Letter From the Executive Board

Greetings Parliamentarians!

It gives us immense pleasure to welcome you to this simulation of the All-India Political
Party Meet at IMUN 2024. We look forward to an enriching experience for all. The
agenda for this session is ‘Diplomacy redefined: AIPPM scrutinizes nations promoting
Anti-Nationalism’ considering recent events and it being a topic of national importance,
we expect you to be well versed with all recent happenings.

This document is only a guide for where to start your preparation. Your research goes way
beyond this study guide. We would very much expect the Parliamentarians to find new
realms in the agenda and bring it forth in the committee. Such research combined with
good argumentation and a solid representation of facts is what makes an excellent
performance.

In the session, the executive board will encourage you to speak as much as possible, as
fluency, diction or oratory skills have lesser importance as opposed to the content you
deliver. So, research and speak and you are bound to make a lot of sense. We are certain
that we will be learning from you immensely and we also hope that you all will have an
equally enriching experience.

In case of any queries feel free to contact us, both of us are welcoming and ever ready to
guide anyone who approaches us and we promise our best to answer the questions to the
best of our abilities. We look forward to an exciting and interesting committee, which
should certainly be helped by the all-pervasive nature of the issue. Hopefully we, as
members of the Executive Board, will also have a chance to gain from being a part of this
committee.

Please do not hesitate to contact us regarding any queries or guidance.

Regards,

Prabal Mehrotra Aarushi Prakash

(Chairperson) (Vice-Chairperson)
“Diplomacy redefined: AIPPM scrutinizes nations promoting Anti-Nationalism”

Prior to getting into the nitty-gritties of the agenda, let s clarify a few basic definitions

All India Political Parties Meet: The All-India Political Parties Meet is a non-constitutional
yet powerful body comprising various political parties and politicians who bring light to
various political and policy issues that concern the Country. It helps the participants think
about the policy-making and governance issues that are a part of our multi-layered
bureaucratic and political system. Since Independence, our political system has shifted
rapidly from one extreme to another and this makes it necessary to have a forum for
unrestricted, free, fair, and factual debate which simultaneously accommodates diverse
political ideologies and perspectives on issues of national importance.

Diplomacy: Diplomacy refers to the practice of conducting negotiations and maintaining

relationships between nations or groups to achieve specific objectives, such as resolving
conflicts, advancing interests, or fostering cooperation. It involves the use of tact, negotiation
skills, and communication to manage and navigate complex international or interpersonal
relationships effectively. Diplomacy can take various forms, including formal discussions,
treaties, summits, and informal dialogue, and it plays a crucial role in international relations
and foreign policy.

Scrutinizes Nations: The phrase "scrutinizes nations" typically means closely examining or
analysing nations, their policies, actions, or characteristics. It implies a detailed and critical
assessment of various aspects of a country, such as its governance, economy, social
structures, international relations, and so on. This scrutiny can be conducted for various
purposes, including academic research, journalistic investigations, diplomatic assessments, or
public discourse.

Anti Nationalism: Anti-nationalism refers to opposition or resistance to the principles, beliefs,

or actions associated with nationalism. Nationalism typically involves a strong sense of
loyalty, pride, and devotion to one's nation or state, often emphasizing its superiority or
distinctiveness compared to others. In contrast, anti-nationalism can encompass a variety of
perspectives and beliefs, including scepticism or criticism of nationalism's potential negative
effects such as xenophobia, exclusion, or conflict between different nations or ethnic groups.
It can also involve advocating for internationalism, multiculturalism, or global cooperation
over narrow national interests.
Anti Nationalism in Indian Context:

In the Indian context, anti-nationalism refers to opposition or resistance to the principles,

ideologies, or actions that are perceived as detrimental to the interests, unity, or sovereignty
of India as a nation-state. Anti-nationalism can manifest in various forms, including:

 Opposition to National Symbols: This could involve disrespecting or opposing

national symbols such as the flag, anthem, or emblem, which are considered sacred
and representative of the nation's identity and pride.
 Criticism of Government Policies: Criticism or opposition to government policies or
actions that are perceived as harmful to the nation's interests or against its values. This
could include protests against specific laws, decisions, or administrative actions.
 Secessionist Movements: Movements advocating for the separation or secession of
certain regions or states from the Indian union, often based on ethnic, cultural, or
political grievances.
 Opposition to National Unity: Actions or ideologies that promote division, discord, or
separatism among different religious, linguistic, or cultural communities within India,
undermining the idea of national unity in diversity.
 External Allegiance: Allegiance or support to external forces or ideologies perceived
as hostile to India's interests, sovereignty, or security. This could include sympathizing
with or aiding foreign entities or organizations that pose a threat to India.

Prominent cases regarding anti nationalism in the Indian context:

 Sedition Cases: The use of sedition laws in India, primarily Section 124A of the
Indian Penal Code, has been a subject of controversy. Cases where individuals or
groups have been charged with sedition for expressing dissent or criticizing the
government have sparked debates on freedom of speech and the right to dissent.
One prominent case involved the arrest of students from Jawaharlal Nehru
University (JNU) in Delhi in 2016, which garnered significant attention both
nationally and internationally.
 Kashmiri Separatist Movement: The ongoing conflict in Kashmir has seen
numerous cases of anti-national sentiment, primarily from separatist groups
seeking independence from India or integration with Pakistan. The handling of
protests, clashes with security forces, and the imposition of curfews in the region
have been contentious issues.
  Naxalite Movement: The Naxalite insurgency, particularly active in states like
Chhattisgarh, Odisha, and Jharkhand, has been labelled as a threat to national
security. The movement, which originated from a peasant uprising in Naxalbari,
West Bengal, has evolved into a violent struggle against the state, with allegations
of human rights abuses on both sides.
 Protests and Dissent: Various protests and movements across India, such as the
farmers' protests, have been characterized as anti-national or seditious by certain
groups or authorities. These instances often involve clashes between protesters
and law enforcement agencies, leading to arrests and legal battles.
 Freedom of Expression: Cases involving censorship, especially those related to
artistic expression or cultural events deemed to be against national interests, have
raised concerns about freedom of speech and creative liberty. Instances of banning
books, films, or artworks on grounds of anti-national content have sparked debates
on censorship and artistic freedom.

History of Anti-Nationalism in context to the law and constitution

Article 31D: This article is not a part of the constitution today as it was immediately
repealed and omitted after the emergency by section two of the 43rd Amendment Act,
1978. Nevertheless, in the short life of its existence, it gave a broad summary of what was
considered anti-national by law.

The heading of this article reads, saving of laws in respect of anti-national activities. It
was there, for the first time, that the word anti-national appeared in the text of the
constitution.

Article 31D was introduced by the section five of (in)famous 42nd Amendment Act, 1976.
This article is often obscured by the unconstitutional judgement of ADM Jabalpur v.
Shivkant Shukla [1976]. The first clause with two sub-clauses namely (a) and (b) of
repealed and omitted provision read as follows:

Article 31D. Saving of laws in respect of anti-national activities. –

(1) Notwithstanding anything contained in article 13, no law providing for –

(a) the prevention or prohibition of anti-national activities; or

(b) the prevention of formation of, or the prohibition of, anti-national associations, shall be
deemed to be void on the ground that it is inconsistent with, or takes away or abridges any
of the rights conferred by, article 14, article 19 or article 31.

The first clause of the article began with the word notwithstanding. It reaffirmed the
assertion that an exception is being carved out of the general rule, specifically about
Article 13, which is also a part of Part III of the Indian constitution.

Thus, the new law (i.e. Article 31D) was to be saved from the mandate of Article 13(2),
which read as follows:

Article 13(2) The State shall not make any law which takes away or abridges the rights
conferred by this Part and any law made in contravention of this clause shall, to the extent
of the contravention, be void.

The state, by 42nd Amendment, introduced a law which derogated the Fundamental Rights
of the people. The derogation here was not for the people who were detained, but rather a
generic prevention and prohibition of anti-national activities and formation of anti-national
associations.

The sub-clause (b) also clarified the saving clause that anti-national activities and
associations were illegal, and the protection of above-mentioned Article 13(2) is not
applicable to Right to Equality (Article 14), Right to Freedom (Article 19) or the then in
existence Right to Property (Article 31).

If anyone who was indulging in alleged anti-national activities or was associated with anti-
national associations, the Fundamental Rights were no longer available along with
any Right to Constitutional Remedies.

Also, the saving clause specifically used the word law instead of reasonable law to bypass
any judicial intervention and interpretation of parliamentary action even if it abridged
fundamental rights.

The second clause of Article 31D precluded state legislatures from making of laws related
to prevention and prohibition of anti-national activities and associations. The second
clause read as follows:
Article 31D (2) Notwithstanding anything in this Constitution, Parliament shall have, and
the Legislature of a State shall not have, power to make laws with respect to any of the
matters referred to in sub-clause (a) or sub-clause (b) of clause (1).

It is one of the important provisions of 42nd Amendment that is often overlooked in the
grand debate of federalism around the emergency. The reason being that Article 31D was
repealed and omitted by 43rd Amendment. The constitutional experts focus mostly on the
leveller of 44th Amendment Act, 1978. It is a trivial point yet a significant one that the
conversation surrounding constitutional law has not attributed much importance to the
implementation and repeal of the Article.

The third clause added an additional security net to the retrospective laws related to anti-
national activities and associations.

Article 31D (3) Any law with respect to any matter referred to in sub-clause

(a) or sub-clause

(b) of clause

(1) which is in force immediately before the commencement of section 5 of the

constitution (Forty-Second Amendment) Act, 1976, shall continue in force until altered or
repealed or amended by parliament.

The third clause upheld the retrospective validity of laws made in consonance with Article
31D and in derogation of rest of the Part III (Fundamental Rights) of the constitution.

One such instance was that of Unlawful Activities (Prevention) Act, 1967 read
with Criminal Law Amendment Act, 1972. The Maintenance of Internal Security Act,
1971 was a principal benefactor of this scheme.

The Article 31D (3) also goes against the legal spirit and convention of invoking and
upholding criminal statute retrospectively and against protection offered against
offences under Article 20 of the Indian constitution.

Some important questions that rise are:

How were the term anti-national activities and associations defined?

What were the anti-national activities?

What were anti-national associations?

Before looking at the specific statutory meanings of the terms anti-national activities and
anti-national associations, it is important to understand what the word association stood for
in Article 31D.

The sub-clause (a) of the fourth clause describes the term association as an association of
persons. It is different from the association of people or individuals.

A person legally can be an artificial entity (a company, mosque, idol in temple etc.) as
well as a natural entity (citizen or denizen) or people. An artificial person doesn’t have
Fundamental Rights in India and other common law countries, courtesy of the rationale
laid in a nine-judge bench decision in State Trading Corporation of India v. The
Commercial Tax Officer [1964] with separate dissents of justice K.C. Dasgupta and J.C.
Shah.

Hence, the provision of Article 31D (4) (a) can be read considering legal rights, if not
fundamental rights.

It is interesting to note that the then minister of state for law and justice, Dr Sarojni
Mahishi responded to the apprehensions in the house, when Article 31D was being
debated, by saying that calling of trade unions, associations of minority groups,
universities endorsing free speech and expression, shall not come under the broad ambit of
the word anti-national. Eventually, however, it did come to cover everything which she
was defending.

Now, the fourth clause along with its sub-clauses and their sub-sub-clauses broadly
presented the meanings and connotations of the term anti-national activities and anti-
national associations. The frightful clause of the Article 31D read as follows:

Article 31D (4) In this article, –

(a) “association” means an association of persons;

(b) “anti-national activity”, in relation to an individual or association, means any action
taken by such individual or association-

(i) which is intended, or which supports any claim, to bring about, on any ground
whatsoever, the cession of a part of the territory of India or the secession of a part of the
territory of India which incites any individual and association to bring about such cession
or secession;

(ii) which disclaims, questions, threatens, disrupts or is intended to threaten or disrupt the
sovereignty and integrity of India or the security of the State or the unity of the nation;

(iii) which is intended, which is part of a scheme which is intended, to overthrow by force
the Government as by law established;

(iv) which is intended which is part of a scheme which is intended, to create internal
disturbances or the disruption of public services;

(v) which is intended, or which is part of a scheme which is intended, to threaten or disrupt
the harmony between different religious, racial, regional groups or castes or communities;

(c) “anti-national association” means an association –

(i) which has for its object any anti-national activity;

(ii) which encourages or aids persons to undertake or engage in any anti-national

activities;

(iii) the members whereof undertake or engage in any anti-national activity.

The sub-clause (b) of the clause (4) broadly defined the anti-national activities in five sub-
sub-clauses (i)-(v).

The sub-clause (c) of clause (4) stated meanings of the term anti-national associations in
the sub-sub-clause (i)-(iii) of the article 31D.

The core of the provision was the five points of anti-national activities.
First, on intentions or and actions of solidarity to and towards cession and secession of
territoriality of Indian State.

Second, any activity which disclaims, questions, threatens and disrupts the sovereignty
and unity of the country.

Third, any intention of coup d’état.

Fourth, intentions of creating and disrupting public services with the vaguely
phrased internal disturbances.

And fifth, the perpetrations of religious, racial, regional, caste and communal hatred. The
persons who had association or membership of any of the five-point objectives or who
would abet the activities were to be considered anti-national by law.

The political opposition back in the day (many of them part of ruling class today) suffered
preventive detention on the grounds of being anti-national by law. It was a time when
branding of anti-national was decided by law and constitution, unlike today, where the
anti-national label is awarded to persons extra-constitutionally by the television news
anchors and journalists.

It is quite ironic that the usage of the term anti-national was not popular during the
emergency, even when the term is present in the constitution itself. A more sophisticated
terminology used at that time was that of anti-social elements. Perhaps, it provided a
benign dehumanising touch by calling persons as elements (things) and activities were
considered not as opposed to the nation but to the society. Sadly, the present-day political
drama is hell-bent on transforming a famously plural society into a singular homogenised
nation.

The reason why Article 31D is mostly hidden in the past and is less talked about (as
mentioned above, apart from the lack of spotlight on the 43rd Amendment) is that of its
omission. The terms omitted and repealed have different meanings and ought not to be
used as synonyms by the statutory interpreters of laws. The difference was somehow
vaguely dealt with in the Rayala Corporation Case [1970]. Article 31D was omitted and
was considered repealed by the 43rd Amendment. The Indian constitution is full of such
common errors of legislative drafting. Nevertheless, the point here is the omission by the
amendment and the focus on the landmark judgment of ADM Jabalpur v Shivkant
Shukla left Article 31D in less public attention and discourse.

What was wrong with the spirit of the Article 31D? In the Statement of Objectives and
Reasons for the 43rd Amendment, the then law minister Shanti Bhushan states in his last
point on December 12, 1977, as:

Article 31D confers special power on Parliament to enact certain laws in respect of anti-
national activities. It is considered that these powers of Parliament to make laws for
dealing with anti-national activities and anti-national associations are of a sweeping nature
and are capable of abuse. It is, therefore, proposed to omit article 31D.

In general, the Article 31D was used against the political opposition. The (in)famous laws
such as Maintenance of Internal Security Act, 1971 was amended under the constitutional
garb of Article 31D to stop the alleged anti-national activities.

Anti-Nationalism: Then and Now

Globally, the party politics in democratic settings suffers from a sort of amnesia to its
location and positions about public policy when in opposition. For example, the Nehruvian
government who fought and resisted the Government of India Act, 1935, but later became
the vocal proponents of its advantages in the Constituent Assembly. The decisions and
inclinations regarding any law when a political party is in power generally, are in contrast
to public stands adopted when in opposition. It is a widely observable phenomenon. The
parliamentary debates are mostly full of researched speeches of who said what, when in
power or in opposition, in contrast to their present day stand on a public law or policy.
Similarly, the word anti-national also becomes relative to the party in power and
opposition.

The examples of such oscillating behaviour of changing stances in politics is not a unique
occurrence. In the same way, naming anti-nationals suffers from the same episodic defect.
For example, Dr B.R. Ambedkar used the word anti-national in his famous concluding
speech as the final reminder in the long speech on the eve of adopting the Constitution in
the Constituent Assembly on November 25, 1949. He used the word to indicate the caste
system. He said,
The castes are anti-national. In the first place because they bring about separation in social
life. They are anti-national also because they generate jealousy and antipathy between
caste and caste. But we must overcome all these difficulties if we wish to become a nation
in reality. For fraternity can be a fact only when there is a nation. Without fraternity
equality and liberty will be no deeper than coats of paint.

But such is the irony that the Indian nation is defined by the idea of caste. Furthermore,
Nehru branded the first democratically elected Communist Party of the world as having an
anti-national existence and the state legislative assembly was subsequently dissolved.
Initially, Nehru also believed that the demands of linguistic states were anti-national and
presented a threat to national integrity and that of secession or cession. Subsequently, the
Syndicate of Congress Organisation led by K. Kamaraj named the Requisitions of Indira
Gandhi as anti-national.

Later, the legacy party that is Congress (I) named every other political force as anti-
national that created alleged internal disturbances and that resulted in the tragedy of
emergency and birth of Article 31D. The successive Janta government invoked anti-
national charges against Indira Gandhi with series of alleged vendetta criminal cases in
various courts. The return of Indira Gandhi in power again reversed what it meant to be
known as and called anti-national. The aftermath of Operation Thunderstorm and Blue
Star which led to the assassination of Indira Gandhi, in 1984, by his Sikh bodyguards, led
the radical people in government to brand all of the Sikh community as anti-national.

The next decade was dominated by the rising radicalism of Hindu nationalism and
witnessed the demolition of Babri Masjid. The Muslims in India were also branded anti-
national and this led to riots in various parts of the country. In the meantime, the issue
of reservation was at its peak and people against the policy were called anti-national. It is
important to note that the categories of anti-national and anti-social were very porous and
were not so rigid, as it can be observed today.

This was primarily because public discourse judged persons or associations as for or
against the society, rather than against the contested term nation. The next decade and
millennia, with the rise of globalisation and economy, saw corruption as the biggest
menace to society or nation. The political and bureaucratic corruption became the new
black and was associated with anti-national. The rise of Aam Aadmi Party (AAP) and
reclaiming of the Gandhian swaraj (self-rule) became a matter of contestation, and the
party in power called the activists such as Anna Hazare and others anti-national over the
Ombudsmen (Lok-Pal) law.

Lastly, when the AAP attained an absolute majority in Delhi, the Congress and the
Bhartiya Janta Party (BJP) became anti-national. Now, when BJP is in power in Centre
and is constantly achieving a majority in the various state legislative assemblies, every
form of dissent is termed anti-national.

The above examples establish that whosoever is opposing the government shall be
christened as anti-national or anti-social. The evidence is sufficient to conclude that
irrespective of the political leanings, the label of anti-national shifts as the government
changes or with the change in the dynamics of party politics. The only difference in the
present day is that the word anti-national has become very vulgar and public because of
the new communication systems and because, mass political polarisation is easy than ever
before.

What if the five-points of anti-national activities of Article 31D are appropriated and read
in the present circumstances? First, the moral right and advocacy for people in Kashmir to
national self-determination of Jammu and Kashmir would be considered as an anti-
national activity. Second, the entire aftermath of JNU episode would be considered as an
anti-national activity and association by law. The writing and speaking academically to
question the idea of sovereignty can be termed as anti-national. Even talking about coups,
the infamous spooked story of Shekhar Gupta in Indian Express was met with high
temperatures. Intriguingly, the then chief minister of Gujarat (now prime minister of India)
openly supported Gupta.

The phrasing of the term internal disturbances has a notorious past and can be traced as
one of the prominent reasons for the emergency. Disruption of public services has never
been considered anti-national when it is for the godman messenger of god (Ram Rahim
Insaan) or a protest by Jats, Gujjars or Patidars (dominant castes). Thus, it is fortunate that
the article was reversed so soon after it was incorporated. The fear remains that everything
which was part of the omitted provision of Article 31D is deemed to be anti-national today
by the jingoist masses and hero worshipers of the prime minister. This is more dangerous
than the inkling of the word anti-national in the constitution.
In conclusion, the meaning of the word anti-national activity has come a long way from
Article 31D. But, the reminiscences of its existence faded quickly. It is the events of last
three years of deaths, killings, suicides, returning awards, criminal defamations on various
known and unsaid grounds that perpetrates the same fear which Article 31D represented.
And hence, it is only in this sense that the present time can be equated with the emergency.
Also, the episodic nature of party politics and, to some extent, people’s politics is such that
one who opposes the power shall be deemed as anti-national, irrespective of the content
presented and government represented.

Laws in Context to Anti-Nationalism in India:

Sedition Laws: Section 124A of the Indian Penal Code (IPC) deals with sedition, which is
defined as any act or attempt to bring into hatred or contempt, or excite disaffection towards,
the government established by law in India. This provision has been criticized for its broad
scope and potential for misuse.

There is a thin line between criticizing the government, making a false propaganda against
the government and trying to destabilise the government. Destabilising a democratically
elected government certainly falls under the purview of sedition law.

The sedition law has been in debate ever since it was brought into force by the colonial
British rulers in 1860s. Several top freedom movement leaders including Mahatma Gandhi
and Jawaharlal Nehru were booked under the sedition law.

Mahatma Gandhi described it as the “prince among the political sections of the Indian Penal
Code designed to suppress the liberty of the citizen.”

Nehru had described it as “highly objectionable and obnoxious” which “should have no place
in any body of laws that we might pass”. Nehru said, “The sooner we get rid of it the better.”

Still, the law has survived in India through governments headed by from Nehru to Prime
Minister Narendra Modi.

The law has become synonymous with being anti-national, the courts have to interpret it in
terms of Article 19, which guarantees the right to freedom of speech and expression but also
provides riders.
The riders are that you have to give a free passage to the government to function in a proper
way. You can protest, you can agitate against the government and criticize its policies but
you cannot do it in a way that jeopardizes the functioning of the government. Running a
government smoothly is also democracy and a constitutional obligation.

The Supreme Court on numerous occasions in the past has ruled that raising slogans against
the government or criticizing its policies is not sedition. In a 1962 case, the Supreme Court
had ruled “citizen has a right to say or write whatever he likes about the government”. The
five-judge bench had added a rider that while criticizing, a citizen could “incite people to
violence against the government”.

In yet another case in which two persons had raised slogans of “Khalistan Zindabad” and
“Raj Karega Khalsa” outside a cinema hall in the aftermath of the assassination of former
Prime Minister Indira Gandhi, the Supreme Court had dismissed the sedition charge.

“The raising of some slogans only a couple of times by the two lonesome appellants, which
neither evoked any response nor any reaction from anyone in the public can not attract the
provisions of Section 124A or Section 153A IPC [promoting enmity between two groups],”
the Supreme Court had said.

Information Technology Act:

The Information Technology (IT) Act, also known as the Information Technology
(Amendment) Act, 2008, is an Indian legislation that governs electronic communication and
transactions in India. It was enacted with the aim of providing legal recognition to electronic
transactions, facilitating electronic filing of documents, and promoting e-governance.

 Legal Recognition of Electronic Documents: The Act provides legal recognition to

electronic documents, digital signatures, and electronic records, making them
equivalent to paper documents and handwritten signatures.
 Cybercrimes and Offenses: The Act defines various cybercrimes such as hacking, data
theft, identity theft, cyber stalking, cyber terrorism, and publishing sexually explicit
material electronically. It also prescribes penalties for these offenses.
  Digital Signatures: The Act establishes the legal framework for the use of digital
signatures for authentication and verification of electronic documents and
transactions.
 Cyber Security: It mandates the establishment of bodies like CERT-In (Indian
Computer Emergency Response Team) to deal with cybersecurity incidents and to
safeguard the Indian cyberspace.
 Regulation of Intermediaries: The Act imposes certain obligations on intermediaries
like internet service providers, web hosting companies, social media platforms, etc., to
exercise due diligence while discharging their duties.
 Data Protection and Privacy: Although the Act does not specifically address data
protection and privacy, the government has proposed amendments and additional
regulations to address these concerns, notably the Personal Data Protection Bill,
which aims to regulate the processing of personal data of individuals in India.
 Jurisdiction and Adjudication: The Act specifies the jurisdiction of courts in cases
related to electronic transactions and cybercrimes. It also outlines the procedures for
adjudication of disputes and offenses under the Act.
 Penalties and Offenses: The Act prescribes penalties for various cybercrimes and
offenses, which may include imprisonment and fines depending on the nature and
severity of the offense.
 Amendments: The Act has been amended several times to keep pace with
technological advancements and emerging challenges in cyberspace. The most
notable amendment was in 2008, which introduced significant changes to strengthen
the legal framework for electronic transactions and cybersecurity.

The IT Act plays a vital role in context to anti-nationalism as what one puts out on the
internet and so forth must be in line with the laws and guidelines for what may be
considered anti-national.

Acts mentioned here on are regarding national security and preventing anti-nationalism

Armed Forces Special Powers Act:

The Armed Forces Special Powers Act (AFSPA) is a law enacted in India in 1958
to address internal security challenges, primarily in regions afflicted by insurgency
or armed conflict. Its application extends to designated "disturbed areas" where the
 central government deems it necessary to deploy armed forces to maintain law and
order.

 History: AFSPA was first implemented in the northeastern state of Assam and later
extended to other states facing similar security concerns, including Jammu and
Kashmir. The law was originally intended to provide legal authority to the armed
forces to effectively combat insurgency and maintain public order in areas affected
by armed conflict.
 Applicability: AFSPA empowers the central government to declare certain areas as
"disturbed" and grant special powers to the armed forces operating there. These
powers include the authority to arrest without a warrant, use force even to the
extent of causing death, and conduct searches of premises without prior notice.
 Need: The rationale behind AFSPA is to equip the armed forces with the necessary
legal framework to effectively counter insurgency and maintain public order in
areas where conventional law enforcement measures may be inadequate due to the
prevailing security situation. Supporters argue that it is essential for protecting
national security and ensuring the safety of civilians and armed forces personnel
operating in hostile environments.
 Law and Criminal Procedure Code: AFSPA provides immunity to armed forces
personnel from prosecution for actions performed in the line of duty unless
sanctioned by the central government. However, any excesses committed by armed
forces personnel are subject to scrutiny, and disciplinary action can be taken
against them under military law. The law operates in conjunction with the Criminal
Procedure Code (CrPC) and other relevant legal provisions, ensuring that due
process is followed while dealing with security-related incidents.
 Constitutionality: AFSPA's constitutionality has been upheld by various courts in
India, including the Supreme Court, which has recognized the need for such
legislation in dealing with extraordinary situations that threaten national security
and public order. However, there have been ongoing discussions and debates
regarding the scope of its powers and the need for accountability mechanisms to
prevent misuse or human rights violations.
 In conclusion, AFSPA is a legislative measure aimed at addressing internal security
challenges in specific regions affected by insurgency or armed conflict. It grants
special powers to the armed forces to maintain law and order in designated
"disturbed areas" while operating within the framework of existing laws and
constitutional provisions. Its implementation is guided by the principle of
upholding national security while ensuring accountability and respect for human
rights.

Unlawful Activities Prevention Act:

The Unlawful Activities Prevention Act (UAPA) is an Indian law enacted to prevent
unlawful activities that threaten the sovereignty and integrity of India. It primarily
addresses issues related to national security and aims to prohibit certain activities that pose
a threat to the nation's unity, integrity, and security.

 History: The UAPA was first introduced in 1967 as a response to growing internal
threats to India's security. Over the years, it has undergone several amendments to
strengthen the legal framework for combating terrorism and other unlawful
activities.
 Objective and Need: The primary objective of the UAPA is to empower law
enforcement agencies to take necessary measures to prevent unlawful activities that
pose a threat to national security. It provides a legal mechanism to deal with
activities such as terrorism, insurgency, and unlawful associations that seek to
undermine the sovereignty and integrity of India.
 Applicability: The UAPA applies to individuals and organizations involved in
unlawful activities that threaten national security. It enables law enforcement
agencies to investigate, prosecute, and take preventive measures against such
activities.
 Legal Framework: The UAPA provides a comprehensive legal framework for
dealing with unlawful activities, including provisions for investigation,
prosecution, and trial of offenders. It empowers designated authorities to take
preventive measures, such as detention and asset forfeiture, to combat terrorism
and other unlawful activities.
  Relation to Criminal Procedure Code (CrPC) and Constitution: The UAPA operates
within the broader legal framework of the Criminal Procedure Code (CrPC) and the
Constitution of India. It outlines procedures for investigation, arrest, detention, and
trial of individuals accused of unlawful activities, ensuring compliance with
constitutional principles of due process and fair trial.

In summary, the Unlawful Activities Prevention Act is a legal instrument aimed at

preventing and combating unlawful activities that pose a threat to national security,
operating within the framework of the Criminal Procedure Code and the Constitution of
India. It is designed to empower law enforcement agencies to safeguard the sovereignty
and integrity of the nation.

National Security Act:

The NSA applies to all citizens of India, as well as to individuals of foreign nationality
within the country's jurisdiction. It empowers the government to detain individuals
suspected of activities considered detrimental to national security or public order for a
specified period without filing formal charges. The act is primarily invoked in situations
where ordinary laws are deemed insufficient to address threats to national security and
public order.

 History and Background: The NSA was first enacted in 1980 and has since
undergone several amendments to strengthen the government's ability to combat
emerging security challenges. Its origins lie in the need for a legal mechanism to
address threats posed by internal disturbances, terrorism, and other activities
jeopardizing national security.
 Need and Justification: The enactment of the NSA was necessitated by the evolving
security landscape within India and the emergence of new threats to national
security and public order. The act provides law enforcement agencies with
additional tools to prevent and counter activities posing a threat to the country's
stability and security.
 Legal Framework and Provisions: The NSA empowers designated authorities,
typically state governments, to detain individuals without formal charges for a
period of up to twelve months if there are sufficient grounds to believe that their
activities pose a threat to national security or public order. The act allows for
 preventive detention, meaning individuals can be detained based on suspicion of
future involvement in activities prejudicial to security or public order, rather than
solely on evidence of past actions.
 Relation to Criminal Procedure Code and Constitution: The NSA operates in
conjunction with the Criminal Procedure Code (CrPC) of India, which outlines the
procedural aspects of arrests, detention, and legal proceedings. However, the NSA
provides specific provisions for preventive detention beyond those outlined in the
CrPC, reflecting its specialized focus on national security concerns. The act is
subject to the provisions of the Indian Constitution, ensuring that measures taken
under its purview are in accordance with constitutional principles and safeguards.

In summary, the National Security Act of India is a legal instrument designed to address
threats to national security and public order, providing the government with additional
powers to detain individuals suspected of activities deemed prejudicial to the country's
stability. Its enactment and application are grounded in the evolving security challenges
faced by India, with due consideration given to constitutional principles and legal
safeguards.

Diplomacy in the Indian Content:

Diplomacy in the Indian context encompasses a wide range of diplomatic activities

conducted by the Indian government to safeguard national interests, promote economic
growth, foster regional stability, and enhance global influence. India's diplomatic efforts
are shaped by its historical, cultural, geographical, and strategic realities. Here are some
key aspects of diplomacy in the Indian context:

 Non-Aligned Movement (NAM): India played a significant role in the formation of

the Non-Aligned Movement during the Cold War era. NAM aimed to maintain
neutrality in the ideological rivalry between the United States and the Soviet
Union, advocating for decolonization, sovereignty, and cooperation among
developing nations.
 Strategic Autonomy: India pursues a policy of strategic autonomy, emphasizing its
independence in decision-making and foreign policy. While engaging with major
powers like the United States, Russia, and China, India maintains its sovereignty
and prioritizes national interests.
 Neighbourhood Policy: India gives utmost importance to its immediate
neighbourhood, implementing the "Neighbourhood First" policy. Strengthening ties
with countries in South Asia and the Indian Ocean region is crucial for regional
stability, economic cooperation, and countering common security challenges.
 Economic Diplomacy: India's economic diplomacy focuses on attracting foreign
investment, promoting trade relations, and fostering technology partnerships.
Initiatives like "Make in India" and "Digital India" aim to boost domestic
manufacturing and innovation while engaging with global economic players.
 Multilateralism: India actively participates in multilateral forums like the United
Nations, G20, BRICS, and SCO. It advocates for reforms in global governance
institutions to reflect contemporary geopolitical realities and ensure equitable
representation for developing countries.
 Soft Power: India leverages its cultural heritage, yoga, Ayurveda, Bollywood, and
traditional arts to enhance its soft power and global influence. Cultural diplomacy
plays a significant role in building bridges with other nations and promoting
people-to-people contacts.
 Security and Counterterrorism: Given its geographical location and security
challenges, India engages in bilateral and multilateral cooperation to address
terrorism, piracy, and transnational crime. Collaborative efforts with countries in
the region and beyond are vital for maintaining peace and security.
 Global Issues: India contributes to global discussions on climate change,
sustainable development, and peacekeeping operations. As a responsible
stakeholder, India advocates for collective action to tackle common challenges
facing humanity.
 Track II Diplomacy: Besides official channels, India also engages in Track II
diplomacy, involving non-governmental organizations, think tanks, and academic
institutions. These interactions facilitate informal dialogue, confidence-building
measures, and innovative policy solutions.
 Digital Diplomacy: With the growing importance of digital platforms, India utilizes
social media, online campaigns, and virtual summits to communicate its foreign
policy priorities, engage with global audiences, and project a positive image
internationally.
In conclusion, diplomacy in the Indian context is dynamic, multifaceted, and guided by the
principles of strategic autonomy, regional cooperation, and global engagement. India's
diplomatic endeavours aim to safeguard national interests, promote economic growth, and
contribute to global peace and development.

Global Diplomacy:

Global diplomacy refers to the practice and process of conducting international relations and
negotiations between nations, governments, or other international actors on a global scale. It
involves the exchange of ideas, negotiations, agreements, and resolutions aimed at addressing
global challenges, promoting cooperation, resolving conflicts, and advancing common
interests among countries. Global diplomacy encompasses a wide range of activities,
including bilateral and multilateral negotiations, treaty-making, diplomatic missions,
summits, and international organizations such as the United Nations, where representatives
from different countries engage in diplomatic efforts to address issues of global concern, such
as peace and security, human rights, economic development, environmental protection, and
public health.

Need for Diplomacy:

Diplomacy plays a crucial role in international relations for several reasons:

 Conflict Resolution: Diplomacy provides a peaceful means to resolve conflicts

between nations. Through negotiations, compromises, and dialogue, diplomats aim
to prevent disputes from escalating into armed conflicts.
 Promotion of Interests: Diplomacy allows countries to pursue their interests on the
global stage. Diplomats engage in negotiations to secure favourable outcomes in
areas such as trade, security, and alliances.
 Crisis Management: During crises, such as natural disasters or political upheavals,
diplomacy facilitates coordinated responses among nations. Diplomatic channels
enable the swift exchange of information and resources to address urgent situations.
 Building Alliances: Diplomacy is essential for forging alliances and partnerships
between countries. These alliances can enhance security, promote economic
cooperation, and facilitate cultural exchange.
  Preventing War: Effective diplomacy can prevent conflicts from escalating into
full-scale wars. By fostering dialogue and understanding between nations,
diplomats work to defuse tensions and find peaceful solutions to disputes.
 Promoting Human Rights: Diplomacy is instrumental in promoting respect for
human rights and fundamental freedoms. Diplomatic efforts can pressure
governments to uphold human rights standards and address violations through
international cooperation and diplomacy.
 Negotiating Treaties and Agreements: Diplomats negotiate treaties, agreements,
and international conventions that regulate various aspects of international
relations, including trade, arms control, environmental protection, and human
rights.
 Cultural Exchange: Diplomacy facilitates cultural exchange and people-to-people
connections between nations. Cultural diplomacy promotes mutual understanding,
fosters appreciation for diversity, and strengthens ties between countries.

In essence, diplomacy serves as a critical tool for managing international relations,

resolving conflicts, promoting cooperation, and advancing global peace and prosperity.

Anti Nationalism in context to diplomacy/globally:

Anti-nationalism in a global context refers to the rejection or criticism of excessive

nationalism or extreme forms of patriotism that prioritize the interests of one's nation over
others, often to the detriment of international cooperation, understanding, and peace. It's
important to note that anti-nationalism doesn't necessarily mean a complete rejection of
national identity or pride in one's country, but rather a stance against the negative
consequences of unchecked nationalism.

 Global Interconnectedness: In today's interconnected world, issues such as climate

change, pandemics, terrorism, and economic crises transcend national borders.
Anti-nationalism recognizes the need for international cooperation and solidarity in
addressing these global challenges. It promotes the idea that solutions to these
problems require collaboration among nations rather than isolationist or nationalist
policies.
 Multiculturalism and Diversity: Anti-nationalism often celebrates multiculturalism
and diversity, emphasizing the value of different cultures, languages, and
 perspectives. It challenges the notion of a homogeneous national identity and
advocates for inclusivity and respect for cultural differences within and across
nations.
 Human Rights and Social Justice: Anti-nationalism can be closely linked to human
rights activism and social justice movements. It criticizes nationalist ideologies that
promote discrimination, xenophobia, or exclusionary practices based on ethnicity,
religion, or nationality. Instead, it emphasizes the universal principles of equality,
justice, and human dignity.
 Peace and Conflict Resolution: Nationalism, particularly in its extreme forms, has
historically been associated with conflicts, territorial disputes, and wars between
nations. Anti-nationalism promotes peaceful coexistence and diplomacy as
alternatives to militarism and aggressive nationalism. It encourages dialogue,
negotiation, and conflict resolution mechanisms to address international disputes.
 Global Citizenship: Anti-nationalism encourages the idea of global citizenship,
where individuals identify themselves as members of the global community beyond
their national affiliations. This concept emphasizes shared responsibility for the
well-being of humanity and the planet, transcending narrow nationalist interests.
 Critique of Imperialism and Colonialism: Anti-nationalism often includes a critique
of imperialism and colonialism, which are historical manifestations of nationalist
expansionism and domination by powerful nations over others. It seeks to
challenge the legacies of colonialism and promote decolonization efforts,
recognizing the rights and sovereignty of all nations and peoples.
 Transnational Movements: Anti-nationalism is often expressed through
transnational movements and organizations that advocate for global solidarity and
cooperation. These movements may address various issues such as environmental
conservation, human rights, economic justice, and peacebuilding, transcending
national boundaries in their advocacy efforts.

In summary, anti-nationalism in a global context promotes values of cooperation,

inclusivity, diversity, peace, and justice, while challenging the divisive and exclusionary
tendencies of extreme nationalism. It seeks to foster a more interconnected and
harmonious world where the well-being of all humanity is prioritized over narrow national
interests.
Certain Case Studies regarding Anti-Nationalism:

 Protests Nationalist Governments: In several countries, there have been protests

and movements against nationalist governments or policies perceived as promoting
exclusivity or discrimination. For instance, protests against the government of
Viktor Orbán in Hungary, which has been criticized for its nationalist and anti-
immigrant stance.
 International Solidarity Movements: Organizations and movements that advocate
for international solidarity and cooperation over nationalist interests. Examples
include global climate change activism, which often emphasizes the need for
international cooperation to address environmental challenges that transcend
national boundaries.
 Anti-Nationalist Media Outlets: There are media outlets and journalists who
actively critique nationalist ideologies and policies. These outlets often highlight
the negative consequences of nationalism, such as xenophobia, racism, and
authoritarianism.
 Globalization and Transnationalism: Economic and cultural globalization has led to
the rise of transnational identities and movements that challenge the primacy of
nationalism. This includes multinational corporations, international NGOs, and
cultural movements that promote cosmopolitan values and interconnectedness
across borders.
 Human Rights Organizations: Many human rights organizations work to protect the
rights of individuals and groups regardless of nationality, challenging nationalist
narratives that prioritize the interests of one nation over others. These organizations
often advocate for the rights of refugees, migrants, and minority groups who may
face discrimination in nationalist contexts.
 International Institutions: Organizations like the United Nations, European Union,
and various international courts and tribunals promote principles of international
cooperation and human rights that sometimes conflict with nationalist agendas.
These institutions provide platforms for diplomacy and conflict resolution that
transcend national boundaries.
 Social Media Activism: Online platforms have become important spaces for anti-
nationalist activism, with campaigns and movements spreading across borders
 rapidly. Hashtags like #NoBanNoWall and #BlackLivesMatter illustrate how social
media is used to challenge nationalist policies and attitudes.
 Anti-Colonial and Indigenous Movements: In regions with histories of colonialism,
there are often movements that resist nationalist narratives imposed by colonial
powers. These movements advocate for the rights and autonomy of indigenous
peoples and challenge the imposition of national identities that erase indigenous
cultures and histories.

Examples of Anti-Nationalist Incidents:

 Catalonia Independence Movement in Spain: The Catalonia independence

movement is a socio-political movement in the Spanish region of Catalonia that
advocates for the independence of Catalonia from Spain. It has deep historical
roots and is fuelled by cultural, linguistic, and economic differences between
Catalonia and the rest of Spain. The movement gained significant momentum in
recent years, culminating in a controversial independence referendum held in
October 2017, which was declared illegal by the Spanish government. Despit e
this, the movement continues to be a significant force in Catalan politics, with
ongoing debates about the region's autonomy and its relationship with the
Spanish state.
 Global Jihadist Movement: The global jihadist movement refers to a loosely
connected network of extremist groups and individuals who subscribe to a
radical interpretation of Islam and advocate for the establishment of a global
Islamic caliphate through violent means. These groups often engage in acts of
terrorism targeting both Western and non-Western interests. Some of the most
well-known groups associated with this movement include al-Qaeda, ISIS
(Islamic State of Iraq and Syria), and various affiliates and splinter groups
operating in different parts of the world.
 Support to Terrorist organisations: Terrorist organisations like Lashkar-e-Taiba
(LeT) Jaish-e-Mohammed (JeM) etc. are Pakistan-based militant organizations
that have been designated as terrorist groups by various countries and
international organizations, including the United Nations. Both groups have
been involved in carrying out numerous terrorist attacks primarily targeting
Indian interests in the disputed region of Kashmir. LeT is known for its
 involvement in the 2008 Mumbai attacks, while JeM is responsible for the 2019
Pulwama attack. These groups have been accused of receiving support from
elements within the Pakistani establishment, although Pakistan officially denies
any state sponsorship of terrorism.
 Chinese Border Intrusions: Chinese border intrusions refer to instances where
Chinese military forces have crossed international borders into territories
claimed by neighbouring countries. One of the most notable examples of this is
the ongoing territorial disputes between China and India along their shared
border in the Himalayan region of Ladakh. These intrusions often escalate
tensions between China and its neighbours and have led to occasional
confrontations and standoffs. Factors driving these intrusions include territorial
claims, strategic interests, and regional power dynamics.
 Propaganda by Hostile Nations: Propaganda by hostile nations refers to efforts
by certain countries to disseminate misleading or false information with the aim
of influencing public opinion, undermining democratic institutions, and
advancing their geopolitical agendas. This can take various forms, including
state-controlled media outlets, social media manipulation, cyber warfare, and
disinformation campaigns. Hostile nations engage in propaganda to shape
narratives, create divisions, and weaken their adversaries both domestically and
internationally.
 Khalistani Movement: The Khalistani movement is a Sikh separatist movement
that seeks to establish an independent Sikh state, Khalistan, in the Punjab region
of India. The movement emerged in the 1970s and 1980s in response to perceived
grievances among the Sikh community, including issues related to religious
identity, political representation, and economic disparities. The movement reached
its peak during the 1980s with the violent insurgency led by militant groups such
as the Khalistan Commando Force and Babbar Khalsa. However, the movement
was largely suppressed by Indian security forces by the early 1990s. Despite this,
remnants of the movement persist, and there are ongoing debates about Sikh
autonomy and grievances in India.

Interconnection of diplomacy, anti-nationalism, and scrutinizing nations:

The evolution of technology and communication has transformed diplomatic practices,
leading to increased transparency, public diplomacy, and digital diplomacy.

Non-state actors, such as multinational corporations, NGOs, and terrorist organizations,

have gained influence in shaping diplomatic agendas, including discussions on anti-
nationalism.

Factors contributing to the rise of anti-nationalism include globalization, economic

disparities, cultural homogenization, and perceived injustices within nation-states.

Anti-nationalist movements can destabilize governments, fuel ethnic or religious tensions,

and challenge the principles of national sovereignty and territorial integrity.

AIPPM's Role in Scrutinizing Nations Promoting Anti-Nationalism:

Research and Analysis: AIPPM conducts research to understand the drivers and
implications of anti-nationalism in different regions, providing insights for policymakers
and diplomats.

AIPPM in context to the agenda is supposed to offer policy recommendations aimed at

addressing the root causes of anti-nationalism, promoting inclusive governance, and
fostering dialogue between nations.

Diplomacy plays a crucial role in addressing the challenges posed by anti-nationalism,

requiring nuanced analysis, strategic engagement, and international cooperation.

AIPPM's efforts in context to the agenda is to scrutinize nations promoting anti-

nationalism and contribute to a deeper understanding of these complex dynamics and the
formulation of effective diplomatic responses.

Advocating for diplomatic isolation or sanctions against nations found to be actively

promoting or supporting anti-national activities within India.

Implementing robust counter-propaganda measures to debunk false narratives and

strengthen India's soft power diplomacy on the global stage.
Strengthening border security measures to prevent infiltration and cross-border terrorism,
particularly in vulnerable regions.

Collaborating with like-minded nations and international organizations to address the

common threat posed by nations promoting anti-nationalism.

Aim of the Agenda: The scrutiny of nations promoting anti-nationalism is a critical aspect of
safeguarding India's national interests, security, and unity. Through comprehensive analysis,
policy deliberations, and diplomatic initiatives, All India Political Partys Meet aims to
address this challenge effectively and uphold India's sovereignty in the face of external
threats.

Moderated Caucus Topics:

 Influence of globalization on the rise of anti-nationalism.

 Discussing the ethical considerations in addressing anti-nationalist movements
while respecting the principle of self-determination.
 Ways that digital diplomacy be leveraged to counter anti-nationalist narratives and
promote international cooperation.
 Discussing Security Measures to strengthen against anti-nationalist movements.
 Contemplating on the extent of interpretation of the sedition laws in context to anti-
nationalism.
 Discussing the implementation of legal frameworks and international cooperation
mechanisms to address the spread of anti-nationalist ideologies across borders.
 Exploring strategies for regulating social media platforms to prevent the
dissemination of anti-nationalist propaganda and hate speech.
 Addressing the role of education and media literacy in countering anti-nationalist
narratives and promoting inclusive national identities.
 Discussing strategies for countering extremist groups and organizations that promote
anti-nationalism through violence and radicalization.
 Exploring the role of cultural exchange programs and diplomatic initiatives in
promoting understanding between nations and countering anti-nationalist sentiments.
 Discussing the use of economic sanctions and trade policies to pressure nations that
promote anti-nationalism into compliance with international norms and values.
  Addressing the importance of protecting human rights and minority rights as a means
of countering anti-nationalist ideologies that target vulnerable populations.
 Discussing the role of international legal mechanisms, such as the International
Criminal Court, in holding individuals and states accountable for promoting anti-
nationalism and related crimes.
 Exploring ways to empower civil society organizations and grassroots movements to
counter anti-nationalist narratives and promote tolerance and inclusion.
 Discussing the importance of regional cooperation and joint initiatives in addressing
the root causes of anti-nationalism and promoting peace and stability.

Further reading:

 From 2016 to 2020, Growing Use of ‘Anti-National’ in Political Discourse on Indian

Twitter:
https://thewire.in/tech/twitter-india-anti-national-political-discourse
 When the Indian Constitution Defined 'Anti-National':
https://thewire.in/law/indian-constitution-defined-anti-national-revisiting-omitted-
article-31d
 Section 124A.Sedition:
https://www.indiacode.nic.in/showdata?actid=AC_CEN_5_23_00037_186045_152
3266765688&orderno=133
 The National Security Act, 1990:
https://www.mha.gov.in/sites/default/files/202208/ISdivII_NSAAct1980_20122018
%5B1%5D.pdf
 The Armed Forces Special Powers Act, 1958:
https://www.mha.gov.in/sites/default/files/armed_forces_special_powers_act1958.p
df
 The Unlawful Activities Preventions Act, 1967:
https://www.mha.gov.in/sites/default/files/A1967-37.pdf
 Information Technology Act, 2000:
https://www.meity.gov.in/content/information-technology-act-2000-0
Valid Sources:

 Government Reports (Each ministry publishes its own reports including the External
Affairs Ministry)
 PTI, PIB
 Government Websites
 Government News channels i.e., RSTV, LSTV, DD News
 Standing Committee Reports/ Commission Reports
 RTI Proofs
 Parliamentary Standing Committee reports
 Questions and Answers of the parliament
 Reports/Information from the United Nations