DOCSLIB.ORG

Martial Law in India: the Deployment of Military Under the Armed Forces Special Powers Act, 1958

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Martial Law in India: the Deployment of Military Under the Armed Forces Special Powers Act, 1958 \\jciprod01\productn\S\SWT\24-1\SWT104.txt unknown Seq: 1 12-MAR-18 7:17 MARTIAL LAW IN INDIA: THE DEPLOYMENT OF MILITARY UNDER THE ARMED FORCES SPECIAL POWERS ACT, 1958 Khagesh Gautam* ABSTRACT: The question for inquiry in this article is whether the key provi- sions of the Armed Forces Special Powers Act, 1958 (“AFSPA”), an Indian Parliamentary legislation, amount to a de facto proclamation of Martial Law in India. The constitutional validity of AFSPA has been upheld by a unanimous constitution bench of five judges of the Supreme Court of India. But the AFSPA has not yet been examined from the Martial Law perspective. In order to engage in this inquiry, this article briefly traces the development of the idea of Martial Law and argues that military acting independent of the control of civilian authorities is the most important feature of Martial Law. This article also argues that in order for a geographical area to be under Martial Law, there is no need to have a formal promulgation of the same. In other words, an area can be under Martial Law without formally be- ing so declared. They key feature to note is whether the military is acting independent of the civilian control or not. The AFSPA is then analyzed from this angle and it is concluded that when the AFSPA becomes applicable to any area in India, that area is under de facto Martial Law. The question of whether or not the Indian Constitution impliedly or expressly authorizes the proclamation of Martial Law is * Stone Scholar, LL.M. (Columbia); LL.B. (Delhi), Associate Professor of Law & Assis- tant Dean (Research and Publications); Assistant Director, Center on Public Law and Jurispru- dence, Assistant Director, Mooting and Advocacy Program, Jindal Global Law School, O.P. Jindal Global University, Sonipat, India. The author can be reached at [email protected]. The author is grateful to Alexander Fischer, Sarbani Sen, Satya Prateek, Aditya Swarup and other faculty members and students of the Center on Public Law and Jurisprudence for their helpful comments and criticisms, and to Raunaq Jaiswal for excellent research assistance. All the errors remain that of the author. 117 \\jciprod01\productn\S\SWT\24-1\SWT104.txt unknown Seq: 2 12-MAR-18 7:17 118 SOUTHWESTERN JOURNAL OF INTERNATIONAL LAW [Vol. 24 a natural follow-up question that is left for future examination. How- ever, the Supreme Court’s decision upholding the constitutional va- lidity of the AFSPA is criticized on the ground that the Court should have recognized and called the AFSPA as what it truly is–a legisla- tion authorizing a de facto proclamation of Martial Law in India. I. INTRODUCTION .......................................... 118 R II. MARTIAL LAW .......................................... 120 R A. Inability of Civilian Authorities and Courts to Function Effectively–A Precondition for Martial Law................................................. 120 R B. Military Acting Independent of Civilian Authorities and Courts–A Consequence of Martial Law......... 126 R C. Military Acting-in-Aid of Civilian Authority v. Martial Law ........................................ 128 R III. DEPLOYMENT OF MILITARY UNDER THE ARMED FORCES SPECIAL POWERS ACT, 1958 ................... 132 R A. The Armed Forces Special Powers Act, 1958 ........ 132 R B. The Constitutionality of the Armed Forces Special Powers Act, 1958 ................................... 134 R C. De-Facto Proclamation of Martial Law under the AFSPA1 ............................................ 137 R D. The Facts Behind the De-Facto Proclamation of Martial Law under the AFSPA ..................... 140 R IV. CONCLUSION ............................................ 144 R I. INTRODUCTION Use of the military acting independent of local civilian authorities and courts for domestic law enforcement in a country that is commit- ted to democratic values and the ‘rule of law’ raises formidable ideo- logical challenges.1 Most pressing of these challenges arise in the context of the country’s military.2 The question for inquiry in this pa- per is whether the key provisions of the Armed Forces Special Powers Act, 1958 (“AFSPA”), an Indian Parliamentary legislation, amount to a de facto proclamation of Martial Law in India. The constitutional validity of the AFSPA has been upheld by a unanimous constitutional bench of five judges of the Supreme Court of India.3 But the AFSPA 1. Colm Campbell & Ita Connolly, A Model for the ‘War Against Terrorism’? Military Intervention in Northern Ireland and the 1970 Falls Curfew, 30 J.L. & SOC’Y 341, 342-43 (2003). 2. See id. at 346. 3. Naga People’s Movement of Human Rights v. Union of India, (1998) 85 AIR 431 (India). \\jciprod01\productn\S\SWT\24-1\SWT104.txt unknown Seq: 3 12-MAR-18 7:17 2018] MARTIAL LAW IN INDIA 119 has not yet been examined from the Martial Law perspective.4 In or- der to engage in this inquiry, this article briefly traces the develop- ment of the idea of Martial Law and argues that the military acting independent of the control of civilian authorities is the most important feature of Martial Law. This article also argues that in order for a geographical area to be under Martial Law, there is no need to have a formal promulgation of the same. In other words, an area can be under Martial Law without formally being so declared. The key fea- ture to note is whether the military is acting independent of civilian control. The AFSPA is then analyzed from this angle and it is con- cluded that when the AFSPA becomes applicable to any area in India, that area is under de facto Martial Law. The question of whether or not the Indian Constitution impliedly or expressly authorizes the proc- lamation of Martial Law, which is the natural follow-up question that arises from this inquiry, is left for future examination. However, the Supreme Court’s decision upholding the constitutional validity of the AFSPA is criticized on the ground that the Court should have recog- nized the AFSPA for what it truly is–a legislation authorizing a de facto proclamation of Martial Law in India. Part II argues that the most important feature of Martial Law is the military acting independent of civilian authority and control. When a geographical area is put under Martial Law, the military is called out and the military commander is under no legal obligation to take his orders from the civilian authority of the area. The military commander might be required to cooperate with the civilian authori- ties in the area, but he is allowed to make his own decisions. To that extent, the military acting independent of any civilian supervision clearly distinguishes an area under Martial Law from the military merely acting as an aid to civilian authority (where the military acts under the supervision and command of the civilian authority). Having identified this key feature of Martial Law in Part II, Part III then ap- plies this rule to the AFSPA. The Indian Parliament enacted the the AFSPA and, as previously mentioned, a constitutional bench of five judges of the Supreme Court of India unanimously upheld its constitu- tional validity.5 However, the AFSPA has never been examined, ei- ther academically or judicially, from the Martial Law angle. Part III discusses the key provisions of the AFSPA and the Supreme Court 4. Use of the AFSPA has been described as ‘martial law regime’ by only one commentator and that too was done in passing and without any detailed legal analysis that the subject de- serves. See Hiren Gohain, Post-Colonia Trauma?, 41 ECON. & POL. WKLY. 4537, 4537 (2006). 5. Naga People, (1998) 85 AIR at 431. \\jciprod01\productn\S\SWT\24-1\SWT104.txt unknown Seq: 4 12-MAR-18 7:17 120 SOUTHWESTERN JOURNAL OF INTERNATIONAL LAW [Vol. 24 decision that upheld the constitutionality of the AFSPA. After this, it applies the rule set out in Part II to the AFSPA and concludes that the ‘disturbed area notification’6 issued under the AFSPA that authorizes the calling out of the military to the disturbed area so notified is a de facto proclamation of Martial Law. Part IV concludes by briefly re- stating the key arguments made in the article. This paper concludes that the ‘disturbed area notification’ under the AFSPA amounts to a de facto proclamation of Martial Law and the Supreme Court should have recognized it and called it for what it truly was. Again, whether or not the Indian Constitution expressly or impliedly gives the author- ity to proclaim Martial Law is a natural follow-up question that arises from this discussion. This Paper leaves that inquiry for further exami- nation in the future. II. MARTIAL LAW A. Inability of Civilian Authorities and Courts to Function Effectively–A Precondition for Martial Law It has been understood for a long time now that Martial Law and Military Law are not the same things.7 Expounding the nature of Martial Law, Sir Matthew Hale in 17138 observed that Martial Law, owing to the circumstances that make it necessary, “in Truth and Re- ality [is] not Law, but something indulged rather than allowed as Law.”9 Sir Matthew also observed that the exercise of Martial Law, 6. Armed Forces (Special Powers) Act, No. 28 of 1958, INDIA CODE, § 3, http://in- diacode.nic.in (“Power to declare areas to be disturbed areas. If, in relation to any State or Union Territory to which this Act extends, the Governor of that State or Administrator of that Union Territory, as the case may be, is of the opinion that the whole or any part of such State or Union Territory, as the case may be, is in such a disturbed or dangerous condition that that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union Territory or the Central Government, as the case may be, may, by notification in the Official Gazette, declare the whole or such part of such State or Union Terri- tory to be a disturbed area.”), amended by Armed Forces (Assam Manipur) Special Powers (Amendment) Act, No.
Load more

Recommended publications
  • Military Law Max Schoetz Jr
    Marquette Law Review Volume 3 Article 5 Issue 1 Volume 3, Issue 1 (1918) Military Law Max Schoetz Jr. Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Max Schoetz Jr., Military Law, 3 Marq. L. Rev. 26 (1918). Available at: http://scholarship.law.marquette.edu/mulr/vol3/iss1/5 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. MILITARY LAW MAX SCHOETZ, JR., B.A., L.L.B., DEAN MARQUETTE UNIVERSITY COLLEGE Ov LAW, PROFESSOR OV MILITARY LAW S. A. T. C. Military Law' is a well defined branch of jurisprudence. It is the body of rules and regulations that have been prescribed for the government of the army and navy and for the militia when called into active service. It applies to and includes such rules of action and conduct as are imposed by a state upon persons in its military service with a view to the establishment and mainte- nance of military discipline. It is distinguished from martial law in that (I) military law applies only to persons in the land and naval forces while martial law applies to all persons and property within the district subject to it. (2) Military law is a permanent code applicable alike in peace and war while martial law is only temporary and ceases with the necessity which brought it into existence.
    [Show full text]
  • Political and Planning History of Delhi Date Event Colonial India 1819 Delhi Territory Divided City Into Northern and Southern Divisions
    Political and Planning History of Delhi Date Event Colonial India 1819 Delhi Territory divided city into Northern and Southern divisions. Land acquisition and building of residential plots on East India Company’s lands 1824 Town Duties Committee for development of colonial quarters of Cantonment, Khyber Pass, Ridge and Civil Lines areas 1862 Delhi Municipal Commission (DMC) established under Act no. 26 of 1850 1863 Delhi Municipal Committee formed 1866 Railway lines, railway station and road links constructed 1883 First municipal committee set up 1911 Capital of colonial India shifts to Delhi 1912 Town Planning Committee constituted by colonial government with J.A. Brodie and E.L. Lutyens as members for choosing site of new capital 1914 Patrick Geddes visits Delhi and submits report on the walled city (now Old Delhi)1 1916 Establishment of Raisina Municipal Committee to provide municiap services to construction workers, became New Delhi Municipal Committee (NDMC) 1931 Capital became functional; division of roles between CPWD, NDMC, DMC2 1936 A.P. Hume publishes Report on the Relief of Congestion in Delhi (commissioned by Govt. of India) to establish an industrial colony on outskirts of Delhi3 March 2, 1937 Delhi Improvement Trust (DIT) established with A.P. Hume as Chairman to de-congest Delhi4, continued till 1951 Post-colonial India 1947 Flux of refugees in Delhi post-Independence 1948 New neighbourhoods set up in urban fringe, later called ‘greater Delhi’ 1949 Central Coordination Committee for development of greater Delhi set up under
    [Show full text]
  • Seventh Schedule of Indian Constitution - Article 246
    Seventh Schedule of Indian Constitution - Article 246 The 7th Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments. It is a part of 12 Schedules of Indian Constitution. The division of ​ ​ powers between Union and State is notified through three kinds of the list mentioned in the seventh schedule: 1. Union List – List I 2. State List – List II 3. Concurrent List – List III Union List, State List, Concurrent List – Introduction As mentioned earlier, Article 246 deals with the 7th Schedule of the Indian Constitution that mentions three lists named as Union List, State List and Concurrent List which specify the divisions of power between Union and States. The key features of Union List, State List & Concurrent List are mentioned in the tables below: 7th Schedule of Indian Constitution – Union List It originally had 97 subjects. Now, it has 100 subjects Centre has exclusive powers to makes laws on the subjects mentioned under the Union List of Indian Constitution The Union List signifies the strong centre as it has more subjects than state list It contains more important subjects than included in any of the other two lists All the issues/matters that are important for the nation and those requiring uniformity of legislation nationwide are included in the Union List The dominance of Union List over State List is secured by the Constitution of India as in any conflict between the two or overlapping, the Union List prevails Law made by the Parliament on a subject of the Union List can confer powers and impose duties on a state, or authorise the conferring of powers and imposition of duties by the Centre upon a state There are 15 subjects in the Union List on which Parliament has an exclusive power to levy taxes 88th Amendment added a new subject in the Union List called ‘taxes on services.’ Supreme Court’s jurisdiction and powers with respect to matters in the Union list can be enlarged by ​ the Parliament 7th Schedule of Indian Constitution – State List It has 61 subjects.
    [Show full text]
  • Proposals for Constitutional Change in Myanmar from the Joint Parliamentary Committee on Constitutional Amendment International Idea Interim Analysis
    PROPOSALS FOR CONSTITUTIONAL CHANGE IN MYANMAR FROM THE JOINT PARLIAMENTARY COMMITTEE ON CONSTITUTIONAL AMENDMENT INTERNATIONAL IDEA INTERIM ANALYSIS 1. Background, Purpose and Scope of this Report: On 29 January Myanmar’s Parliament voted to establish a committee to review the constitution and receive proposals for amendments. On July 15 a report containing a catalogue of each of these proposals was circulated in the Pyidaungsu Hluttaw (Union Legislature). This International IDEA analysis contains an overview and initial assessment of the content of these proposals. From the outset, the Tatmadaw (as well as the Union Solidarity and Development Party - USDP) has objected to this process of constitutional review,i and unless that opposition changes it would mean that the constitutional review process will not be able to proceed much further. Passing a constitutional amendment requires a 75% supermajority in the Union Legislature, which gives the military an effective veto as they have 25% of the seats.1 Nevertheless, the report provides the first official public record of proposed amendments from different political parties, and with it a set of interesting insights into the areas of possible consensus and divergence in future constitutional reform. The importance of this record is amplified by the direct connection of many of the subjects proposed for amendment to the Panglong Peace Process agenda. Thus far, the analyses of this report available publicly have merely counted the number of proposals from each party, and sorted them according to which chapter of the constitution they pertain to. But simply counting proposals does nothing to reveal what changes are sought, and can be misleading – depending on its content, amending one significant article may bring about more actual change than amending fifty other articles.
    [Show full text]
  • Martial Law and National Emergency
    Order Code RS21024 Updated January 7, 2005 CRS Report for Congress Received through the CRS Web Martial Law and National Emergency Harold C. Relyea Specialist in American National Government Government and Finance Division Summary Crises in public order, both real and potential, often evoke comments concerning a resort to martial law. While some ambiguity exists regarding the conditions of a martial law setting, such a prospect, nonetheless, is disturbing to many Americans who cherish their liberties, expect civilian law enforcement to prevail, and support civilian control of military authority. An overview of the concept of, exercise of, and authority underlying martial law is provided in this report, which will be updated as events warrant. Occasionally, when some national emergency or crisis threatens public order in the United States, the comment is made that the President may ultimately resort to imposing martial law in order to preserve discipline and good behavior. Such was the case when it was thought that year 2000 (Y2K) technology problems might result in situations threatening life, property, or the general welfare in American society. The almost flawless transition to the year 2000, of course, rendered such an action unnecessary. More recently, at least one newspaper erroneously reported that the September 14, 2001, declaration of a national emergency by President George W. Bush in response to terrorist attacks in New York City and Washington, DC, “activated some 500 dormant legal provisions, including those allowing him to impose censorship and martial law.”1 In accordance with the requirements of the National Emergencies Act, the President’s declaration actually activated nine selective provisions of statutory law, identified in his proclamation, pertaining to military and Coast Guard personnel.2 Such comments, nonetheless, suggest a consideration of what martial law constitutes, as well as when and how it might be invoked.
    [Show full text]
  • The Militarization of US Government Response to COVID-19 and What We Can Do About It About Face: Veterans Against the War March 23, 2020
    National Guard troops stand by as people wait to be tested for coronavirus in New Rochelle, New York, on March 13, 2020. Timothy A. Clary/AFP via Getty Images. The Militarization of US Government Response to COVID-19 and What We Can Do About It About Face: Veterans Against the War March 23, 2020 This statement was written by Drake Logan, a civilian ally to About Face, with input on content by About Face veteran members Lisa Ling, Krystal Two Bulls, Maggie Martin, Erica Manley, Shawn Fischer, Jovanni Reyes, Matt W. Howard, Derek S. Matthews, and Ramon Mejía. Editorial guidance was provided by Clare Bayard, civilian ally to About Face. Authorship is always collective. Summary: This document outlines six broad areas of current political need and opportunity as the US government ramps up the militarization of its response to the coronavirus epidemic. About Face is an organization of post-9/11 service-members and veterans who organize to end a foreign policy of permanent war and the use of military weapons, tactics, and values in communities across the United States. We present this statement in order to generate further conversation on these points both within and beyond our organization, as well as to enter the national media conversation on coronavirus response. Please reach out to About Face if you are a member or civilian who would like to be 1 involved in media work on these issues, or if you would like to help create further independent media. We need to begin by tackling these six areas of political need and opportunity in the time of coronavirus: (1) We need to engage in and spread praxes of community-based defense instead of militarized security.
    [Show full text]
  • Legislative Framework to Combat Public Health Emergencies in India
    Legislative Framework to Combat Public Health Emergencies in India In Light of the COVID-19 Pandemic I. Introduction The world is facing an unprecedented situation with the outbreak of COVID-19, a novel coronavirus. The virus has spread to 155 countries around the world, and as per data collected and released by the Johns Hopkins University, there are 198,155 confirmed cases of COVID-19 globally1. India too is faced with the threat of COVID-19. As per the Ministry of Health and Family Welfare, 147 people in India have contracted the virus as of 18 March 2020, and the Government of India has declared the outbreak a national “disaster”. In light of this, the biggest challenge before the Government of India right now is to contain the spread of the disease and ensure the health and well-being of its population. To achieve this objective, the Government will first need to rely on existing legislative provisions and frameworks as a means of legally taking all measures necessary to fight the pandemic. Thus, this article seeks to elaborate on and highlight the various legislative provisions that exist to help the Government of India deal with a public health emergency. Before getting into this analysis, it is important to note that India has dealt with public health emergencies before. The most recent national health emergency was during the swine flu pandemic that started in 2009. The outbreak of the H1N1 virus originated in the United States of America and Mexico, and soon spread to India. India had restricted the sale of Tamiflu (the only known drug to work against swine flu) in general medical stores out of a fear that the virus would develop a resistance to the drug if it was used excessively.
    [Show full text]
  • India Report to the Committee on the Rights of the Child in Advance Of
    India Report to the Committee on the Rights of the Child in advance of India’s initial report on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict July 2013 Child Soldiers International 9 Marshalsea Road London SE1 1EP United Kingdom Tel: +44 (0) 20 7367 4110 Fax: +44 (0) 20 7367 4129 [email protected] Director: Richard Clarke Who are child soldiers? Child Soldiers International considers the term child soldier to be equivalent to the following description of children associated with armed forces or groups: A child associated with an armed force or armed group refers to any person below 18 years of age who is, or who has been, recruited or used by an armed force or armed group in any capacity, including but not limited to children, boys and girls, used as fighters, cooks, porters, spies or for sexual purposes. It does not only refer to a child who is taking, or has taken, a direct part in hostilities. Child Soldiers International was formerly the Coalition to Stop the use of Child Soldiers. Child Soldiers International is an international human rights research and advocacy organi- zation. Child Soldiers International seeks to end and prevent the military recruitment and use in hostilities of child soldiers (boys and girls below the age of 18), and other human rights abuses resulting from their association with armed forces or groups. It seeks the release of child soldiers from armed forces or groups, promotes their successful return to civilian life and accountability for those who recruit and use them.
    [Show full text]
  • The Imposition of Martial Law in the United States
    THE IMPOSITION OF MARTIAL LAW IN THE UNITED STATES MAJOR KIRK L. DAVIES WTC QUALTPy m^CT^^ A 20000112 078 Form Approved REPORT DOCUMENTATION PAGE OMB No. 0704-0188 Public reDOrtino burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, a^^r^6<^mim\ngxh^a^BäJ, and completing and reviewing the collection of information Send comments regarding this burden estimate or any^othe aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Inforrnatior.Ope.rations and Reporte, 1215 Jefferson Davfei wShwa? Suit? 1:204 Arlington: VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Pro]ect (0704-01881, Washington, DC 20503. 1. AGENCY USE ONLY (Leave blank) 2. REPORT DATE REPORT TYPE AND DATES COVERED 3Jan.OO MAJOR REPORT 4. TITLE AND SUBTITLE 5. FUNDING NUMBERS THE IMPOSITION OF MARTIAL LAW IN UNITED STATES 6. AUTHOR(S) MAJ DAVIES KIRK L 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) 8. PERFORMING ORGANIZATION REPORT NUMBER JA GENERAL SCHOOL ARMY 9. SPONSORING/MONITORING AGENCY NAME(S) AND ADDRESS(ES) 10. SPONSORING/MONITORING AGENCY REPORT NUMBER THE DEPARTMENT OF THE AIR FORCE AFIT/CIA, BLDG 125 FY99-603 2950 P STREET WPAFB OH 45433 11. SUPPLEMENTARY NOTES 12a. DISTRIBUTION AVAILABILITY STATEMENT 12b. DISTRIBUTION CODE Unlimited distribution In Accordance With AFI 35-205/AFIT Sup 1 13. ABSTRACT tMaximum 200 words) DISTRIBUTION STATEMENT A Approved for Public Release Distribution Unlimited 14. SUBJECT TERMS 15. NUMBER OF PAGES 61 16.
    [Show full text]
  • Politics After a Nuclear Crisis
    Politics after a Nuclear Crisis by Brian Martin Depamnent of Science and Technology Studies University of Wollongong Contained in the legal systems of almost all modern liberal democratic states is the provision for extraordinary executive power to be exercised in emergen- cies. This power is variously called martial law, state of seige, constitutional emergency powers, and constitutional dictatorship. This power is designed for use both in the event of war and in the face of civil unrest, and many govern- ments make extensive preparations for these contingencies. Considering the scope and impact of constitutional emergency powers, remarkably little attention has been given to them by either supporters or critics of state power. One of the main reasons is that the problem seems remote in the lulls between emergencies, and also disturbing: Politicians certainly have nothing to gain by raising the issue.' The 1980s saw an enormous upsurge in attention to the problem of nuclear war. Yet while accounts of the physical effects of nuclear war have been innum- erable, there has been little mention of the likely political aftermath of a nuclear crisis or war: the problem of constitutional dictatorship in the nuclear age. This topic is my concern here. To justify the examination of politics during and after a nuclear crisis or war, it is first necessary to show the significant possibility that these can occur without total destruction of human society. That is my first task. After a mention of some of the connections between war and political economy, I focus on "war dictator- ship," namely, the subordination of societies to authoritarian states, which is a likely political consequence of nuclear crisis.
    [Show full text]
  • India's Internal Security Apparatus Building the Resilience Of
    NOVEMBER 2018 Building the Resilience of India’s Internal Security Apparatus MAHENDRA L. KUMAWAT VINAY KAURA Building the Resilience of India’s Internal Security Apparatus MAHENDRA L. KUMAWAT VINAY KAURA ABOUT THE AUTHORS Mahendra L. Kumawat is a former Special Secretary, Internal Security, Ministry of Home Affairs, Govt. of India; former Director General of the Border Security Force (BSF); and a Distinguished Visitor at Observer Research Foundation. Vinay Kaura, PhD, is an Assistant Professor at the Department of International Affairs and Security Studies, Sardar Patel University of Police, Security and Criminal Justice, Rajasthan. He is also the Coordinator at the Centre for Peace and Conflict Studies in Jaipur. ([email protected]) Attribution: Mahendra L. Kumawat and Vinay Kaura, 'Building the Resilience of India's Internal Security Apparatus', Occasional Paper No. 176, November 2018, Observer Research Foundation. © 2018 Observer Research Foundation. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without permission in writing from ORF. Building the Resilience of India’s Internal Security Apparatus ABSTRACT 26 November 2018 marked a decade since 10 Pakistan-based terrorists killed over 160 people in India’s financial capital of Mumbai. The city remained under siege for days, and security forces disjointedly struggled to improvise a response. The Mumbai tragedy was not the last terrorist attack India faced; there have been many since. After every attack, the government makes lukewarm attempts to fit episodic responses into coherent frameworks for security-system reforms. Yet, any long-term strategic planning, which is key, remains absent.
    [Show full text]
  • Operation Pacific Eagle-Philippines
    OPERATION PACIFIC EAGLE-PHILIPPINES OCTOBER 1, 2019-DECEMBER 31, 2019 OPE-P IN BRIEF This report submitted by the Lead Inspector General for Operation Pacific Eagle-Philippines (OPE-P) summarizes the quarter’s key events and oversight of the U.S. mission to support the Armed Forces of the Philippines (AFP) in their fight against ISIS-East Asia (ISIS-EA) and other violent extremist organizations (VEO). Terrorists Conduct Coordinated Failed Marawi Reconstruction Attacks and Combat the AFP pp. 6-7 Stokes Public Anger pp. 13-15 • Terrorists coordinated explosive attacks in Cotabato City • Many areas of Marawi have been uninhabitable since the and 2 nearby towns, wounding 17 people, the day before 2017 attack by ISIS-EA. Philippine President Duterte’s visit to the area. • Reconstruction has been delayed by multiple government • The AFP engaged in heavy fighting with VEOs on Mindanao in corruption scandals. November and December. • Government requirements have delayed returns to cleared • AFP operations overran 12 terrorist camps, killed 7 areas of the city, and only 20% of building permit terrorist fighters, and recovered caches of weapons. applications have been approved. • The AFP stopped an attempted suicide bombing in Indanan, • The U.S. Embassy in Manila stated that these delays have Sulu, killing 3 fighters, including 2 Egyptians. fueled popular anti-government sentiments and contributed to terrorist recruitment. U.S. Support to the AFP Includes Internally Displaced Persons (IDP) and ISR, Casualty Evacuation, Causes in the Southern Philippines p. 15 and Training pp. 9-10 • 2017 Marawi conflict: 70,000 IDPs • U.S. intelligence, surveillance, and reconnaissance (ISR) • Conflict between AFP and VEOs this quarter: 49,150 IDPs assistance helped the Philippine security forces neutralize 2 “significant targets.” • Earthquakes this quarter: 182,750 IDPs • U.S.
    [Show full text]