UPSC Mains Daily Answer Writing (28-12-2022) - GS 3


Questions

Q1. How are internal security challenges related to peace in neighboring countries and regional stability? Explain with special reference to Taliban’s takeover of Afghanistan. (150 words) 10 marks

Q2. The misuse of Unlawful Activities (Prevention) Act (UAPA) 1967 to label protests as terrorist acts can put democracy in peril. What sections of UAPA make it a threat to democratic rights? Critically analyze the issues related to UAPA while evaluating the requirement of such a stringent law. (150 words)  10 marks


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Model Solutions

Q1. How are internal security challenges related to peace in neighboring countries and regional stability? Explain with special reference to Taliban’s takeover of Afghanistan. (150 words) 10 marks

Model Structure
Introduction:

  • Internal security, peace and prosperity of a nation invariably depends on the conditions in neighboring countries and broader regions.
  • Instability in erstwhile East Pakistan (now Bangladesh), civil war in Sri-Lanka, refugee crisis of Myanmar, piracy off-coast Somalia etc. are few examples showing this interconnection.

Main Body:

  • Takeover of Afghanistan by Taliban has potential to destabilize the entire region and threaten India’s internal security as explained below:
    • Security on Borders: A volatile region poses threat of infiltration by terrorists, drug syndicates or refugees.
      • For example, Taliban’s takeover of Afghanistan in the 1990’s pushed a wave of insurgents into Jammu & Kashmir through Pakistan.
    • Organized Crime: As per a report of a UN Monitoring group, Taliban derives 50% of its revenues from taxes on poppy cultivation.
      • Large syndicates of organized crimes are involved in operationalizing this trade.
    • Anti-democracy: Regressive political ideology in neighboring nations can have a ‘demonstration effect’ on populations residing in bordering areas.
      • For example, the rise of Taliban in 1980s and 90s is often related with growth of Islamist movement in Jammu and Kashmir.
    • Regional instability: Countries like China fear that the rise of Taliban might influence its restive Muslim populated Xinjiang region.
    • Refugee Crisis: Porous borders between Afghanistan and Pakistan can become a passage for people fleeing the Taliban regime to seek shelter in India.
  • Internal security challenge arising out of Taliban takeover of Afghanistan can be better managed by:
    • Diplomatic Channels: Engagement with like-minded nations to put pressure on Taliban to keep a check on-
      • Its criminal activities promote democracy and ensure that Afghan land is not used against India.
    • Intelligence Grid: India must improve coordination and information exchange between domestic and international intelligence agencies.
      • Full activation of NATGRID is important.
      • Financial transactions of the Taliban must be monitored.
    • Operationalization of CIBMS (Comprehensive Integrated Border Management System) for better border management.

Conclusion:

  • The National Security Council and the Cabinet Committee on security must formulate a counter-strategic program against security threats from Taliban.

Q2. The misuse of Unlawful Activities (Prevention) Act (UAPA) 1967 to label protests as terrorist acts can put democracy in peril. What sections of UAPA make it a threat to democratic rights? Critically analyze the issues related to UAPA while evaluating the requirement of such a stringent law. (150 words) 10 marks

Model Structure
Introduction:

  • UAPA 1967 was formulated to strengthen the security framework of the country and preserve the unity and integrity of the nation in the backdrop of the Nagaland crisis.
  • However, civil society, constitutional experts and judiciary have criticized that UAPA is often misused to curb democratic protests.

Main Body:
The provisions of UAPA that make it a threat to the democratic rights are :

  • The vague definition of terrorism: The definition of terrorism in Section 15 of UAPA is indefinite and comprehensive.
    • It covers almost every kind of violent act, be it political or non-political.
  • Arrest without warrant: Under section-43A and section-43B of UAPA, the police are empowered to search, seize and arrest any person without a warrant.
  • Judicial custody without filing charge: Under section-43D police are empowered to detain the accused in police custody for 30 days and in judicial custody for 180 days without the charge sheet.
  • No anticipatory bail: Section 43D (5) does not allow bail for a person who is accused of an offense punishable under chapters IV and VI of UAPA.

Issues about the provisions of UAPA mentioned above:

  • Dilution of the principle of ‘’presumption of innocence’’
  • Misuse for curbing dissent and suppressing fundamental rights.
  • Frivolous filings: Only 2.2% of individuals are convicted of 5922 cases in 2019-20.
  • Reluctance of trail courts to grant bail. Example: Stan Swamy case.

However, UAPA is essential in the in the current security scenario due to:

  • Serious consequences of terrorist acts demand a certain degree of strictness in legislation. Misuse of law can not be a ground for abolition of law.
  • Maintaining sovereignty and integrity: It is needed to curb any secessionist activities in India.
    • For instance, some insurgents in Nagaland still demand a separate nation called The Greater Nagalim.
  • Supporting investigation agencies: The law provides greater powers of search, seizure, and detention.
    • These are beneficial for aiding the investigation and preventing the occurrence of a bigger crime.
  • Backing of the constitution: Article 19(2) of the constitution provides reasonable restrictions on Freedom of Speech and Expression such as sovereignty and integrity.

Conclusion:

  • Parliament should rectify the anomalies and vague provisions for improving the interpretation. The government needs to educate the law enforcement authorities to prevent the misuse.
  • Considering the increasing spectrum of security threats, India must keep this law with certain modifications by balancing security interests of the nation and fundamental rights.
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