Monday, 28 August 2017

Counterfeiting, Piracy & Smuggling - Growing threat to national security

Terrorism is a well-known problem that is prevailing around the world and poses an imminent threat to civilians, the industry and governments. Terrorist organizations may operate with different operational goals including regional, ideological or economic. However, to carry out their operations, they require large amounts of financing.
The costs incurred by terrorist organizations can be divided into direct and indirect costs. The direct costs incurred by terrorist organizations include those of materials used in attacks, e.g., explosives, vehicles, weapons, communication equipment, etc. The indirect costs incurred, which are usually much higher than direct ones, include those of running terrorist organisations, including recruitment, training, propagation of agenda, cost of inactive terrorist cells, etc. As per news and media reports during the past several decades and cases disclosed by law enforcement agencies, terrorist organizations raise funds from a wide range of sources, largely from state funding and donations and charities. However, in the past few decades, they have expanded their funding avenues and have been actively using counterfeiting, piracy and smuggling as means of funding their operations.
During the past few decades, leading intelligence and law-enforcement agencies around the world have found conclusive evidence of the increasing involvement of terrorism organizations in counterfeiting, piracy and smuggling activities to fund terrorist attacks. While several counterfeiting outfits are transferring portions of their proceeds to terrorist organizations, some of these are set up for the sole purpose of financing terrorism. Counterfeiting of drugs, luxury goods, cigarettes, etc., is a major source of contribution to funding extremist groups. Similarly, smuggling of goods is used by terrorist organizations to raise funds and launder proceeds from other businesses, and use these to finance terrorism. Investigations by law enforcement agencies the world over have revealed that smuggling of gold, cigarettes, oil, precious gems and stones, music and film DVDs, narcotic drugs, etc., are the major contributors to financing of terrorism.
As per the recent news reports, apart from their direct involvement in counterfeiting, piracy and smuggling to raise funds, terrorist organizations have increasingly begun to develop strong linkages with organized crime and mafia organizations to fund their operations. Given their vast network, it is easier for organised crime outfits to raise funds through counterfeiting, piracy and smuggling, which are then laundered to finance terrorist organizations.
India has taken several initiatives to curtail the menace of counterfeiting, piracy and smuggling, and its nexus with financing of terrorism. The Government has passed and enacted several laws and enforcement agencies have been enabled to detect and prevent counterfeiting, smuggling and financing of terrorism. Significant technological advancements have been made by the industry and the Government, which has implemented capacity-building measures to create awareness among consumers, industry and enforcement agencies to sensitize them about this menace.
FICCI’s Committee against Smuggling and Counterfeiting Activities Destroying the Economy (CASCADE) has released a landmark study in 2013 on the Socio-Economic Impact of Counterfeiting, Smuggling and Tax Evasion in India. The study also recommends concrete steps to be taken by the Government in order to curtail such activities. In addition to efforts made till now, it is essential for the Government and industry to collaborate on tackling the menace of counterfeiting, piracy and smuggling. Some effective measures could include:
 Setting up of government agencies that are solely responsible for preventing counterfeiting and piracy  Strengthening laws and regulations to aid enforcement agencies in investigating and prosecuting perpetrators of such crimes
Working on creation and implementation of standard technical solutions for anti-counterfeiting / piracy and smuggling to be adopted across industry sectors  

Creating awareness among consumers and enforcement agencies on the importance of effectively tackling counterfeiting, piracy and smuggling  This knowledge paper explores the dimensions of financing of terrorism through counterfeiting, piracy and smuggling. Due to the sensitivity of the topic, our analyses are presented from the qualitative point of view, based on secondary research carried out in the field.


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MATATAG: Emerging Challenges to Legitimate Business in the Borderless World,Counterfeiting & terrorism,Illicit Trade and Terrorism Financing,Counterfeiting, Piracy and Smuggling in India,Counterfeiting smuggling and piracy in india - Effects and Potential,Emerging Challenges to Legitimate ,usiness in the Borderless World,Smuggling, piracy hindering India's manufacturing growth,Counterfeiting, piracy and smuggling used to finance terror,Smuggling, counterfeiting & piracy are economic cancers

Internal Security – Need for Course Correction


India is on a surge; a great destiny awaits it. If there is one single factor that could negate or retard it, it will be its failure to govern itself. Ensuring safety and security of its people, upholding the rule of law, managing change with order and ensuring legitimacy of power by those who wield it shall be critical components of that governance. Should it fail to happen, history will once again lament India couldn’t do what it could.
In post war period, internal security has become primary source of degradation, destabilization and retardation of the states as against external aggression. More than 80% of the states during this period faced state failure, disintegration, break down of their political or constitutional systems consequented by internal conflicts and violence. The causative factors leading to internal security dysfunction ranged from political turmoils, sectarian violence, economic deprivation or social breakdowns. Significantly, while the internal fault lines provided the basic munition, the external factor often catalyzed the process to make it decisively unmanageable. Failure to address the external factor in internal security management made the states to lose their capacity to control the avalanche that initially appeared as a trickle. In the evolving security setting, the conventional law and order approach is increasingly proving to be grossly inadequate to meet the new generation Internal Security threats.
Management of Internal Security – New Realities:
India, in architecting its internal security doctrines, systems and policy needs to factor in the following:
  • Wars are increasingly proving to be cost ineffective instruments of achieving strategic and political objectives. With the emergence of Fourth Generation Warfare (4GW), a fight against an invisible enemy, hidden within the civil society, the consequences of wars can be highly unpredictable with no assured guarantee of success to the stronger. Defeat of Soviet Union by religious irregulars in Afghanistan, American experiencing in Vietnam, Iraq and Afghanistan, Pakistani army losing out to Shanti Bahini in Bangladesh etc. are illustrative of the limits of military power against Fourth Generation Warfare.
  • Civil society has become the battle grounds whose control is sought both by the violent anti state groups and the state. It has given rise to the doctrine of proxy war. Hostile states, to bleed their adversaries, are increasingly patronising armed groups operating in their enemy countries. It has opened a new window of opportunity to weaker powers to take on their more powerful adversaries in what we call as asymmetric warfare. In these, weaker states can bleed their more powerful adversaries through Covert Action (CA) at a low cost, in a sustained manner and claim deniability.
In the Indian context, Pakistan that harbours compulsive hostility against India but lacks the capability to achieve its political and strategic objectives, militarily or otherwise, has made CA as an instrument of its state policy. Pakistan has leveraged its geographical proximity, radical Islam, India’s soft governance, nuclear blackmail, military alliances etc. as tools to capitalize over India’s internal security vulnerabilities.
  • (a)Phenomenal up-gradation in capabilities, resources, international linkages and support bass of violent groups is another disturbing phenomenon. Countering them requires security infrastructure much beyond and complex than required for maintaining peace and order in civil society and enforcing the rule of law. With the emergence of large well armed and organized armed groups the states are facing erosion in their monopoly over coercive power. With the sophisticated weapons systems, modern communication equipments, huge financial resources, access to modern technology and support of rogue states, activities of these groups have placed internal security in a different orbit altogether.
In the Indian context, the Islamic terrorist groups not only are patronized and supported by Pakistan but maintain close nexus with gun runners, drug traffickers, organized crimes, hawala racketeers, currency counterfeiters etc.
  • Diminishing efficacy of conventional response policies and systems and inability of states to keep pace with them is another infirmity. The conventional response, particularly in liberal democracies, treats acts of violence (no matter how gruesome) as normal crimes, punishable through due process of law, and not as acts of war. This jurisprudence is heavily weighed in favour of the wrong doer and is practically inoperable against those who operate from foreign lands. Instruments of state, its laws, police, judicial systems and even militaries, find themselves grossly inadequate to prevent, protect and penalize the wrong doers.
Besides above, in India, soft governance, political factor and corruption have further eaten into the vitals of state power. Political factor has started casting its ominous shadow, both over enactment of right laws and their enforcement with full political will. The withdrawal of Prevention of Terrorist Activities Act (POTA), Centre’s reluctance to approve Special Acts against organized crimes in Gujarat, Madhya Pradesh etc. are illustrative of politicization of internal security management.
  • (a)Role of non state actors like the Media, Non-Governmental Organizations (NGOs), think tanks, etc., have also added to complexity of the situation. Publicity is the oxygen of terrorism and media inadvertently plays in their hands by giving them undue coverage. As perception management is an important aspect of internal security management, ability of these groups to influence the public opinion, without any corresponding responsibility, only confounds the problem.
India: Slow to Transform
India is not unique in experiencing this paradigm shift. What singles it out is the fact that having paid the highest price in battling against terrorism, insurgencies etc. in terms of over 90,000 human lives lost and nearly 14,000 security personnel killed and huge drain on its scare financial resources; it has been the slowest, if at all, to change. Globally, the response has been swift and decisive while in India it has been delayed,half hearted and often lacking political will. The systems, doctrines, methodology, laws, empowerment and enablement of security apparatus have by and large remained unchanged. Within 48 hours of September 11 (9/11) strike, the US took the policy decision to revamp the whole system and bring in the huge new infrastructure, concepts and laws to create Department of Home Land Security and institution of Director National Intelligence. President Bush announced that “It values individual freedom but should it get in conflict with supreme national interest, the latter will prevail”. Instead of systematic improvements we merely resorted to quantitative response hoping that enhanced force level without change in training, systems, equipment etc would be sufficient to counter terrorism and fight insurgencies.
The expenditure on state police forces and central para military forces cumulatively have increased in last few years from Rs. 15,092 crores nearly to Rs. 26,000 crores, depicting an increase over 70%. In terrorist and insurgency affected areas 22% troops are tied on duties to protect themselves and other 45% on protecting the VIPs and vital installations. With 11% force personnel on leave and training reserves and 5% engaged on administrative duties; what is really left to mount field operations is less than 20%. For want of powerful laws, enhanced operational level intelligence, bold political decisions, lack of new strategic and tactical ideas, we have got entrapped in conventional stereotype of numerical response to internal security. The dogma of ‘time-tested methods’ has become a doctrine to resist change.
India’s internal security landscape in recent decades has undergone a paradigm shift. The conventional pattern of civil disorders, communal disturbances, social and economic turmoil, political conflicts etc. have seized to be the nation’s primary internal security concerns. They have been substituted by externally sponsored covert offensives by hostile powers targeting country’s internal fault lines to achieve their strategic objectives. While country’s democratic polity, economic growth, and social transformations are steadily bringing down conventional threats, except probably the Left Wing Extremism, the external factor has been an important catalytic factor in promoting terrorism, insurgencies, espionage, subversion, cyber space violations, currency counterfeiting, Hawala transactions, demographic invasion etc. India considering its Comprehensive National Power (CNP), has failed is politically and diplomatically leverage it to its best security advantage.
Jehadi Terrorism:- Kashmir and Beyond
Pakistan which, during the Afghan war through Western assistance, had acquired formidable covert capabilities, re-positioned the elaborate infrastructure to bleed and destabilize India through terrorism. It wanted to replicate Afghan model in Kashmir, hoping to make it a theatre of Jehad for all the Muslims and force India to a settlement acceptable to Pakistan. Though it failed to achieve this objective, over the years Jehadis have became integral part of Pakistan’s war-machine and a low cost instrument in its hands to bleed India. Pakistani researcher Sabina Ahmad in her report to International Crisis Group (ICG) calculated 11,500 Pakistani nationals having been killed in India in terrorist operations from 1990 to 2005. This is indicative of the scale and intensity of Pakistan sponsored Jehadi terrorism.
Growth of Jehadi forces, perceiving India as its target, both in India’s western and eastern neighbourhoods, is a serious security and ideological threat given India’s large indigenous Muslim population. While sizeable population of Afghanistan, Pakistan and Bangladesh has come under its spate, desperate attempts are being made to spread its tentacles within India. Superimposition of this exported variant of Islam constitutes a high potential long term threat for India and will have to be countered – ideologically, politically and physically.
Besides J&K, hundreds of Muslim youth drawn from other parts of the country have been trained and motivated for subversive activities in Pakistan. A large number of Pakistani youth trained by the ISI and disguised as Indians have been positioned as part of an intricately networked covert apparatus. Mushrooming of Madrassas and Islamic institutions in large numbers propagating an ideology of hate and exclusiveness, particularly in the border areas, is another disturbing trend. An imaginative policy initiative and counter measures would have to be taken to meet this threat.
The 26/11 terrorist action at Mumbai depicted a new order of lethality in Pakistan’s unabated covert offensive against India. For almost three decades, India has passively accepted such provocations. It has failed to retaliate in a proactive manner that could raise costs for Pakistan and compel it to roll back its anti-India terrorist infrastructure. India ceded the strategic and tactical initiative to Pakistan some three decades ago and needs a course correction before it poses an existentialist threat. India’s tolerance threshold should not be unrealistically raised in the backdrop of nuclear blackmail as Pakistan has its own vulnerabilities many times higher than India and in its strategic calculus it cannot ignore the threat that India can pose should the conflict grow beyond a point. India also needs to revisit its no first use nuclear doctrine.
Left Wing Extremism:
Left Wing Extremism has emerged as country’s most serious internal security challenge. After its cyclic rise and fall, it assumed serious proportions after 2004 when PWG and MCC, along with other splinter groups, merged together to form the CPI (Maoists). The spatial growth of the LWE thereafter has been meteoric and alarming. Maoists for furtherance of their political objective of seizing power through gun have exploited alienations caused by issues like denial of social and economic justice to deprived sections of society, large scale displacement of tribal populations by major hydro-electric projects and extensive mining in tribal areas. This has led to their influence rising from 53 Districts in 9 states in 2001, to nearly 203 Districts in 18 states by 2010. Among these the core of insurgency is focused in Chattisgarh (Abujmar Region) and Jharkhand with significant activity levels in Bihar, Andhra Pradesh, Maharashtra and Orissa. The movement has been substantially militarised with 16,000 armed cadres, some 15,000 assorted weapons (including 900 AK-47 Rifles, 200 Light Machine Guns and locally fabricated Rocket Launchers), over 85 camps where they are able to impart training in tactics and field craft and strong financial back up to pay regular salaries to members of its so called ‘People’s Liberation Army’.
The Left Wing Extremism embodies many features that make the problem intractable. A large inaccessible and scantily governed terrain that is difficult to dominate or sanitize no matter what force levels are pumped is one major problem. Further, to their advantage, the Maoists have a large alienated population that has suffered decades of social and economic neglect and are easily susceptible to motivated propaganda of the Maoists who promise to establish an order that will deliver justice, freedom from exploitation, jobs and protection of their way of life. A corrupt and callous governance further makes the people an easy prey to Maoist propaganda. They are able exploit all local grievances and conflicts to gather support by promising different things to different people. It may range from exploiting caste conflicts in Bihar, resentment against land lords in Andhra, sentiment against forest laws and practices in tribal areas, unemployment among youth or Islamic sentiment among sections of Muslims telling them all that Maoism provided solutions to all their woes. Availability of large sums money to pay regular salaries; to their cadres in areas where there are large bodies of uneducated and unskilled who are not only unemployed but for most jobs unemployable.
However, they have some high vulnerabilities as well. Illustratively, like the most ideology driven movements, Left Wing Extremism is controlled by less than a dozen top kingpins and nearly 30 commanders of its armed cadre. They determine the political line, control the resources and design the strategy. The bulk of 16,000 odd armed cadres and many times more supporters are only gullible tribals and poor people misled by vicious propaganda, frightened by the gun or lured by the money. For the leaders, who live in conditions of safety and comfort, they are easily replaceable commodities. Neutralization of top leaders and activists in four decade long history of Left Extremism has invariably led to ideological dilution, dissensions, and demoralization giving a blow to their image of invincibility and surfacing of doubts about viability of the movement to achieve its goals through violence. At tactical level, it has led to struggle for leadership, disruption in sources of funding and abandonment of plans in the offing. Further, the questioning of top leaders has often provided strategic and tactical inputs which, when pursued imaginatively, substantially weakened the movement.
Devoid of its ideological plank the movement stands reduced to a problem of organized crime. A credible, focused and sustained psy-war offensive to expose the movement as anti-people will be hard for them to bear.
Money factor is another important element that is empowering the Left Wing Extremism to raise new cadres, procure weapons and expand their arc of influence. A freshly recruited youth is being paid rupees 2,000 to 2,500 per month, which in a poverty stricken area attracts many youth. It is estimated that the left wing extremist are able to collect nearly rupees 1200 crore a year, which is a huge money resource in tribal and backward areas. Maoists raise these funds through extortions, collections from corrupt government officials, protection money, levies on rich landlords, businessmen, contractors, transporters etc. Paradoxically, increase in government outlays for development activities in affected areas has strengthened them financially as enhanced outlays are not backed up by effective and accountable administrative machinery. Their dependency on funds is a vulnerability and it is possible to take series of steps to minimize if not totally eliminate it though strong administrative and legal actions against the fund providers.
North-East:
North East security discourse, of late, has been marked by good news of peace engagement with the rebels, improved security cooperation from Bangladesh, dissensions within insurgent groups etc. However, external factor in a region that has 5,215 kms contiguous international border with other countries and only about over 1% with the Indian main land though pivotal is being glossed over. External factor has and will continue to remain a vital factor in our management of North Eastern security.
China, with which India has uneasy security relationship, shares a border of nearly 1,561 kms with NE states. It also has a dubious track record of meddling with local insurgent groups till mid eighties. After a long lull, there is increasing evidence of China reviving its Covert offensive in the North East. Chinese support to the rebel groups has waxed and waned depending on content and direction of bilateral relationship, their evaluation of the strength and grit of people in power in Delhi, viability and reliability of insurgent groups etc. It is also noteworthy that whenever assistance from erstwhile East Pakistan, and later Bangladesh, to NE insurgents became difficult, the Chinese stepped in to fill in the gap.
There are definite indications that, after a long lull, there is major policy shift in China. In October, 2007, on the invitation of Chinese authorities, Anthony Shimray in-charge foreign affairs of NSCN(IM), visited China and held meetings with Lee Wuen, head of intelligence of Yunnan province and Chang local intelligence head at DehongMansi near Kunming in China. Shimray, handed over a letter to the Chinese authorities signed by Muivah, self styled Prime Minister of NSCN(IM), holding peace talks with government of India. The letter informed Chinese of appointment of Kholose, a Sema Naga, as their permanent representative in China. Chinese welcomed this institutionalized arrangement and wanted Nagas to keep them informed about (i) Activities and movements of Indian Army, particularly in Arunachal Pradesh, (ii) Intelligence regarding activities of Dalai Lama and Tibetans in India and (iii) Progress of peace talks with India. Chinese also tasked them to keep track of other NE insurgent groups and progress of their peace parleys with India. One of the major responsibilities of Kholose was procurement of weapons from China.
In April 2009, the self styled President of NSCN(IM), IsakChissiSwu, leader of group talking to India, accompanied by Shimray visited China for which the Visa was arranged by the Chinese intelligence in Philippines. They held a high level meeting with one General Lee and three senior Chinese intelligence officers. The Chinese while assuring them of Military cooperation, again reiterated their earlier requirement regarding information abut army movements in Arunachal, activities of Dalai Lama etc. NSCN(IM) leadership subsequently initiated follow up actions in Delhi, Dharmshala, Arunachal Pradesh and NSCN(IM) headquarters to meet Chinese intelligence requirements. Steps in the meantime also commenced to ship 1000 weapons from South Chinese port of Beihei to Cox’s Bazaar in Bangladesh for the NSCN (IM).
PareshBaruah of ULFA after being pressurized by Bangladesh security agencies, also visited China in 2010. Reports indicate that he led a group of about 80 that after receiving training in Ruili in Yunnan was provided substantial quantities of weapons. It is significant that ULFA has been a source of procurement of weapons by Left Wing Extremists and possibility of some of the Chimes weapons reaching them through ULFA channels can not be ruled out.
Reality of Chinese renewed interest in NE insurgency can not be wished away in our security calculus. It assumes special import in the back drop of China’s emerging aggressiveness, military activities in border areas, claims on Arunachal Pradesh and linkages of Left Extremists with NE insurgent groups. The government in pursuing its policy of engaging the rebels in peace talks needs to display greater clarity of vision, well defined objectives and strategic precision. Mistaking the talks as an end rather than means to an end can push India into a self made strategic trap. While the rebel groups are enhancing their capabilities, establishing trans-border linkages, procuring new weapons and recruiting new cadres, the government appears to be calculating publicity mileage and possible electoral advantages as their sole gains. This can be a self defeating strategy.
Illegal       Immigration:
The size geographical location and porosity of our borders makes large illegal migration to India from neighboring countries possible. People of all neighbouring countries share at least one important ethnic, religious or linguistic commonality with a section of the Indian population, which makes it possible for them to find easy shelters and go undetected. Economic opportunities afforded by relatively higher economic growth, freedoms of a liberal democratic polity, corruption, shortcomings of Indian political, administrative and judicial systems etc. have all contributed to make illegal immigration a major internal security problem.
Demographic invasion from Bangladesh, has already assumed alarming proportions. In many of the bordering districts of Assam and West Bengal it has brought about a total demographic transformation, forcing the original inhabitants to sell their lands and flee. Instead of abating, the last two years have witnessed an unprecedented increase in the inflow – the new migrants becoming more abrasive and emboldened, considering their illegal migration almost a matter of right. Subdued though, voices in support of greater Bangladesh have started surfacing both in Assam and Bangladesh.
The illegal immigrants from Bangladesh, who well exceed 2.5 million now, are no more confined to bordering states of Assam, West Bengal, Meghalaya etc. but have found new habitations in depth areas of the country. Most of them have been able to acquire identity documents with local political patronage and connivance of corrupt officials. The local Muslims in some areas are facilitating their settlements and helping them in procurement of ration cards, identity documents, jobs and political patronage.
This large scale migration is no more only a cause of demographic change, social conflicts, denial of economic opportunities and civic amenities to our own poor people but has become a security concern. The Islamic terrorists from Bangladesh readily find local shelters in length and breadth of the country. These immigrants also bring with them deeply ingrained anti-Indian ideas and seeds of fundamentalism. The border is porous and the infiltrators get full support from Bangladesh Border Forces. This unending stream of migrants is likely to become much more pronounced in the times to come, given the push factor in Bangladesh and the pull factor on the Indian side.
Illegal migration from Pakistan and Afghanistan is relatively small but its security implications are much greater. Pakistan as part of a long-term covert action programme, is trying to establish modules in different parts of the country with well trained and highly motivated Pak residents masquerading as Indians. A large number of Pakistanis who enter India with regular visas frequently go under ground and become untraceable.
Unemployment in Youth:
Though, essentially an economic and not a security issue if left unattended large scale youth unemployment can have serious security implications. India currently has a population of nearly 1.2 bn, 62.9% of which is in working age group. By 2026, India’s population profile is likely to grow even younger (68.4%in working age group) and the total population at 1.4 bn will overtake that of China. This translates into one billion people in the working age group that will need to be gainfully employed. Any failure will make large sections of unemployed youth vulnerable to forces of destabilization, disruption and destruction – both indigenous and foreign inspired. Channelised constructively, they can catapult India into a new power orbit making its human resource capital in the ageing world as a non-competeable CNP component for many decades ahead.
The total sum of jobs presently in India’s Public and private sector (including those in the unorganized private sector) work out to barely 300-350 million. India’s economic liberalization, so far is only producing the miracle of jobless growth. Most Indian industries have been imitating the Western corporate model – downsizing the workforce to maximize the profits. The Jamshedpur Steel plant of the Tatas that employed 80,000 workers some three decades ago with a production of 1 million tons per annum halved it to just 40,000 in the 1990’s and the output rose to 5 million tons per annum by automation. The plan is to further reduce the work force to just 20,000 but raise the production to 10 million tons per years. While to achieve global competitiveness India cannot afford to produce at high costs, it at the same cannot afford to keep its millions out of a job. A paradigm shift in over growth strategy is required and heavy investments need to be done in areas that can create large employment opportunities; nearly 700 million jobs by 2026. Man power intensive industries like ship building, infrastructure projects, rural employment schemes etc. will have to be accorded high priority. Generation of new and upgradation of existing skills through massive vocational training programmes need to be launched substituting the conventional educational pattern that churns out youth who are educated but unemployable. One of the ironies of Indian employment market is that while there are large numbers of youth with 10 to 16 years of formal education, most of the industries and employers find it difficult to get appropriate manpower that hardly requires training of two years or less beyond two years beyond basic 10 to 12 years of schooling. Non inclusive growth, large scale unemployment, huge income disparities etc. can be potential causes of internal instability and degradation. In national economic planning the strategico- security factors need to be given its deserved importance.


Tuesday, 1 August 2017

What is Constituent Assembly and How Constituent Assembly Formed?

The idea generated from the mind of legendary freedom fighter M.N Roy (Manabendra Nath Roy known as MN ROY, Indian nationalist and revolutionaries and international known as Radical Activist and theorist of politics). But, it later becomes the official demand of INC 1935. The demand accepted in August 1940 offer by the British. This is called August offer of 1940. This offer gives full weight to minority opinion, recognizing the Indians to form their own constitution.
Under cabinet mission plan of 1946, constituent assembly and election were held for the first time.
British India Seats = 296
Princely States = 093
Total Strength of Constituent assembly = 389
British India Seats = 296, Out of these
Eleven Governor Provinces = 292 Rest
Chief Commissioner Provinces = 04 (Delhi, Ajmer, Coorg and British Baluchistan)
Elections of 296 seats of British India were completed by July – August 1946.
Congress = 208, Muslim League = 073. Since Muslims secured very less votes compared to INC, they refused to cooperate with congress. Riots Started between Hindus and Muslims, then the immediate action taken by the LAST Governor General of British India was Lord Mountbatten scrapped the Cabinet Mission Plan and culminated the Indian Independence Act to make separate nation for India and Pakistan and Constituent Assembly too. When our constitution enacted, the big laws, Govt. of India Act 1935 and Indian Independence Act 1947 were official cancelled by the Article 395.

The Indian Independence act was passed on July 18, 1947. Earlier it is declared via Cabinet Mission Plan as June 1948 but by scrapping the act by Lord Mountbatten. Indian got independence earlier on 15 August 1947. Cabinet elected for Undivided India is on June 9, 1946 but it reassembled on 14th August 1947 as sovereign body and took the power in the night from the British. As a result, Pakistan Got separate constituent assembly was set up for Pakistan on June 3, 1947. The person who represented the areas from Pakistan are ceased to be the members of Constituent assembly of India. Fresh election was held for two places for west Punjab and east Bengal. Now the members of Indian Constituent assembly were 299 and met again on 31st Dec 1947.

Thursday, 27 July 2017

WHERE DO WOMEN GO TO SEEK JUSTICE?

The law is an essential tool for advancing women’s rights and gender equality. When a society is governed by the rule of law, with an accessible and just legal system, women can thrive, contribute to the system and improve it for future generations.The rule of law requires that laws are free from bias and discrimination“equally enforced and independently adjudicated, and consistent with international human rights norms and standards”. As such, a robust and effective legal system based on the rule of law is central to assisting women to become equal partners in decision-making and development. Just as a strong legal system can protect and open up opportunities for women, a justice system that is inaccessible or that contains discriminatory rules or practices can significantly impede the advancement of women’s rights. The United Nations Development Programme (UNDP) has highlighted the danger of women being left vulnerable to becoming victims of criminal acts, such as fraud, theft, sexual or economic exploitation, violence, torture or murder, if they are not empowered to benefit from the full protection of the law. The global study conducted by the Commission on Legal Empowerment of the Poor (CLEP) also concluded that groups that experience discrimination and exclusion from the protection of the rule of law are more likely to fall victim to a range of socio, economic, political and criminal injustices. Over the last couple of decades, the international community has invested substantially in programs aimed at strengthening the rule of law in developing countries. Yet despite this investment, the rule of law continues to mean very little for the vast majority of women and girls. Many women are simply unable to access and navigate their way through formal legal institutions. This can be due to structural as well as cultural barriers, including women’s inadequate knowledge of rights and remedies, illiteracy or poor literacy, and lack of resources and time to participate in justice processes, especially given the heavy burden of labor that women bear for their families. These challenges are even greater for women who are subject to multiple forms of discrimination based on factors such as being part of indigenous or ethnic minority communities, religious minorities or sexual minorities, or for disabled women, migrant workers, and women living with HIV/AIDS.When women do manage to access the justice sector, they often receive outcomes that are not in line with international standards.13 For example, out of the 112 countries scored in the 2012 Organization for Economic Cooperation and Development (OECD) Social Institutions and Gender Index, 86 were found to have discriminatory laws or practices in relation to property and inheritance.The study showed that on average, women hold only 15 percent of land titles in countries where data is available.In family law, women continue to have difficulty receiving fair treatment in the areas of marriage, divorce and child custody. In addition, many justice systems do not treat gender-based violence as a criminal offence, or they consider it to be a family matter for which a fine against the offender will suffice. Either by choice or through necessity, many women, and especially those living in rural environments,seek justice through informal systems. Such informal or ‘customary’ justice systems often exist alongside formal systems of law. While not gender specific, research suggests that in developing countries, up to 80% of the cases are resolved by informal justice systems, signifying that most women in the developing world access justice in a plural legal environment. Evidence indicates that in a globalized world, legal pluralism is not disappearing but, in fact, is becoming more entrenched and complex.In plural legal settings the formal justice system “is simply one possible avenuein the reality of multiple legal orders”.

Thursday, 27 April 2017

What is the difference between chinese communism and soviet communism?

Early Ideological Differences:
  • The early Communist Party in China adhered closely to Russian political philosophy. However, Mao Zedong disagreed with the concept of a workers’ revolution in China. Reasoning that the majority of the Chinese population were peasants, Mao refocused the goal of Chinese communism toward the concept of a peasant revolution.
  • Despite this, the two nations still shared fairly similar values until the 1950s, when a major ideological rift developed. During this time, the Soviet Union advocated coexistence with capitalism. China, meanwhile, remained determined to pursue a policy of aggression, labeling the United States in particular as an imperialist enemy and declaring an intent to assist with revolutionary struggles of people oppressed by imperialism.
Cultural:
  • The other great difference is cultural. The Soviets lauded the cultural greats of the Russian past, while Mao’s tendency was to displace the historical culture. He even outlawed traditional medicine for a while. The so called “Cultural Revolution” was an anti-cultural revolution that did irreparable harm to countless treasures of lives, goods, and opportunities.
Political:
  • Mao’s programme envisages co-operation and coalition with progressive bourgeois parties. Thus communist regime in China doesn’t profess to be dictatorship of proletariat. Chinese Communists didn’t seek to liquidate the bourgeois and private Capitalist, though they placed increasing restrictions on private business, but tolerated private capital.
  • So Chinese Communism is modification of orthodox Marxism.
Other Differences:
  • In the Soviet system, land was organized by collectivization. Stalin replaced the old system on private peasant farming with “collective farms” and “state farms”, where peasants would work for the greater good of the proletariat under strict party supervision. In China on the other had, they had a social obligation where there was a goal set by the government, and any surplus product that the farmers made, they were allowed to use as they wanted. This system gives farmers incentive to produce more than the set goal for their own personal gain.
  • In Russia there was forced urbanization when Stalin made people move to the cities. In China on the other hand, Mao’s support was rural based, and people were kept out of the cities.
  • The CPSU(Communist Party of Soviet Union) wanted to export world revolution and turn the world communist.  The CCP (Communist Party of China) doesn’t care what other countries do.  This means that the CCP doesn’t spend nearly as much money on the military as the CPSU did, and doesn’t maintain large and expensive armies in other countries.
  • The CPSU was essential to the identity of the Soviet Union.  Without the CPSU, the Soviet Union could not exist, because without the CPSU, people became Russians and Ukaranians and Tajiks, and not Soviets.  China has a national identity that is independent of the Party, so it’s possible to imagine a non-communist or even anti-communist China.  Conversely, because China can exist without the CCP, it’s possible for the CCP to redefine itself radically without losing power. This makes a big difference because China can create a liberal free-speech special administrative region (Hong Kong).  The Soviet Union couldn’t create anything like HK.

  • The Constitution of the PRC states that secession is prohibited, whereas the Constitution of the Soviet Union gave republics a right to secede.  This was reflected in the structure of the parties.  The CCP is a highly centralized party, where as the CPSU was theoretically a federation of parties with the Republic parties being nominally independent. 
Adaptation:

  • One of the largest differences between Soviet and Chinese Communism is that Chinese Communism lasted but Soviet Communism did not. After Mao’s death, China restructured its government, providing its citizens with greater freedoms and changing its economic policy to favor a market economy open to foreign trade instead of one that was centrally managed.
  • During the 1980s, the Soviet government remained unwilling to make reforms it viewed as capitalistic, and the resulting economic decline lead to the Soviet downfall. Since then, Russia has attempted to shift to a market-based economy with mixed results.
  • At the same time, China shifted to a system known as market socialism, which differed from the USSR in its reliance on a free market.

Great Leap Forward:

  • The Great Leap Forward of the People’s Republic of China (PRC) was an economic and social campaign by the Communist Party of China (CPC) from 1958 to 1961. The campaign was led by Mao Zedong and aimed to rapidly transform the country from an agrarian economy into a socialist society through rapid industrialization and collectivization. The campaign caused the Great Chinese Famine.
  • Chief changes in the lives of rural Chinese included the introduction of a mandatory process of agricultural collectivization, which was introduced incrementally. Private farming was prohibited, and those engaged in it were labeled as counter-revolutionaries and persecuted. Restrictions on rural people were enforced through public struggle sessions, and social pressure, although people also experienced forced labor. Rural industrialization, officially a priority of the campaign, saw “its development … aborted by the mistakes of the Great Leap Forward.
  • On the communes, a number of radical and controversial agricultural innovations were promoted at the behest of Mao.The policies included close cropping, whereby seeds were sown far more densely than normal on the incorrect assumption that seeds of the same class would not compete with each other
  • Substantial effort was expended during the Great Leap Forward on large-scale, but often poorly planned capital construction projects, such as irrigation works often built without input from trained engineers.
  • Mao saw grain and steel production as the key pillars of economic development. He forecast that within 15 years of the start of the Great Leap, China’s steel production would surpass that of the UK. In the August 1958 Politburo meetings, it was decided that steel production would be set to double within the year, most of the increase coming through backyard steel furnaces.During this rapid expansion, coordination suffered and material shortages were frequent, resulting in “a huge rise in the wage bill, largely for construction workers, but no corresponding increase in manufactured goods.”Facing a massive deficit, the government cut industrial investment from 38.9 to 7.1 billion yuan from 1960 to 1962 (an 82% decrease; the 1957 level was 14.4 billion)
Backyard furnaces:
  • With no personal knowledge of metallurgy, Mao encouraged the establishment of small backyard steel furnaces in every commune and in each urban neighborhood.Huge efforts on the part of peasants and other workers were made to produce steel out of scrap metal.
To fuel the furnaces the local environment was denuded of trees and wood taken from the doors and furniture of peasants’ houses. Pots, pans, and other metal artifacts were requisitioned to supply the “scrap” for the furnaces so that the wildly optimistic production targets could be met. Many of the male agricultural workers were diverted from the harvest to help the iron production as were the workers at many factories, schools and even hospitals.
Although the output consisted of low quality lumps of pig iron which was of negligible economic worth, Mao had a deep distrust of intellectuals and faith in the power of the mass mobilization of the peasants.
Mao visited traditional steel works in Manchuria in January 1959 where he found out that high quality steel could only be produced in large-scale factories using reliable fuel such as coal. However, he decided not to order a halt to the backyard steel furnaces so as not to dampen the revolutionary enthusiasm of the masses. The program was only quietly abandoned much later in that year.
Failure of Great Leap Forward:

  • The amount of labour diverted to steel production and construction projects meant that much of the harvest was left to rot uncollected in some areas. Although actual harvests were reduced, local officials, under tremendous pressure from central authorities to report record harvests in response to the innovations, competed with each other to announce increasingly exaggerated results. These were used as a basis for determining the amount of grain to be taken by the State to supply the towns and cities, and to export. This left barely enough for the peasants, and in some areas, famine and starvation set in.
  • The exact number of famine deaths is difficult to determine, and estimates range from 18 to upwards of 42 million people. Also at least 2.5 million people were beaten or tortured to death and 1 to 3 million committed suicide.
  • The years of the Great Leap Forward in fact saw economic regression, with 1958 through 1962 being the only period between 1953 and 1985 in which China’s economy shrank. Enormous amounts of investment produced only modest increases in production or none at all.The Great Leap was a very expensive disaster.
  • In subsequent conferences in March 1960 and May 1962, the negative effects of the Great Leap Forward were studied by the CPC, and Mao was criticized in the party conferences. Moderate Party members like Liu Shaoqi and Deng Xiaoping rose to power, and Mao was marginalized within the party, leading him to initiate the Cultural Revolution in 1966.

De-industrialization of India under the British

After destroying its agriculture British had embarked upon the destruction of Indian industry.
Several Indian historians have argued that British rule led to a de-industrialization of India. By
the Act 11 and 12 William III, cap. 10, it was enacted that the wearing of wrought silks and of
printed or dyed calicoes from India, Persia and China should be prohibited, and a penalty of
£200 imposed on all persons having or selling the same. Similar laws were enacted under George I, II and III, in consequence of the repeated lamentations of the afterward so “enlightened” British manufacturers. And thus, during the greater part of the 18th century, Indian manufactures were generally imported into England in order to he sold on the Continent, and to remain excluded from the English market itself.
Ramesh Chandra Dutt argued (in Economic History of India, London, 1987):
“India in the eighteenth century was a great manufacturing as well as a great agricultural
country, and the products of the Indian loom supplied the markets of Asia and Europe. It is,
unfortunately, true that the East India Company and the British Parliament, following the selfish
commercial policy of a hundred years ago, discouraged Indian manufacturers in the early years
of British rule in order to encourage the rising manufactures of England. Their fixed policy,
pursued during the last decades of the eighteenth century and the first decades of the nineteenth,
was to make India subservient to the industries of Great Britain and to make the Indian people
grow raw produce only, in order to supply material for the looms and manufactories of Great
Britain”.
According to Karl Marx,” However changing the political aspect of India’s past must appear, its
social condition has remained unaltered since its remotest antiquity, until the first decennium of
the 19th century. The handloom and the spinning wheel, producing their regular myriads of
spinners and weavers, were the pivots of the structure of that society.”“It was the British intruder
who broke up the Indian handloom and destroyed the spinning wheel. England began with
driving the Indian cottons from the European market; it then introduced twist into Hindostan,
and in the end inundated the very mother country of cotton with cottons.” From 1818 to 1836 the export of twist from Great Britain to India rose in the proportion of 1 to 5,200. In 1824 the export of British muslins to India hardly amounted to 1,000,000 yards, while in 1837 it surpassed 64,000,000 of yards. But at the same time the population of Dacca decreased from 150,000 inhabitants to 20,000. This decline of Indian towns celebrated for their fabrics was by no means the worst consequence. “
There is a good deal of truth in the deindustrialization argument. Moghul India did havea bigger
industry than any other country, which became a European colony, and was unique in being an
industrial exporter in pre-colonial times. A large part of the Moghul industry was destroyed in
the course of British rule.The second blow to Indian industry came from massive imports of
cheap textiles from England after the Napoleonic wars: In the period 1896-1913, imported piece goods supplied about 60 per cent of Indian cloth consumption, 45 and the proportion was probably higher for
most of the nineteenth century. Home spinning, which was a spare-time activity of village
women, was greatly reduced.
It took India 130 years to manufacture textiles and to eliminate British textile imports. India
could probably have copied Lancashire's technology more quickly if she had been allowed to
impose a protective tariff in the way that was done in the USA and France in the first few
decades of the nineteenth century, but the British imposed a policy of free trade. British imports
entered India duty free, and when a small tariff was required for revenue purposes Lancashire
pressure led to the imposition of a corresponding excise duty on Indian products to prevent them
gaining a competitive advantage.This undoubtedly handicapped industrial development. If India had been politically independent, her tax structure would probably have been different. In the
1880s, Indian customs revenues were only 2.2 per cent of the trade turnover, i.e. the lowest ratio
in any country. In Brazil, by contrast, import duties at that period were 21 per cent of trade
turnover.
British rule had not promoted industrialization in India either.Japan and China were not
colonized by the British; they remained independent.The Indian steel industry started fifteen
years later than in China, where the first steel mill was built at Hangyang in 1896. The first
Japanese mill was built in 1898. In both China and Japan the first steel mills (and the first textile
mills) were government enterprises, whereas in India the government did its best to promote
imports from Britain.
Until the end of the Napoleonic wars, cotton manufactures had been India’s mainexport.They
reached their peak in 1798, and in 1813 they still amounted to £2 million, but thereafter they fell
rapidly. Thirty years later, half of Indian imports were cotton textiles from Manchester.This
collapse in India’s main export caused a problem for the Company, which had to find ways to
convert its rupee revenue into resources transferable to the UK. The Company therefore
promoted exports of raw materials on a larger scale, including indigo, and opium, which were
traded against Chinese tea. These dope-peddling efforts provoked the Anglo-Chinese war of

1842 in which the British drug-pushers won and forced China to accept more and more opium.