Wednesday, October 30, 2019

The quest for defense indigenisation



The Dr A.P.J Abdul Kalam committee was set up in 1995 to suggest reforms in India’s defense technology environment, among various other objectives. The committee had set a target for 70% indigenisation by 20051. The year is now 2019 and that target is still far away.

Last week saw the 9th group meeting of the India-US defense trade and technology initiative. It is being considered as one of the landmark initiatives in India’s demand for greater access to dual use technologies and joint development of critical systems which could help in India’s quest for defense indigenisation, which has been a long-drawn pursuit ever since the tragedy of 1962 war with China.

The defense industrial base, which is at the core of defense indigenisation, is a peculiar case in itself. In the last seven decades India has established more than 50 defense laboratories, roughly 40 ordnance factories and 10 defense public sector undertakings and despite that India has not produced a single assault rifle that can meet the global standards. What is interesting is that a nation that can send orbiter to Mars and Moon, develop missile systems which can rival the best in the world and be one of the few to have an anti-ballistic missile system, is having difficulties in developing a pistol which can rival Glock.

Many governments in the past have made attempts to increase the proportion of indigenous products in our weapon systems to 70%, but for many years this has stayed at roughly 30%, pushing India to the position of 2nd largest defense importer after Saudi Arabia2. The government has taken initiatives like Make in India for defence, creation of defense industrial corridors, offset policies etc but it may take many years before they bear fruits, if any.

The problems which plague the system are many, but it would be interesting to discuss about the issues which manage to stay beyond the public gaze. One of the few such things is an innocent document known as the National Security Strategy (NSS). It is perplexing that a country with the 3rd largest armed forces in the world and facing a range of external security challenges emanating from across the borders, could never move ahead of the draft stage when it came to NSS. The absence of NSS at central level translates into lack of coherence in execution level, whether in dealing with China on boundary issue, Pakistan on terrorism, or smuggling at Nepal and Bangladesh border. This gives the general impression that our security handling is nothing but ad hoc and tactics driven, bereft of any strategy.

In the US, NSS is a document which broadly talks about the security challenges the US faces and broadly outlines the way Uncle Sam plans to deal with those. The key role it plays is that it initiates a debate about the broad strategic positioning and provides guidance to the stakeholders, as well as holding the government accountable. In India, before the elections, the Congress party had entrusted Lt Gen (Retd) Hooda to come up with a draft NSS. This document had defined national security in a very broad and inclusive terms with the guiding philosophy: “This strategy recognises the centrality of our people. We cannot achieve true security if large sections of our population are faced with discrimination, inequality, lack of opportunities, and buffeted by the risks of climate change, technology disruption, and water and energy scarcity.” 3

This has been one of the most elaborate descriptions of national security in Indian context coming close to the Chinese idea of comprehensive national power. It has been reported that the recently formed defense planning committee headed by the NSA has been tasked with the formulation of NSS, but what remains to be seen is whether the government would bite the bullet and accept the draft that the committee comes out with. In the absence of NSS there is absolutely no clarity regarding what is the core at which our entire defense and strategic system should converge. As of now the road to be taken remains nebulous, for both government as well as private players.

Lt Gen (Retd) Hooda’s NSS has also talked about bringing in cultural change in DRDO, which is something which is needed by all the players, and not only DRDO. The major institutional players in the segment have not seen any deep structural reforms that would enable them to deliver products to meet the security scenario of the 21st century. The system, in which the consumers as well as the majority of domestic suppliers are both units of government, has seen a very poor level of coordination at both the inter as well as intra level. The suppliers, being government entity, have reached a state of organisational callousness primarily as they know they will survive even if their products are not sought any more by the armed forces. This attitude has led to a situation where crucial products are perennially in the stage of development (prime example being the Arjun Main Battle Tank)4. The same can be said about the organisational state of the ordnance factories, which have failed to deliver on time, even when the technology was readily available, for reasons like inability to timely expand the production capacities. On the consumer side, reports have blamed the armed forces for repeatedly changing the design parameters, leading to delays.

Another fundamental issue, that plagues the system but rarely discussed, is an absence of trust on the military as well the private sector. From the very beginning the political class was vary of military coups which were a common thing in the 3rd world countries. To prevent this an elaborate structure was weaved in which the responsibility for India’s defense was entrusted with the Defense Secretary, who is a career bureaucrat and a generalist, and not with the military. Even symbolically the military was given a lower position compared to civilian counterparts, as can be seen from the Order of Precedence as well as the status provided to the offices of the three service chiefs. Moreover, the recommendation of many committees to create the post of Chief of Defense Staff had fallen on deaf ears primarily because of the fear that it would become an all too powerful institution. This absence of trust on military and reliance on civilian bureaucracy has created a situation where the IAS and IPS, despite being generalists, wield disproportionate influence over India’s security issues, with the forces remaining as onlookers and not key drivers of critical processes.

In case of private sector, this attitude then was a result of a general leaning towards socialism and not something specific to defence. Post 90s, while the distrust of private sector from other streams of economy vanished, an element of reluctance still lingers when it comes to defense. Overzealous scrutiny of defense deals for political purposes has made the scenario worse.

The ability to rely on self when it comes to defense is not something superficial, it would need an overhaul of our strategic and defense thought as well as architecture. A start can be made with the restructuring of DRDO along the lines of US DARPA and kicking OFBs out of their bureaucratic quagmire. An element of enterprise needs to be brought in with focus on diversification and exports, as has been demonstrated by DPSUs like BEL. Lessons can also be learnt from countries like France and Israel, who plough a significant portion of their revenues from exports back into research and development, thus creating a self-sustaining cycle. There are many good ideas which have been given by scholars and bodies like IDSA which need to be looked into, but most importantly discussions about important issues like defense need to be extricated from being reduced into binaries of India vs Pakistan or India vs China.

Sun Tzu once commented that the supreme art of war is to subdue the enemy without fighting. This subjugation can never be achieved with now and then shopping of weapons and technologies at international markets, at the cost of a robust domestic defense-industrial complex.

                                                                                                                                  Written by:
                                                                                                                      Anshuman Mishra
                                                                                          (anshuman.mishra@astra.xlri.ac.in)


References:
1.India Today. Manohar Parrikar to India Today (2016) Available at: https://www.indiatoday.in/magazine/interview/story/20170306-manohar-parrikar-indigenisation-defence-ministry-public-private-sector-drdo-985868-2017-02-27
2.Ghosh, Ranjit. Indigenisation: Key to self-sufficiency and strategic ability
3.Jacob, Happymon. A blueprint for a national security strategy/ The Hindu (23.05.2019)
4.Ghosh, Ranjit. Indigenisation: Key to self-sufficiency and strategic ability

Sunday, October 20, 2019

The 2019 Data Protection Bill – An Intractable Balance


The Data Protection Bill, which was drafted in July 2018 by a 10-member team led by retd. Justice BN Srikrishna, will probably be tabled in the Winter session of Parliament. It proposes the creation of a Data Protection Authority in India to prevent personal information misuse and imposes frameworks for data localization [1]. Union Communications, Electronics and Information Technology Minister Ravi Shankar Prasad on Monday said the Data Protection Bill is ready and would be placed in Parliament soon. He said that the bill would offer a pragmatic view of all aspects of the Internet, like accessibility, availability, privacy, neutrality, commerce and local data warehousing. The bill also sets guidelines in place on “critical” or “sensitive data”, and mandates that such data is stored strictly within Indian data warehouses.

If data is the new oil, then this might sound like just the framework that we need to regulate the supply lines. However, the statements made thus far about this bill may have a certain degree of specificity towards its expectations from data handling that may not resonate perfectly with all the stakeholders involved. For instance, Minister Ravi Shankar Prasad also said that while the government is for free and fair accessibility of Internet through various gates and against any restriction, it cannot allow terrorists to make use of the privacy plea while regretting that some apps, like WhatsApp, are not doing enough to check the misuse of the medium by radicalists. He said the government should be able to know the origin of fake news and other misuse and it would bring in regulations to check abuse of the medium by these apps.

A similar concern was tabled by BJP leader Ashwini Kumar Upadhyay, who sought to link social media accounts of Indian citizens with their Aadhar, so as to add accountability to the content posted by users and curb fake news. However, this petition was not entertained by the Supreme Court, asking Upadhyay to move to the Madras High Court with this issue [2]. As per a Supreme court ruling, Aadhar is meant for availing government benefits, not for private usage.[3] While social media giants like Facebook and Twitter are being cajoled to take sterner measures towards regulating content that may instigate social unrest, this request is at odds with the very privacy that this bill seeks to enforce, which was declared as a fundamental right in 2017. Social media firms and legal bodies have their work cut out for them, carving out a robust middle ground between privacy and traceability. These cases are in strong resonance with the 2016 Apple encryption case, wherein Apple refused to provide a backdoor into their devices to the FBI. The outcome of the case suggests that any changes in the content regulation strategy on social media, be it instigated by the government, the courts, or the social media giants themselves, has to take the core values of the firm in question.

Similar bills have already been introduced in other countries over 2019, including Sri Lanka and Ecuador, both of whom take notes from the European General Data Protection Regulation GDPR draft. However, the Sri Lankan bill focuses more on data privacy protection and effective cross-border co-operation.[4] On the other hand, the Ecuador equivalent was designed in a rushed manner, in response to a massive data breach which left the personally identifiable information (PII) of over 20 million people on an unprotected server. Thus, the focus of the Ecuador data protection bill was towards data processing practices, data subject rights and data provisions to external entities.[5] The GDPR of the European Union is serves as a comprehensive data protection guideline. While much still remains speculative about the Indian Data Protection bill, there are certain unique features in the GDPR that can add value to it, as given below [6]:
·        Clear, straight-forward privacy policies
·        Silence is no consent. Clear user consent needed by a business to use their data.
·        Transfer of personal data, if any, needs to be clearly notified to the user
·        The occurrence of a harmful data breach should be notified to the user
·        User’s right to access their data that the business has

Based on the considerations made by other nations, it seems that the Indian data protection bill aims to resolve a rather unique conundrum, that is not only limited to protection of data, but also purposefully expands to responsible utilization of online data. Given what was mentioned by Mr. Ravi Shankar Prasad about data misuse, no data protection bill in any other geography thus far has tabled data monitoring in its charter. Either we’ve seen this problem at an early stage, or at a massive scale, given the population of the country. Therefore, India needs to achieve a future-proof balance between data protection and supervision with this bill. While this may seem like an intractable challenge, if solved, it would set the Indian Data Protection Bill as an iron-clad benchmark for future legislations focused on protecting the citizen in the digital ecosystem.

Written by:
Saransh Kejriwal
(b19043@astra.xlri.ac.in)

References

[1] NDTV Gadgets 360. (2019). New Data Protection Bill to Be Placed in Parliament Soon: Prasad. [online] Available at: https://gadgets.ndtv.com/internet/news/new-data-protection-bill-to-be-placed-in-parliament-soon-prasad-2116982 [Accessed 19 Oct. 2019].

[2] Times Of India. (2019). SC junks plea seeking to link Aadhaar with social media accounts | India News - Times of India. [online] The Times of India. Available at: https://timesofindia.indiatimes.com/india/sc-junks-plea-seeking-to-link-aadhaar-with-social-media-accounts/articleshow/71589042.cms [Accessed 19 Oct. 2019].

[3] DASGUPTA, D. (2019). India debates linking social media accounts to government IDs. [online] The Straits Times. Available at: https://www.straitstimes.com/asia/south-asia/india-debates-linking-social-media-accounts-to-government-ids [Accessed 19 Oct. 2019].

[4] Babele, A. (2019). Summary: Sri Lanka Personal Data Protection Bill - MediaNama. [online] MediaNama. Available at: https://www.medianama.com/2019/07/223-summary-sri-lanka-personal-data-protection-bill/ [Accessed 19 Oct. 2019].

[5]Financial Times(2019). Ecuador fast-tracks data privacy law after massive breach | Financial Times. [online] Available at: https://www.ft.com/content/35f9aea0-dbb0-11e9-8f9b-77216ebe1f17 [Accessed 19 Oct. 2019].

[6] European Commission - European Commission. (2019). EU data protection rules. [online] Available at: https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules/eu-data-protection-rules_en [Accessed 19 Oct. 2019].