” or “takes part”, there is S.13(2) which reads: “Whoever, in any way, assists any unlawful activity of any association declared unlawful… shall be punished.”
- What does “in any way” mean? S.2(o), which defines “unlawful activity” does so in even more vague terms, as anything done by a person, whether as an act, or words, verbally, through signs or otherwise.
- What does “otherwise” mean? Likewise, S.39 criminalises support to a terrorist organisation, where “support” is not even defined!
- Wide and arbitrary powers: The semantic slippages are politically convenient as the UAPA vests extremely wide and arbitrary powers in the government to label something an “unlawful activity”.
- The political “use” of UAPA is scripted into the law itself, and the question of “misuse” does not arise.
- Application of UAPA triggers a host of draconian procedures effectively barring bail, reversing burden of proof.
Conclusion
The conviction rate of 2.2 per cent testifies to how the UAPA enacts the process as punishment. It is time for political parties to eschew their blinkered approach and make an effort to repeal this unlawful law.
UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Pakistan, Turkey on FATF greylist
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Globar terror financing
The Financial Action Task Force (FATF) kept Pakistan on the grey list yet again since 2018. The FATF also announced the ‘greylisting’ of Jordan, Mali and Turkey.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
India and FATF
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership.
- On June 25, 2010, India was taken in as the 34th country member of FATF.
- The EAG (Eurasian Group) is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.
What is the role of FATF?
- Watchdog on terror financing: The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- Recommendation against financial crimes: The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Trade sanctions: Reduction in international trade
- International boycott
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
National Intelligence Grid (NATGRID)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: NATGRID
Mains level: Not Much
The PM is soon expected to launch the National Intelligence Grid or NATGRID that aims to provide cutting-edge technology to enhance India’s counter-terror capabilities.
What is NATGRID?
- NATGRID is an intelligence sharing network that collates data from the standalone databases of the various agencies and ministries of the Indian government.
- It is a counter terrorism measure that collects and collates a host of information from government databases including tax and bank account details, credit/debit card transactions, visa and immigration records and itineraries of rail and air travel.
- It will also have access to the Crime and Criminal Tracking Network and Systems, a database that links crime information, including First Information Reports, across 14,000 police stations in India.
- As of 2019, NATGRID is headed by an Indian Police Service (IPS) officer Ashish Gupta.
Its establishment
- The 26/11 terrorist siege in Mumbai back in 2008 exposed the deficiency that security agencies had no mechanism to look for vital information on a real-time basis.
Access to NATGRID
- Prominent federal agencies of the country have been authorized to access the NATGRID database.
- They are the:
- Central Bureau of Investigation
- Directorate of Revenue Intelligence,
- Enforcement Directorate
- Central Board of Indirect Taxes and Customs
- Central Board of Direct Taxes (for the Income Tax Department)
- Cabinet Secretariat
- Intelligence Bureau
- Directorate General of GST Intelligence
- Narcotics Control Bureau
- Financial Intelligence Unit, and
- National Investigation Agency
Future prospects
- According to the first phase plan, 10 user agencies and 21 service providers will be connected with the NATGRID, while in later phases, about 950 additional organizations will be brought on board.
- In the following years, more than 1,000 organizations will be further integrated into the NATGRID.
- These data sources include records related to immigration entry and exit, banking and financial transactions, and telecommunications.
UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Two decades of 9/11
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: US and the global war on terror
Twenty years later, the 9/11 terror attacks look a lot less epochal than they seemed in the heat of the moment.
Why was 9-11 a major breakthrough?
- One major inference in the wake of 9/11 was about the power of non-state actors — demonstrated by al Qaeda’s massive surprise attack on the world’s lone superpower at its zenith.
- Al Qaeda’s rise seemed to fit in with the age of economic globalization and the internet, which heralded the weakening of the state system and the arrival of a borderless world.
- Two decades later, though, the system of nation-states looks quite robust after enduring the challenge from international terrorism.
Implications of the attack
- The state system adapted quickly to the disruptions created by 9/11.
- There was much anxiety about terror groups gaining access to weapons of mass destruction or leveraging new digital technologies to increase their power over states.
- The state system has succeeded in keeping nuclear weapons and material away from terrorists.
- It has also become adept at using digital tools to counter extremism.
- If 9/11 made air travel risky, the states quickly developed protocols to de-risk it.
Humiliating end for the US everywhere
- Marking the 20th anniversary of 9/11 days after the humiliating US retreat from Kabul and domestic turmoil might suggest that Al-Qaeda and its associates did succeed in ending America’s unipolar moment.
- The choice of targets in the 9/11 attacks — the World Trade Center and the Pentagon — was not accidental.
- They were designed to strike at the very heart of American capitalism and its famed military power.
- American capitalism met its greatest threat not in 2001 but in the 2008 financial crisis that was triggered by the reckless ideology of deregulation.
- America lost in Afghanistan and the Middle East because it over-determined the terror threat and put security approaches above political common sense.
Today’s agenda for terror
- And the ambition of the jihadists — who organized the 9/11 attacks, to destroy America has risen to a higher extent:
- To overthrow the Arab regimes
- Unleash a war with Israel
- Pit the believers against the infidels
- To be sure, terrorist organizations and the religious extremism that inspires them to continue to be of concern.
Age of ideological warfare
- Sectarian schisms, ideological cleavages, internecine warfare, and the messiness of the real world have cooled the revolutionary ardor that the world was so afraid of after 9/11.
- In the battle between states and non-states, the former have accumulated extraordinary powers in the name of fighting the latter.
- All nations, including liberal democracies, have curtailed individual liberty by offering greater security against terrorism.
- Abuse of state power has inevitably followed.
Security narratives by the US since then
- After 9/11, President George W Bush turned his attention to confronting an imagined “global axis of evil” — Iran, Iraq, and North Korea.
- None of the three countries was involved in 9/11.
- And the US rewarded Pakistan with billions of dollars in military and economic assistance that actively nurtured the Taliban and succeeded in bleeding and defeating the US in Afghanistan.
Threats earned by the US
- This blinded the US to an emerging challenger — China — on the horizon. Washington’s obsession with the Middle East gave Beijing two valuable decades to consolidate its rise without any hindrance.
- Although America’s unipolar moment may have ended, the US will continue to remain the most powerful nation in the world, with the greatest capacity to shape the international system.
What about the jihadist agenda for the Middle East?
- The Islamist effort to destroy the Gulf kingdoms spluttered quite quickly as the Arab monarchs cracked down hard on the jihadi groups.
- Many Arab states do not see al Qaeda and its offshoots as existential threats.
- They worry more about other Muslim states like Turkey, Qatar, and Iran that seek to leverage Islam for geopolitical purposes.
- These fears have pushed smaller Gulf kingdoms towards Israel and shattered the jihadi hope to trigger the final Islamic assault on the Jewish state.
- Developments in China and Pakistan reinforce the proposition that politics among nation-states is more significant than the power of the transcendental religious forces.
How did India Respond?
- India has been facing the problem of Pakistan-sponsored terrorism since 1989. Unfortunately, the USA and the UK sided with Pakistan during this time.
- However, this changed after India’s 2nd nuclear test and the 9/11 attack in the USA. Though the USA continued to rely on Pakistan, it considered Pakistan as an unreliable partner. This was further proved when Osama bin Laden was found hiding in Pakistan.
- Indian response to terror attacks had been that of “strategic restraint”.
- It was limited to diplomatic actions. This was evident in attacks on the Indian Parliament (December 2001) and the Kaluchak massacre (May 2002).
- However, now we witness that India has adopted a policy of imposing costs on Pakistan by striking across the border, e.g. Balalkot airstrikes.
- This capacity of India has been built over its strong economy and strong global linkages. Despite the economic disaster of 1991, India emerged stronger after LPG reforms.
Conclusion
- The trans-national nature of the new terror groups is now countered by better border controls and greater international cooperation on law enforcement.
- However, in the subcontinent, as elsewhere, violent religious extremism thrives only under state patronage.
- The answers to the challenges presented by the return of the Taliban and the likely resurgence of jihadi terrorism are not in the religious domain but in changing the geopolitical calculus of Pakistan’s deep state.
B2BASICS
Violent Non-state actors
- In international relations, violent non-state actors (VNSA), also known as non-state armed actors or non-state armed groups (NSAGs), are individuals and groups that are wholly or partly independent of governments and which threaten or use violence to achieve their goals.
- VNSAs vary widely in their goals, size, and methods. They may include narcotics cartels, popular liberation movements, religious and ideological organizations, corporations (e.g. private military contractors), self-defence militia, and paramilitary groups established by state governments to further their interests.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Pakistan to remain on FATF ‘Greylist’
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Money laundering and terror financing
The Financial Action Task Force (FATF) has decided to retain Pakistan on the “greylist” till the next review of its performance.
Practice question for mains:
Q.What is FATF? Discuss its role in combating global financial crimes and terror financing.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership. On June 25, 2010, India was taken in as the 34th country member of FATF.
What is the role of FATF?
- The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
- Because money launderers and others alter their techniques to avoid apprehension, the FATF updates its recommendations every few years.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Unlawful Activities Prevention Act (UAPA)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: UAPA
The Centre has designated 18 key operatives and leaders of extremists groups as individual terrorists under the recently-amended Unlawful Activities Prevention Act (UAPA).
Try this question for mains:
Q.“Anti-terror laws should not be used as a tool to silence the critics of the government.” Discuss in context to the recent amendments to the Unlawful Activities Prevention Act (UAPA).
About UAPA
- The UAPA is aimed at effective prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
- It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
- It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
- Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.
Recent amendments
- The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
- Before this amendment, only organisations could be designated as terrorist outfits.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Security implications of Doha Accord for India
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Doha Accord
Mains level: Paper 3- Threat of terrorism
We have been spared of some unfortunate news of terrorist attacks in the recent past, however, it would be mistake to discount the threat posed by the terrorist organisations especially when we consider the backdrop of Doha Accord. The article deals with the threat of terrorism.
Declining support
- Terrorist organisations like Taliban, al-Qaeda, Islamic State, Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM) have been dormant during a pandemic.
- This is partly explained by the fact that open terror attacks have been reducing, presumably because:
- 1) Terror outfits lack resources.
- 2) Because of temporary loss of support from those normally hostile to the non-Islamic world and tolerant Muslims.
- However, given their past resilience, they continue to pose threats to modern society, especially to India and its neighbourhood.
But threat persists
- These terrorist organisations continue to be attractive to misguided youth in India whose loyalties are extraterritorial.
- Their numbers may not be formidable, but they can cause a ripple effect that cannot be underestimated.
- Terrorist cells are probably engaged in the quiet process of collecting resources for future lethal assaults against India and other countries in the neighbourhood.
- Once the pandemic eases, we may see a resurgence of terror.
- The aggravation of poverty in developing nations due to COVID-19 could offer a fertile ground for recruitment.
- The al-Qaeda and the Islamic State are carrying out their recruitment undiminished by the problems posed by the pandemic.
- Only these two outfits have an impressive global reach backed by global ambitions.
What are the implications of Doha Accord?
- The Doha Accord signed this year between the Taliban and the U.S., which has brought about an improved relationship between the two.
- The U.S. has agreed to a near-total withdrawal of its troops in return for the Taliban’s promise to preserve peace in Afghanistan.
- The Taliban and the al-Qaeda need each other in many areas.
- Both are friendly towards Pakistan and could pose a problem or two to India in the near future.
- Many recent raids by the National Investigation Agency point to an al-Qaeda network in India.
- Once the situation gets better, the al-Qaeda, in cahoots with other aggressive Islamic outfits in and around Pakistan, is bound to escalate the offensive against India.
- This is one factor that makes the al-Qaeda and other terror outfits still relevant to India’s security calculus.
Consider the question “What are the implications of Doha Acord for India’s security architecture?”
Conclusion
The threat posed by the changing geopolitical landscape is bound to increase in the coming days and hence India should prepare itself to tackle the challenge.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Pakistan likely to remain on FATF Greylist
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Money laundering and terror financing
Pakistan is unlikely to exit the Financial Action Task Force (FATF’s) greylist with this plenary session as well.
Practice question for mains:
Q.What is FATF? Discuss its role in combating global financial crimes and terror financing.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
Why is Pakistan under its scanner?
- Pakistan has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
- In June 2018, Pakistan gave a high-level political commitment to work with the FATF and APG to strengthen its AML/CFT regime, and to address its strategic counter-terrorism financing-related deficiencies.
- Pakistan and the FATF then agreed on the monitoring of 27 indicators under a 10-point action plan, with specific deadlines.
- The understanding was that the successful implementation of the action plan, and its physical verification by the APG, would lead the FATF to move Pakistan out of the Grey List.
- However, Islamabad managed to satisfy the global watchdog over just five of them.
B2BASICS
What are the Black List and Grey List of the FATF?
FATF has 2 types of lists;
1. Black List
2. Grey List
1. Meaning of Black List: Only those countries are included in this list that FATF considers as uncooperative tax havens for terror funding. These countries are known as Non-Cooperative Countries or Territories (NCCTs). In other words; countries that are supporting terror funding and money laundering activities are placed in the Blacklist.
The FATF blacklist or OECD blacklist has been issued by the Financial Action Task Force since 2000 and lists countries which it judges to be non-cooperative in the global fight against money laundering and terror funding.
The FATF updates the blacklist regularly, adding or deleting entries.
(This map shows the countries included in the Greylist)
2. Meaning of Grey List: Those countries which are not considered as the safe heaven for supporting terror funding and money laundering; included in this list. The inclusion in this list is not as severe as blacklisted.
Now Grey list is a warning given to the country that it might come in Black list (Just like a yellow card in a football match). If a country is unable to curb mushrooming of terror funding and money laundering; it is shifted from grey list to black list by the FATF.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Back in news: Financial Action Task Force (FATF)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Money laundering and terror financing
Ahead of the crucial FATF meetings in October, Indian agencies plan to highlight its inaction in the Pulwama, 26/11 Mumbai attack and Daniel Pearl murder cases.
Practice question for mains:
Q.What is FATF? Discuss its role in combating global financial crimes and terror financing.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
Why is Pakistan under its scanner?
- Pakistan has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
- In June 2018, Pakistan gave a high-level political commitment to work with the FATF and APG to strengthen its AML/CFT regime, and to address its strategic counter-terrorism financing-related deficiencies.
- Pakistan and the FATF then agreed on the monitoring of 27 indicators under a 10-point action plan, with specific deadlines.
- The understanding was that the successful implementation of the action plan, and its physical verification by the APG, would lead the FATF to move Pakistan out of the Grey List.
- However, Islamabad managed to satisfy the global watchdog over just five of them.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Financial Action Task Force (FATF)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Money laundering and terror financing
Indian officials attended the virtual 32nd special Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG) plenary meeting, under the aegis of the FATF.
Practice question for mains:
Q. What is FATF? Discuss its role in combating global financial crimes and terror financing.
What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the OECD headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
- As of 2019, FATF consisted of 37 member jurisdictions.
- India became an Observer at FATF in 2006. Since then, it had been working towards full-fledged membership. On June 25, 2010, India was taken in as the 34th country member of FATF.
EAG of FATF
- The EAG is a regional body comprising nine countries: India, Russia, China, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and Belarus.
- It is an associate member of the FATF.
What is the role of FATF?
- The rise of the global economy and international trade has given rise to financial crimes such as money laundering.
- The FATF makes recommendations for combating financial crime, reviews members’ policies and procedures, and seeks to increase acceptance of anti-money laundering regulations across the globe.
- Because money launderers and others alter their techniques to avoid apprehension, the FATF updates its recommendations every few years.
What is the Black List and the Grey List?
- Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
- Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.
Consequences of being in the FATF grey list:
- Economic sanctions from IMF, World Bank, ADB
- Problem in getting loans from IMF, World Bank, ADB and other countries
- Reduction in international trade
- International boycott
Pakistan and FATF
- Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
- It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
- FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
What is Antifa Movement?
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Antifa
Mains level: Racial antagonism across the world
As massive protests following the death of a person in racial discrimination continued to rock the US, President Donald Trump has announced that the alleged far-left group Antifa would be designated as a terrorist organisation by his government.
One can expect a similar prelims question:
Q. The Antifa movement recently seen in news is an: Free trade movement/Anti-terror movement etc.
Why the US seeks to ban Antifa?
- Trump has blamed for the protests that have convulsed cities across the US,
- Antifa is considered the loosely affiliated group of far-left anti-fascist activists.
Antifa: The group
- Antifa is an acronym for ‘Anti-Fascist’. It is not an organisation with a leader nor does it have a defined structure or membership roles.
- Antifa has been around for several decades, though accounts vary on its exact beginnings.
- The term dates the term as far back as Nazi Germany, describing the etymology of ‘Antifa’ as “borrowed from German Antifa, short for antifaschistische ‘anti-fascist’.
- Rather, Antifa is more of a movement of activists whose followers share a philosophy and tactics.
- They have made their presence known at protests, including the “Unite the Right” rally in Charlottesville, Virginia, in 2017.
Its members
- It is impossible to know how many people count themselves as members.
- Its followers acknowledge that the movement is secretive, has no official leaders and is organised into autonomous local cells.
- It is also only one in a constellation of activist movements that have come together in the past few years to oppose the far right.
- Antifa members campaign against actions they view as authoritarian, homophobic, racist or xenophobic.
Activism over years
- Antifa members typically dress in black and often wear a mask at their demonstrations, and follow far-left ideologies such as anti-capitalism.
- The movement has been known to have a presence in the US in the 1980s.
- It shot into prominence following the election of President Trump in 2016, with violence marking some of its protests and demonstrations.
- Criticizing mainstream liberal politicians for not doing enough, Antifa members have often physically confronted their conservative opponents on the streets.
- The group also participates in non-violent protests. Apart from public counter-protests, Antifa members run websites that track white extremist and ultra-right groups.
Criticisms
- The movement has been widely criticised among the mainstream left and right.
- Conservative publications and politicians routinely rail against supporters of Antifa, who they say are seeking to shut down peaceful expression of conservative views.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Terrorism and its ideologies
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much.
Mains level: Paper 3- Terrorism and related issues
Pakistan is a unique country in the sense that it is both a victim and the perpetrator of terrorism. This article explains the situations which made Pakistan home to the terrorism. So, why some terrorist organisations turned against Pakistan? What are the ideologies followed by various terrorist organisation and how it makes a difference in their functioning? Read to know…
Terrorism paradox of Pakistan: Both Victim and perpetrator
- This Terrorism paradox can be traced to the deliberate policy of the Pakistani state to create and foster terrorist groups in order to engage in low-intensity warfare with its neighbours.
- Pakistan first operationalised this strategy in regard to Afghanistan in 1973.
- And intensified it with the cooperation of the U.S. and Saudi Arabia after the Marxist coup of 1978 after which USSR entered Afghanistan.
Soviet withdrawal and rise in insurgency in Kashmir
- The Soviet withdrawal in 1989 left the Pakistani military with a large surplus of Islamist fighters that it had trained and armed.
- Islamabad decided to use this “asset” to intensify the insurgency in the Kashmir Valley.
Radicalisation of Pakistani population
- The decade-long Afghan “jihad” in Afghanistan had also radicalised a substantial segment of the Pakistani population.
- Radicalisation was intense in the North-West Frontier Province and Punjab.
- Sectarian divisions were also on the rise not only between Sunnis and Shias but also among various Sunni sects.
- The division was intense between two Sunni sects-the puritanical Deobandis and the more syncretic and Sufi-oriented Barelvis.
- In the process, a number of homegrown terrorist groups emerged that the Pakistan Army co-opted for its use in Kashmir and the rest of India.
- But, it soon became clear that Pakistan had created a set of Frankenstein’s monsters some of whom turned against their creator.
- The Musharraf government, under American pressure, decided to collaborate with the latter in the overthrow of the Taliban regime in Afghanistan.
- This resulted in some of the terrorist organisation turning against Pakistan.
Monsters who don’t spare even its creator
- The Tehreek-e-Taliban Pakistan (TTP), which has ideological affinity with the Afghan Taliban.
- The TTP and its affiliates have fought pitched battles with the Pakistan Army in the Federally-Administered Tribal Areas (FATA) and parts of the NWFP.
- Also, the Jaish-e-Mohammad (JeM) has not hesitated to launch terrorist attacks on targets within Pakistan as well, especially against the Shias and Sufi shrines.
Did all terrorist organisation turn against Pakistan?
- No!
- Consider the case of ‘loyalist’ LeT.
- Lashkar-e-Taiba (LeT), is a classic example of a “loyalist” terrorist organisation that has played by the rules set by the Pakistani military.
- It only launches attacks on targets outside Pakistan, primarily in India.
- As the evidence in the case of the Mumbai carnage of 2008 clearly indicates LeT operations are coordinated with the Inter-Services Intelligence (ISI).
- ISI provides it with intelligence and logistical support in addition to identifying specific targets.
- This is why the LeT and its front organisations have continued to receive the military’s patronage and unstinting support.
- Consequently, its leader, Hafiz Saeed, was until recently provided protection by the Pakistani state.
Ideological differences
- Both the LeT and the Jaish-e-Mohammed (JeM) have been engaged in attacks on Indian targets identified by Pakistan’s ISI.
- The difference between LeT and JeM lies in the fact that while the LeT is more pragmatic and less ideological.
- The JeM is highly ideological and sectarian.
- JeM draws its ideological inspiration from a very extreme form of Deobandi puritanism.
- That extreme form considers all those who do not believe in its philosophy beyond the pale of Islam.
- For many JeM diehards, these include not only Shias and Barelvis but also the Pakistani state and the Pakistani military.
- LeT on the other hand does not consider Muslims of different theological orientations as non-believers and therefore legitimate targets of attack.
- This relatively “liberal” interpretation is related to the fact that LeT draws its ideological inspiration from the sect called the Ahl-e-Hadis, which composes only a small proportion of Pakistan’s Muslim population and cannot afford to engage in sectarian conflict.
- Moreover, it draws its membership from different Muslim sects including the Sufi-oriented Barelvis and the puritanical Deobandis.
- Both these factors drive LeT toward greater tolerance in sectarian terms and to eschew intra-Islamic theological battles.
- Its primary goals are political; above all, driving India out of Kashmir.
- This jells well with the objectives of the Pakistani military and makes LeT and Hafiz Saeed, favourites of the Pakistani establishment.
Consider the question asked by UPSC in 2017-“The scourge of terrorism is a grave challenge to national security. What solution do you suggest to curb this growing menace? What are the major sources of terrorist funding?
Conclusion
The fact that using terrorist outfits for state objectives is a highly risky business whose blowback cannot be predicted and can have very negative consequences for the stability of the state itself.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
The Resistance Front (TRF)
Note4Students
From UPSC perspective, the following things are important :
Prelims level: UAPA
Mains level: ‘The Resistance Front’
(Image Source: The Economic Times)
A newly floated outfit, the Resistance Front, has come under the scanner of enforcement agencies for its suspected links with the banned Lashkar-e-Taiba (LeT).
This is a very significant development with respect to India’s concern against terrorism. Terrorism and the terror outfits are increasingly becoming more institutionalized and ‘the Resistance Front’ is an another move towards it.
‘The Resistance Front’
- TRF, which is owning up terror attacks in Kashmir these days, is an offshoot of the terrorist group Lashkar-e-Taiba and is also associated with other terror outfits such as Hizbul Mujahideen, Jaish-e-Mohammed.
- Various reports claim that after the abrogation of Article 370 in J&K, Pakistan decided to increase the terror activities in the Valley.
- However, facing international pressure and to protect itself from being blacklisted by the Financial Action Task Force (FATF), Pakistan decided to launch a new terror group with a new identity.
- Various Indian security agencies operating in Kashmir feel that the ‘TRF’ was formed due to the pressure on Pakistan from the FATF to cut down on the funding of the terrorist groups.
A new strategy justifying terrorism
- The word ‘resistance’ has been used by Pakistan and the Inter-Services Intelligence (ISI) to put in place a new strategy for supporting terrorism against India.
- Pakistan’s plan is to rebrand the terrorists operating under the umbrella of JeM, LeT and Hizbul as “non-religious” rebellion.
- Pakistan wants to project Kashmiri terrorism as a resistance movement by Kashmiris. So far Hizbul and LeT have come under TRF’s umbrella.
Must read:
Back2Basics: What is the FATF?
- FATF is an intergovernmental organization founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.
- The FATF Secretariat is housed at the Organisation for Economic Co-operation and Development (OECD) headquarters in Paris.
- It holds three Plenary meetings in the course of each of its 12-month rotating presidencies.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Global Terrorism Index (GTI) 2019
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not Much
Mains level: Need for a global consensus on Terrorism
A report compiled by NITI Aayog has questioned the methodology adopted by an Australian based institute to rank India as the seventh-worst terrorism affected country.
Despite of being a global threat, there is yet no consensus on the definition of terrorism. Despite the considerable discussion, the formation of a comprehensive convention against international terrorism by the United Nations has always been impeded by the lack of consensus on a definition.
Global Terrorism Index (GTI)
- GTI is a report published annually by the Institute for Economics and Peace (IEP).
- The index provides a comprehensive summary of the key global trends and patterns in terrorism since 2000.
- It produces a composite score in order to provide an ordinal ranking of countries on the impact of terrorism.
- It is an attempt to systematically rank the nations of the world according to terrorist activity.
- The index combines a number of factors associated with terrorist attacks to build an explicit picture of the impact of terrorism, illustrating trends, and providing a data series for analysis by researchers and policymakers.
Its database
- The GTI is based on data from the Global Terrorism Database (GTD).
- The GTD is collected and collated by the National Consortium for the Study of Terrorism and Responses to Terrorism (START) at the University of Maryland.
- It has codified over 190,000 cases of terrorism.
- The GTI covers 163 countries, covering 99.7% of the world’s population.
India’s ranking
- India has moved to the seventh position from the previous years eighth in the annual Global Terrorism Index (GTI) 2019.
- India has ranked ahead of conflict-ridden countries such as the Democratic Republic of Congo, South Sudan, Sudan, Burkina Faso, Palestine and Lebanon.
Why such ranking matters?
- The positioning in the global indices impacted investments and other opportunities.
- The purpose was to see which of the indices can be used to drive reforms or which of these would require some amount of engagement with the publishing agency to make the indices more relevant.
Issues with GTI
- The GTD was based solely on “unclassified media articles, with more than 100 structured variables such as each attack’s location, tactics and weapons, perpetrators, casualties and consequences etc.
- The large diversity in definitions of terrorism amongst countries, and the lack of a universally accepted definition of terrorism, leads to a great deal of ambiguity in calculating and understanding GTI reports.
- IEP’s economic impact of terrorism model does not account for costs for countering violent extremism and long-term economic impacts on business activity, production and investment.
- Indeed, the GTI 2019 report itself states that a great majority of property damage values from terrorist incidents are coded in the GTD as ‘unknown,’ resulting in 1 out 4 parameters scoring nil for most countries.
- Similarly, the definition of mass shootings used in the GTI is limited to ‘indiscriminate rampages in public places resulting in four or more victims killed by the attacker,’ leaving out lone-wolf attacks.
Highly irrelevant data
- The absence of a robust data collection and analysis methodology, and any engagement with Governments facing the scourge of terrorism, means that the GTI has low direct value for policymakers.
- It cannot be used as an aid to understand and alleviate challenges to countries from domestic and cross border terrorism.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Terrorism and Challenges Related To It
Conviction of Hafiz Saeed
Note4Students
From UPSC perspective, the following things are important :
Prelims level: FATF
Mains level: Terror funding
The Lashkar-e-Taiba founder (LeT) and Jamat-ud Dawa (JuD) chief Hafiz Saeed was convicted by a Pakistan court in two terror-financing cases and sentenced to five-and-a-half years in prison concurrently.
Why such move?
- With pressure from the international community building up, Pakistan has been trying to convince the Financial Action Task Force (FATF) to prevent it getting blacklisted.
- Saeed’s conviction is perhaps a reflection of Pakistan’s changing approach towards its treatment of terror groups, given the FATF’s actions and warnings.
Who is Hafiz Saeed?
- Hafiz Saeed is the founder and leader of the fundamentalist terrorist organisation Lashkar-e-Taiba (LeT), which is a group that follows an extreme interpretation of religious texts.
- It was founded in 1990 and its goals include conducting jihad, preaching the true religion and training the new generation along true religious lines.
- Some of its goals are aligned with that of Pakistan, including the liberation of Kashmir from India.
Why his conviction matters?
- Saeed is also the mastermind of the 2008 Mumbai terrorist attacks.
- Other attacks that LeT has been involved in include the 2001 shootout at Parliament House in New Delhi, and, most recently, the 2016 attack on the military headquarters in Uri.
- In 2012, in order to support India in its attempt to extradite Saeed, the US State Department offered a bounty of up to $10 million for information that could lead to his arrest or conviction.
- Moreover, the US Department of the Treasury has marked Saeed as a Specially Designated Global Terrorist since 2012.
- ISI and the Pakistani government too help the LeT bring in funds, and it is believed to have fund-raising offices in Bangladesh, Nepal, Maldives and the Gulf region.
A shield against FATF actions
- The FATF placed Pakistan in the grey list in July 2018 nonetheless.
- Before Saeed’s arrest, the FATF had warned Pakistan to deliver on its commitments to curb terror financing. Pakistan feared being a part of FATF’s “Grey List”.
- Significantly, if Pakistan did not follow up on FATF’s warnings, it could potentially be downgraded to the Black List, which would make things more difficult for the country.
- FATF is de facto run by the US Treasury Department.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024