5.3 Various security forces and Agencies and their mandate; Linkages of Organised Crime with Terrorism
CA : April 2019 Onwards
- Spike-LR Anti-Tank Missiles Israel and Igla-S Very Short Range Air Defence Systems (VSHORAD) Russia
- Defence 002 Planning Comm.(DPC) recom policy measure to improve preparedness
- Hooda document report for true security to people. Recomm :
- military joint manship (Co Defence Staff) (3 services),
- cultural change in defence production (DRDO), defence cyber agency
- bring civil society family educationists etc to curb radicalisation
- Integrated Battle Groups(IBGs) to be structured : Brigade size, self-sufficient combat function; task, terrain specific w both defence and offensive capabilities.
- CoDS (CDS) : 1st envisaged in Kargil Review Committee, oversees the coordination of all 3 services. Adv : effective leadership, seamless advice, services chiefs would spend more time on operational role becomes counter-productive
- Displaced Families of (PoJK) and Chhamb under the PM's Development Package 2015. Will get one time fin assistance, enable them to earn a reasonable monthly income scheme
- Helping the civil administration is the secondary task of the Armed Forces, National Crisis Management Comm NCMC is final authority to decide the no of personnel to be deployed for such task.
- Border adjustment tax (BAT) on imports in addition to customs levy
- Narcotic Drugs and Psychotropic Substances NDPS 1985 made to fulfill treaty obligation of UN; Centre regulates movt, cultivation, declare any substance as narcotics; Both Centre and States appt officers for purpose of Act.
- IN part of 16 bilateral pacts to fight drug trafficking ex SAARC, BRICS Colombo plan, ASOD etc.
- SIMS or Seizure Information Management System has data for seizure data
- Multi Agency Centre MAC common counter terrorism grid under IB made operational in 2001 after Kargil war. 28 orgs are part of it who share real time intelligence input.
- IN part of 16 bilateral pacts to fight drug trafficking ex SAARC, BRICS Colombo plan, ASOD etc.
Organized Crimes Link with Terrorism CA April 2019 - Jan 2019
- Masood Azhar designated global terrorist by UNSC for support JeM funding operating, recruiting for Al-Qaeda in Afghanistan, selling arms ammo. Not acting on terrorists like these was the reason why Pakistan still on FATF Grey list.
- The Sanctions Committee UNSC Resolution 1267 in 1999. Consequences: assets seized, travel ban, arms embargo, domestic immobilization.
Static - Security Forces, Agencies Their Mandates
- Indian Armed Force
- Army, Navy, Air Force, Coast Guard
- CAPF
- Assam Rifles, BSF, CISF, CRPF, ITBP, NSG, SSB
- todo ⏫
Static - Linkages of Organised Crime w/ Terrorism
- Sponsors terrorists through smuggling drugs, arms, human beings,
- Extortion, Kidnapping, counterfeit currency, Hawala,
- todo ⏫
PYQ
| Human rights activists constantly highlight the view that the Armed Forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human rights abuses by the security forces. What sections of AFSPA are opposed by the activists? Critically evaluate the requirement with reference to the view held by the Apex Court. | 2015 |
Answers and Analysis
- Human rights activists constantly highlight the view that the Armed Forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human rights abuses by the security forces. What sections of AFSPA are opposed by the activists? Critically evaluate the requirement with reference to the view held by the Apex Court. (मानवासधकार सहरियतावादी लगातार इस नवचार को उजागर करते हैं हक सिस्त बल (नविेष िक्तियाँ) असधननयम, 1958 (ए.एफ.एस.पी.ए.) एक रिू र असधननयम है, जजससे सुरक्ा बलो के द् ं ारा मानवासधकार दरुपयोगो ु के मामले उ ं त्न्न होते हैं। इस असधननयम की कौन-सी धाराओ का स ं हरियतावादी नवरोध करते हैं? उच्चतम न्ायालय के द्ारा व्यति नवचार के सं दभ्भ में इसकी आवश्यकता का समालोचनात्मक मूलांकन कीजजए।) 2015
• Section 4 of the AFSPA gives the armed forces sweeping powers to search any premises, arrest without warrant and even open fire if they feel that it is necessary for the maintenance of public order.
• Section 6 of the AFSPA states that no prosecution, suit or other legal proceedings shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by the Act.
• Section 7 of the AFSPA states that no suit, prosecution or other legal proceedings shall lie against any person in respect of anything done or intended to be done in good faith under this Act.
• Section 8 of the AFSPA states that no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces in the discharge of his duty except with the previous sanction of the Central Government.
• Section 9 of the AFSPA states that no proceedings whatsoever shall be instituted in any court against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.
• Section 10 of the AFSPA states that no person accused of any offence shall be apprehended without a warrant.
• Section 11 of the AFSPA states that no person accused of any offence shall be detained in custody for a period exceeding 24 hours without the authority of a magistrate.
• Section 13 of the AFSPA states that no civil court shall have jurisdiction over any matter which the armed forces are empowered by the Act to determine.
• Section 14 of the AFSPA states that no person shall be prosecuted or punished for any act done or purported to be done in exercise of the powers conferred by the Act.
The Supreme Court of India has held that the AFSPA is a valid piece of legislation and is not violative of the fundamental rights guaranteed under the Constitution. The court has also held that the provisions of the Act are not arbitrary or oppressive and are in consonance with the principles of natural justice. The court has further held that the powers conferred on the armed forces are necessary for the maintenance of public order and the security of the State. The court has also held that the provisions of the Act are not intended to be used for the purpose of punishing innocent citizens and that the powers conferred on the armed forces should be used only in exceptional circumstances and with utmost caution. The court has also held that the provisions of the Act should be interpreted in a manner that ensures that human rights are not violated. [Naga People's Movement of Human Rights v. Union of India (1998) 2 SCC 109.]