What was Article 370?
Article 370 in
Part XXI of the Indian constitution grants a
special status to Jammu and Kashmir. It is the only Indian
state which has its own separate state constitution. Article
370 came into force since November 17,
1952. To understand what is meant by the “special status”
here
are the key provisions of the Article 370:
special status to Jammu and Kashmir. It is the only Indian
state which has its own separate state constitution. Article
370 came into force since November 17,
1952. To understand what is meant by the “special status”
here
are the key provisions of the Article 370:
1. Jammu & Kashmir; is an
integral part of the Indian Union. But its area, name
and boundary can’t be altered without the consent of the state
assembly.
2. According to this article,
the central government has to get approval from the state government to
implement all other laws except defence, foreign affairs and communication in
the state.
3. Jammu and Kashmir has its
own constitution because of article 370 and its administration is run accordingly
not according to the Constitution of India.
4.
J & K has 2 flags; One of Kashmir and another is India's Tricolour flag.
5. The citizens of other Indian
states cannot buy any property or kind of any property in this state. It means,
the fundamental right to property is still in force in this state.
6. The people of Jammu and
Kashmir have two types of citizenship. One is Indian citizenship and another is
Kashmiri citizenship. Worth to mention that no other Indian can have two
citizenships simultaneously.
7. If a Kashmiri woman marries
an Indian, then her Kashmiri citizenship terminates, but if she marries a
Pakistani, it does not affect her citizenship status.
8. If a Pakistani boy marries a
Kashmiri girl, he gets Indian citizenship too
while
Indians
don’t have this privilege.
9. Part 4 of the Indian
Constitution (Directive Principal of State Policy) and Part 4A (Fundamental
Duties) are not applicable in this State.
It means the citizens of
Kashmir are not bound to save the cow, maintain the dignity of the women and
respect the National Flag of India.
10. One of the most shocking
right is that Insulting National Symbols of India (National Anthem, National
Flag etc.) in J & K does not fall under the category of crime.
11. The President of India does
not have power to declare financial emergency in the state.
12. Any amendment in the
Constitution of India does not apply automatically to J & K unless a
special order of President is not passed.
13. The Central government can
impose National Emergency in the state in two conditions only; war and external invasion.
14. The President has no power
to suspend the constitution of the state on the ground of failure to comply
with the directions given by him.
15. If the national emergency is
imposed in the country on the basis of internal disturbance; this emergency is
not applicable in the Jammu and Kashmir until it is approved by the state government.
16. The Central Government
cannot impose National Emergency in the state on the basis of internal
disturbance in the state. The central government must take the permission of
state government before doing so.
17. Only the resident of the
Kashmir can take selection in the jobs of the state government.
Why did such an article come
to existence?
Jammu and
Kashmir (J&K) also got Independence from the British rule. But then king of
Jammu and Kashmir Raja Hari Singh, a Hindu ruler of a Muslim majority state,
decided not to join the Indian union and wanted to keep his principality as
independent state.
Kashmir was invaded by the
Pakistan-backed Azad Kashmir Army on October 20, 1947 and confiscated a part of
Kashmir region which is now known
In this
situation, Maharaja Hari Singh, signed the "Instruments of Accession of
Jammu and Kashmir to India" with then PM of India, Pandit
Jawaharlal Nehru on October 26, 1947.
Under this
agreement the state surrendered three subjects (defence, communication and
external affairs) to the dominion of India.
The Article 306A was enshrined
as Article 370 in the constitution as a “temporary provision”. Sheikh Abdullah
did not want that temporary provision and insisted for guarantee of autonomy
but India did not accept that.
What is article 35A?
In 1952 "Delhi
Agreement" was signed between the then Prime Minister of Jammu and
Kashmir, Sheikh Abdullah and the Prime Minister of India, Jawaharlal Nehru. The
agreement extended Indian citizenship to the 'State subjects' of Jammu and
Kashmir. After the Delhi agitation of 1952, the
famous
’Article 35A' was added to the Constitution in 1954. The constitution of
Jammu and Kashmir was adopted on
17 November, 1956. According to this constitution, Permanent Resident (PR) of
the state of Jammu and Kashmir is a person who has a state subject on 14 May,
1954 or who has been a resident of the state for 10 years and has lawfully acquired immovable property in
the state.
Article 35A of the
constitution provide Jammu and Kashmir Legislature a carte blanche to decide
who all are 'permanent residents' of the State and confer on them special
rights and privileges in public sector jobs, acquisition of property in the
State, scholarships and other public aid and welfare. It is mandatory according
to the provision that no act of the legislature coming under it can be
challenged for violating the Constitution or any law of the land.
The main provisions in Article 35A are:
1. A person who is not a
Permanent Resident of Jammu and Kashmir can't own property there.
2. Resident of any other state
of India cannot become a Permanent Resident of Jammu and Kashmir and therefore
cannot cast vote there.
3. It forbids Indian citizens
from acquiring immovable properties and can't seek employment in the state.
4. If a girl of Jammu and
Kashmir marries to a person who does not hold a permanent resident certificate
of J&K, then she would lose her property right and their children also
become ineligible to claim the property of their mother.
Why is there a need scrap them?
In the backdrop of the Pulwama
Attack, once again the justified rage of the public turns to the “special”
status on the state of Jammu and Kashmir. Before proceeding to the crux of why
this timid stop-gap has been deleterious for the country, it must be pointed
out that radicalisation of Kashmiris is a disparate
issue,
best dealt with through the Vajpayee doctrine of “Insaniyat”, combined
with no countenance of
separatists.
However, the provision
empowering the State with ‘special’ status has always been the elephant in the
room. Jammu & Kashmir has, along with its sensitive topography, appears
like a foreign policy issue, instead of a domestic one due to its status in our
Constitution. There exists an unnecessary chasm between citizens of Kashmir and
the rest of India. It borders on being trite, but nonetheless, sadly, must be
reiterated – Article 370 and Article 35-A must go.
Article 370 details the
relationship Kashmir will share with the rest of the country; Article 35-A
grants permanent residents of Kashmir some special rights. From the get-go, the
Constitutional relationship of India with this state has been adversely lopsided.
India has already ensured the states with the Mizos and the Naga population
with constitutional safeguards (special provisions) such as protecting their
social practices India has an assortment of examples where it has performed
positive discrimination for groups (Articles 15 and 16) and as mentioned –
states.
The problem, to put it
succinctly, is that with Kashmir the positive discrimination has tended to be
insidious. Instead of taking a legislative route, Article 35-A was passed
through a Presidential order. It subverted the law- making powers of the
legislature, granted by the Constitution. They cannot amend the Constitution.
Even an ordinance, which this was most decidedly not, has to be passed by
Parliament. The order, passed in 1954 by the President, was due to fulfilling
Article 370 (1) (d). Article 370 itself was supposed to be temporary; the first
word of the Article is temporary. It still sits under Part XXI which is titled
“Temporary, Transitional and Special
Provisions “.
The state of J&K itself
has done phenomenally well on its indicators as an Indian state should. It has
grown by almost 7% last year, ensured a greater number of schools per household
and even health and connectivity outcomes have outperformed expectations. A big
reason is that it is also heavily subsidized by the Centre. A study showed that
it has received, from 2000-2016, 10% of all Central funds despite having 1% of
the population. It is an economic powerhouse waiting to be unleashed. Article
370, very obviously, however, is still an impediment in restricting private or
global investment into the state.
If Indians (non-Kashmiris) cannot
invest in land or property, how can manufacturing firms or multinational
corporations? These might have provided jobs to the young people of Kashmir. It
also stops public colleges such as medical colleges from adequately fulfilling
vacancies. Professors cannot be hired from outside the state except in
extremely low quotas. These and many more ensure that unemployment increases,
which make the advent of radicalization, more viable. Hence, Article 370, the
pernicious basis of Article 35-A must go.
Article 370 itself is gender
neutral, but the way permanent residents are defined in the state constitution
based on the notifications issued in April 1927 and June 1932 during the
Maharaja’s rule — seems biased against women. The 1927 notification included an
explanatory note which said: “The wife or
a
widow of the state subject …
shall acquire the status of her husband as state
subject of the
same class as her husband, so long as she resides in the state and does not
leave the state for permanent residence outside the state.” This was widely interpreted
as also suggesting that a woman from the state who marries outside the state would
lose her status as a state subject.
The only way to repeal Article
370 would be by the President through a notification but not without the
concurrence of the Constituent Assembly of Jammu and Kashmir. The Constituent
Assembly, of course, disbanded in 1956 and almost all members are presumably
dead. Before dissolution, the Constituent Assembly neither recommended
abolishing Article 370 neither, did they advocate for it to be permanent. As
for Article 370, 45 Presidential Orders have been used to extend components of
India’s Constitution into J&K. Almost all Union List subjects are
applicable, most of the Concurrent List ones, a handful of Schedules and 260 of
395 Articles. Article 370, via orders, has been modified so many times, it can
be expelled from the Constitution as well without taking ‘concurrence’ of the
now-defunct Constituent Assembly. The Constitution has been recognised as a
living document, after all.
Valmikis (Dalits) were
brought to Jammu and Kashmir (J&K) in 1957 by the State Government. From
that time, the present and future generations are compelled to become sweeper
and that too only in the Municipality of Jammu. Valmikis are not given the
Permanent Resident Certificate (PRC) and they are eligible only for the post of
'sweeper'. This leaves them with only one option that is to take the broom and
clear the dirty streets of Jammu. The youth of this community in J&K may be
qualified to become teachers, lawyers, doctors, engineers yet they are eligible
for the post of sweeper only. There are West Pakistan Refugees and Gorkhas, and
the PRC is not conferred on them, as a result, they are not entitled to
property rights; employment in state government; participation in Panchayat,
municipalities and legislative assembly elections; admission to government-run
technical education institutions; scholarships and other social benefits,
voting rights, right to join central services. Women in J&K cannot choose
her life partner outside the state. All of this is happening due to the
implementation of Article 35A in the state of J&K. This article is
unconstitutional, discriminatory and biased.
Removal of article 370 – the importance
As the matter of point, Article
370 should be removed from Constitution of India, as Jammu and Kashmir is also
a part of our country. It also has many other cons as, because of Article 370,
there are very less industries, which is directly related to employment. This
means that because of this provision, people have to migrate to other states in
search of jobs. Also, it has become a
terrorist prone region because of
this Article. Due to Article 370, RTE, RTI, CAG and many Indian laws aren’t applicable
in Kashmir which has a situation of corruption.
Some more reasons
as to why the Article should be removed are:
1. The state, upon removal,
will prosper economically and socially.
2. Social amalgamation will
reduce the threat of militancy.
3. Kashmir could be one of the
top tourist destinations after complete development.
4. It will also prove to be
good diplomacy to deal with Pakistan over territorial disputes.
5. It will politically give
chance to all parties to rule the state and allow its development.
There could be many other
minor or major advantages of abolishing Article 370 and give full course to
J&K to prosper.
What were the changes made in article 370?
Article 370 has
not been removed from the constitution of India, which is becoming the general
perception of people. Article 370 had 3 sub-sections:
Temporary provisions with respect
to the State of Jammu and Kashmir
(1) Notwithstanding anything in this Constitution-
(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to-
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.
Explanation.--For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948;
(1) Notwithstanding anything in this Constitution-
(a) the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir;
(b) the power of Parliament to make laws for the said State shall be limited to-
(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.
Explanation.--For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja's Proclamation dated the fifth day of March, 1948;
(c) the
provisions of article 1 and of this article shall apply in relation to that State;
(d) such of the other provisions
of this Constitution shall apply in relation to that State subject to such
exceptions and modifications as the President may by order specify:
Provided that
no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph
(i) of sub-clause (b) shall be
issued except in consultation with the Government of the State:
Provided
further that no such order which relates to matters other than those referred
to in the last preceding proviso shall be issued except with the concurrence of
that Government.
(2) If the concurrence of the
Government of the State referred to in paragraph
(ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before
the Constituent Assembly
for the purpose of framing the Constitution of the State is convened, it
shall be placed before such Assembly for such decision as it may take thereon.
(3) Notwithstanding anything in
the foregoing provisions of this article, the President may, by public notification,
declare that this article shall cease to be operative or shall be operative
only with such exceptions and
modifications and from such date as he may specify:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall
be necessary before the President issues such a notification.
After the abrogation of this
article only its first section now exists.
How was article 370 abrogated?
Article 370(3)
gives the President the power to modify or
remove this article but only on the recommendation of the
Constituent Assembly of Jammu & Kashmir. On
November 17 1956 the constituent assembly of Jammu &
Kashmir adopted and ratified Mir Qasim’s resolution to
dissolve itself. According to that resolution the constituent
assembly of Jammu and Kashmir ceased to exist on
January 26 1957. As the Constituent Assembly of J & K
didn’t exist anymore, the President couldn’t exercise this power.
remove this article but only on the recommendation of the
Constituent Assembly of Jammu & Kashmir. On
November 17 1956 the constituent assembly of Jammu &
Kashmir adopted and ratified Mir Qasim’s resolution to
dissolve itself. According to that resolution the constituent
assembly of Jammu and Kashmir ceased to exist on
January 26 1957. As the Constituent Assembly of J & K
didn’t exist anymore, the President couldn’t exercise this power.
But the BJP led
government brought a change in it
through a constitutional order.
through a constitutional order.
Which meant that the instead of the Constituent Assembly’s
recommendation
now the president required the
permission of the Legislative Assembly.
As Jammu &
Kashmir was already under Presidential
Rule under Article 356 which also says that power of the
Legislative Assembly transfers to Parliament. And
therefore the current government was able to bring the
current changes in Article 370.
Rule under Article 356 which also says that power of the
Legislative Assembly transfers to Parliament. And
therefore the current government was able to bring the
current changes in Article 370.
Security Situation prior to the 370 fiasco
The security situation in the
State witnessed an improvement in the first half of this year over the
corresponding period of 2018. Net infiltration reduced by 43% and local
recruitment declined by 40%. Terrorist initiated incidents declined by 28%.
Actions initiated by the security forces witnessed an increase of 59% and
resulted in 22% increase in neutralization of terrorists.
The security forces started to
take proactive action against terrorists. Due to concerted and synergized
efforts of security forces, 126 terrorists were neutralized in the state of
Jammu and Kashmir since January, 2019 till 14th July, 2019. However, during
these operations, 75 security forces personnel have been martyred that includes
40 security forces personnel martyred in Pulwama Attack.
Government took various
measures, such as strengthening of security apparatus, strict enforcement of
law against anti-national elements, intensified cordon and search operations to
effectively deal with the challenges posed by the terrorist organizations. Forces
keep a close watch on persons who attempt to provide support to terrorists and
initiate action against them.
In preparation for this move, the
state witnessed increased security deployment over the course of time while top
political leaders were placed under house arrest that night and curfew was
imposed on subsequent morning. Modi government's decision will have a big
impact on the lives of Kashmir residents.
In order to bring about overall
development for the benefit of people of Jammu and Kashmir and to bring the
Kashmiri youth in the mainstream the Prime Minister announced a package of Rs.
80,068 crores. This package consisted of 63 major development projects in Road
sector, Power generation and transmission, health infrastructure, establishment
of 2 AIIMS, IITs,
IIMs and tourism related projects
etc. Training and employment opportunities for the youth of Jammu and Kashmir
are also provided under many schemes such as HIMAYAT and PMKVY. In order to
mainstream the youth, special emphasis is being given to Watan Ko Jano program, student exchange program, sports as well as
civic action program of CAPFs.
Internal Security
Prime Minister Modi’s recent
decision to scrap Articles 370 and 35A of the Indian Constitution, which gave
Jammu and Kashmir special status, has stirred controversy across the political
spectrum. While supporters of the initiative emphasise that the move fulfils a
campaign promise of the Bharatiya Janata Party, which was returned for a second
term with an increased vote share of six per cent, critics see it as the
prelude to a shift to majoritarianism. On
the external front, the move is
being commended for taking advantage of Pakistan’s focus on its western flank
and the end game in Afghanistan, and for changing the issue of Kashmir from
being a dispute with Pakistan to an internal matter. To critics, however, the
reduction of the state of Jammu and Kashmir to the status of a union territory
– truncated by the slicing off of Ladakh – does not end the issue of Kashmir
being the source of an international dispute and that it is only a matter of
time before Pakistan makes its presence felt, possibly through renewed
conflict, either directly or through proxies.
Pakistan which has underplayed
the changes effected by India, will, over time, reactivate the proxy war and
upset India’s calculation that its move will end the problem of Kashmir. Since
this is a somewhat obvious conclusion, the sources of India’s action are not to
be found in strategic calculus as much as in the current administration’s
ideological underpinnings. The BJP’s strategy, informed as it is by Hindutva ideology, is not about
restoring stability to
Kashmir as it claims, but to
heighten the instability inherent in the situation, thereby inducing Pakistan
into a proxy war. If that were to happen, it could pay an internal political
dividend by allowing the BJP to reshape secular India into its aspirational Hindutva-based form and, externally,
place Pakistan in a corner, forcing it, once again, to prosecute a war.
A Situational
Update
Kashmir is in lockdown at this
time, with around fifty thousand additional paramilitary troops deployed to the
union territory to prevent unrest.
Communication networks have
been disabled in order to mute anticipated adverse reactions of Kashmiris. The
centrally-appointed authorities, in office since central rule began over a year
ago, have correctly assessed that some Kashmiris are liable to revolt after
being deprived of the limited autonomy they enjoyed until now. This is
particularly the case as they were neither consulted on nor endorsed the
political re-engineering
of their relationship with the
rest of India. Sensibly, the authorities have taken around five hundred
mainstream political leaders and separatists into preventive custody, including
three former chief ministers, who are being held incommunicado and without
charge.
that resulted in a further
clamp-down during the Eid festival, with the traditional prayers at the
historic Jamia Mosque in Srinagar being disallowed in favour of prayers at
smaller, local mosques. While information is scarce, there are reports of
dozens of people being injured by pellet guns fired to put down incidents after
prayers on both days.
The state has had a public run-in
with international media, initially disputing its reporting on such incidents,
but admitting later to one that involved around two thousand protestors at
Soura, Srinagar. In a video of the incident, automatic gunfire can be heard in
the background, indicating ham-handed, if not high-handed, crowd control
measures being enacted. The government correctly anticipated the delicate
situation would last until the end of the week, with the independence days of
Pakistan, which Islamabad is observing as one of solidarity with Kashmiris, and
India being observed on 14 and 15 August, respectively.
The India-Pak strategic tryst
Pakistan has initiated
diplomatic moves to counter India’s actions. It has written to the UN
Secretary- General and drawn the attention of the Security Council to the
events in Kashmir. It has downgraded its diplomatic ties to India, reduced
bilateral trade and terminated train and bus services between the two
countries. However, stowing away it’s tried and tested proxy war option now
would be untimely.
Its Foreign Minister,
returning from his trip to China, visited Pakistan- administered Kashmir, where
he dampened expectations of any more vigorous Pakistani action, thereby hinting
that the international environment was averse to harsher steps by Pakistan.
Since Pakistan is compelled to be restrained in its reaction, it needs to
divert the energy of anti-India proxy groups towards Kashmir. Pakistan cannot
risk inaction, since the anger of the jihadi proxies, who are otherwise good terrorists, being anti-India, would
likely be turned inwards. Pakistan would not like to reprise its operations
against the “bad terrorists” since 2014. It would prefer to direct such energy outwards.
While Indian troops are on the
alert for now, how this situation will play out will be known by the onset of
the Northern winter.
Since the insurgency has been
waning lately owing to India’s suppressive template, Pakistan would have to
infuse it with both fighters and materiel soon if it is to be kept going. That
may entail the creation of a crisis along the LoC,
under cover of which Pakistan
could infiltrate reinforcements. That manner of infiltration will likely prove
expensive, if not altogether disastrous, since Indian counter-infiltration
measures have been strengthened. The paramilitary forces that have been re-located
to Kashmir have likely removed the protective tasks that were imposed on the
Indian military, enabling its own redeployment forward. Therefore, an attempt
to cast a lifeline to the insurgency may be in the offing.
Such a crisis could likely be
created after the annual face-off between the two countries at the UN General
Assembly meeting, that this year is being
addressed by India’s Prime
Minister. By then the financial action task force meeting would be behind it.
Pakistan would also by then have the alibi of having tried the diplomatic route
and found it wanting. In case the prospects of a return to peace in Afghanistan
brighten, some of the jihadists released in anticipation of the return to peace
could be redirected towards the worsening situation in Kashmir.
India’s Internal Security Challenge in Kashmir
The intervening period could
well see outbreaks of unrest in Kashmir rival the period at the onset of the
insurgency in the early 1990s. Such levels of disaffection were witnessed most
recently in late 2016, when close to 100 rioters were killed. That figure was
just short of the lower estimate reached in 2010, when Kashmiris agitated over
the killings of three of their people by security forces at Machhil on the LoC.
This time round the angst may be higher. The firmer the clamp-down by the
state, the more anger would likely be visible on the street. The current
curfews will have to be partially lifted some day and those held in preventive
detention will have to be progressively released, whereupon it would be clearer
as to whether India has bargained sensibly.
India has incentivised stability
by promising a reversion to statehood in the future. The levels of distrust its
action has generated will unlikely be placated by its promises of development
and security. Although the Modi Administration was expected to trifurcate the
state if it did anything at all in that regard, Kashmir has been yoked yet
again with Jammu region, but without the autonomy it previously enjoyed. This
has enabled the government to use the Jammu region and its Hindu majority to
offset the political clout of the majority Kashmiris. The government is also
looking to progress a delimitation of constituencies in order to rejig the
assembly of the union territory in such a
manner as to whittle the
political power of the Kashmiris that derives from their numerical majority.
Anticipating the political
fallout brought about by the setback to their political clout, Kashmiris are
unlikely to acquiesce to New Delhi’s moves and would use agitation and
insurgency against it. India would be hard put to organise elections, as
announced by the Prime Minister. The resulting assembly would be dominated by
Hindus from Jammu, with Kashmiris likely boycotting the vote. It is difficult
to visualise how such an outcome could be described as a
‘political solution’. In other
words, the ‘permanent solution’ – as the Defence Minister described it –
foisted by the Indian Government on the Kashmiri people will hardly gain
traction, and any new local government would lack legitimacy. The assumption
that, as a union territory, better governance could replace the will of the
people is questionable.
Even so, the attractiveness of
the move would depend on development being successful. An investor summit has
been announced for October. India’s largest corporate house has stepped up,
offering to invest in Kashmir. An increase in investment in Kashmir is envisaged
now that the land ownership, previously restricted to state subjects, has been
thrown open. This is yet again wishful thinking, since no investment is likely
in an insecure setting. Besides, India’s economic climate is deteriorating. The
unrest and insurgency would need to be tackled first. Absent meaningful
political action, development is no substitute. What has transpired so far in
Kashmir cannot constitute a political solution since it serves more to
aggravate than assuage.
Conclusion and Way Forward
It’s not that the Kashmir issue
is the only internal security concern of India. In the past, India has
successfully neutralised the Khalistan movement and has also contained the
Maoist rebellion to few regions.
These
successes give us valuable insight into how internal security should be
approached. An analysis of these movements reveals the state police plays a
major leadership role in tackling such problems.
The Khalistan movement was
crushed by the state police by neutralising armed separatists in the inner
cordons during operations under the leadership of KPS Gill, the then deputy
general of police, Punjab, while the Army and Central Armed Police Forces
(CAPF) operated in the outer cordon.
The Andhra-Odisha border area is one of India’s worst-hit areas as far
as
Maoism is concerned. But last
five years’ data from the most-affected districts of this region show that
Naxalism is at its lowest ebb.
There were 16 civilian
killings in Malkangiri district of Odisha in 2015 that came down to six in 2018
and three in 2019 till June 30. Similarly, the number of police personnel
killed in 2015 in Malkangiri was three which is reduced to zero in 2018. There
have been zero fatalities this year till now.
In Vishakhapatnam, civilian
killings in 2010 was 11 which reduced to two in 2018 and one in 2019 till June
30. In Odisha’s Koraput district, civilian killings have been reduced from nine
in 2014 to zero in 2018. No such deaths have been registered this year, till
now.
Simultaneously, in the last five years, 44 Maoists were
neutralised in Malkangiri and 14 in Koraput. The above figures clearly show
that the movement has been hit hard in its hotbed. These details also reveal
how state police forces like Greyhounds of Andhra Pradesh and Special
Operations Group (SOG) of Odisha have been successful in countering the Maoist
menace, while Punjab police could do the same against the Khalistan movement.
An analysis of data of the
last 10 years in the Andhra-Odisha border shows that 99% of successful
encounters and arrests of Maoists have been done by the specialised units of
state police forces like Grey Hounds, SOG or District Voluntary Force.
Central Paramilitary Forces
conduct mostly area domination exercise and ground-holding activities. The same
is true for Punjab where Khalistan Separatist movement was curbed mostly by
Punjab Police, while the CAPF or Army operated in the outer cordon.
The second-best reason for
success in curbing the Red rebellion in the area is the strategy adopted by the
Andhra Pradesh and Odisha governments of putting young IPS officers in the
frontline of combat. Most of them were appointed as officers on special duties
and superintendents of police in the Maoist-affected areas.
The Jammu and Kashmir Police
is one of the most professional combative police forces in the country that
operates mostly in the inner cordon during anti- terrorism operations and most
of the success stories of eliminating terrorists in the Valley may be
attributable to their intelligence and valour. Now, with the repeal of Article
370 and creation of the Union Territory of Jammu and Kashmir, the subject of
police and public order falls exclusively within the domain of the Centre and
this provides the Modi government with an opportunity to set up an
administrative structure that gives prominent role
to the state police in tackling
internal security/terrorism issues of the region which may be like this.
(i)
State police should play prominent role in managing the situation.
(ii)
Co-ordination among various security forces in the region should be
done by the state police.
(iii)
It should be the lead agency in intelligence sharing.
(iv)
Further strengthening and modernising of Jammu and Kashmir Police.
(v)
Creation or upgrade of specialised trained units within Jammu and
Kashmir Police on the lines of Greyhounds and SOG, though the former has its
own SOG unit. These elite units would be better placed to deal tactically with
terrorism.
(vi)
CAPF may be initially put in area domination and in support system to
frontline state police forces so that specialised teams can sustain the
operations for a longer period.
(vii) In the long run, after their
academy training, young IPS officers may be deputed in the frontline team of
CAPF for two-three years as assistant commandants or deputy commandants and
lead the operations. The success of state police forces in combat activities in
Maoist areas are mainly attributable to the age profile of the state police
personnel and young IPS officers of district police or specialised state forces.
(viii) Capacity building of the
state police personnel in social media monitoring via which young minds are
radicalised and attracted towards ideology of terrorism. Every district should
have a well-equipped and active social media cell under the supervision of
District Superintendents of Police.
(ix)
State police should play pro-active role in educating people on the
role played by the Union of India in combating terrorism and bring in good
governance to the region. Further, the youth should be made aware of the
atrocities committed by terrorists in the region and their modus operandi.
(x)
On the border front, the Army needs to enhance its dependence on
technology-based solutions, finding the hotspots and working on them, fixing
the pores wherever they are and work on innovative intelligence strategies like
social media monitoring, wide CCTV coverage and penetration into their cadres.
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