Galwan – India Legal https://www.indialegallive.com Your legal news destination! Fri, 14 Oct 2022 11:35:34 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg Galwan – India Legal https://www.indialegallive.com 32 32 183211854 India Legal Editor Inderjit Badhwar on the cover story of April 4 issue https://www.indialegallive.com/videos/india-legal-editor-inderjit-badhwar-on-the-cover-story-of-april-4-issue/ Sat, 26 Mar 2022 13:48:40 +0000 https://www.indialegallive.com/?p=262957 Chinese Foreign Minister Wang Yi was in India for a lightning trip, the first by a Chinese leader after the clashes in Ladakh nearly two years ago. This week’s India Legal magazine has a story by Colonel R. Hariharan that history has shown India that it can’t trust its wily neighbour. Even when they smile […]]]>

Chinese Foreign Minister Wang Yi was in India for a lightning trip, the first by a Chinese leader after the clashes in Ladakh nearly two years ago. This week’s India Legal magazine has a story by Colonel R. Hariharan that history has shown India that it can’t trust its wily neighbour. Even when they smile and shake hands, they needle India, as seen in Galwan. So how do we read the Chinese minister’s visit?
Find out in our story: https://www.indialegallive.com/column-news/india-china-ties-galwan-ladakh-wang-yi-visit/

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Beware of the Smiling Dragon https://www.indialegallive.com/column-news/india-china-ties-galwan-ladakh-wang-yi-visit/ Sat, 26 Mar 2022 09:57:03 +0000 https://www.indialegallive.com/?p=262879 By Col R Hariharan This article is not about “The Smiling Dragon”, the 1963 cult book by Helen E Peck and Jennie T Dearmin that tells the heart-warming story of a boy and his family and the Japanese culture and artistry surrounding kite flying. The book triggered the cult of the Smiling Dragon and a […]]]>

By Col R Hariharan

This article is not about “The Smiling Dragon”, the 1963 cult book by Helen E Peck and Jennie T Dearmin that tells the heart-warming story of a boy and his family and the Japanese culture and artistry surrounding kite flying. The book triggered the cult of the Smiling Dragon and a whole genre of cartoons and Japanese kites that continue to flourish to this day.

But today, it is related to realpolitik—of China’s dragon dance nearer our western and northern borders. Media speculation about an impending “surprise” visit of Chinese foreign minister Wang Yi came true when he landed in New Delhi on the night of March 24 from Pakistan. The Ministry of External Affairs (MEA) had been keeping mum, although it will be the first trip by a senior Chinese leader to New Delhi after the Galwan clash on June 15, 2020, in eastern Ladakh.

The MEA had probably kept it under wraps because India had been maintaining that peace and tranquillity in eastern Ladakh was an essential prerequisite for normalising estranged ties with China. Prime Minister Narendra Modi had explained this as India’s “consistent position” on ties with China even as late as March 21 during his virtual summit meeting with Australian PM Scott Morrison.

The Galwan incident was a moment of truth for India and Modi as it dashed his hope of building a win-win relationship with China despite the border dispute. After the incident, India took a series of actions to curb the influence of Chinese businesses and banned over 55 popular mobile apps. In spite of this, China continues to dominate India’s external trade; last year, it clocked a whopping $131 billion. At the same time, India has taken a number of measures to encourage manufacturers to “make in India” to replace imports from China. The fruits of these efforts are evident as India’s export of smart phones has jumped to Rs 43,000 crore from Rs 1,300 crore four years ago.

Both India and China have held a number of talks to defuse the military confrontation along the border. In September 2020, foreign ministers S Jaishankar and Wang Yi met on the sidelines of a meeting of the Shanghai Cooperation Organisation (SCO) in Moscow. Their extensive talks led to a five-point agreement to resolve the border confrontation in eastern Ladakh. The agreement aimed at implementing policy measures to defuse the border situation by the disengagement of troops, avoiding all action that could lead to confrontation and observing all protocols and agreements on border management to restore peace and tranquillity.

They met again in July and September 2021 on the sidelines of two SCO meetings in Dushanbe, capital of Tajikistan. Their talks continued to focus on ending the border confrontation. At the military level, border talks between commanders of both sides have led to progressive withdrawal of troops from friction points along the border. However, even after 15th round of commanders’ talks, held in March this year, withdrawal of troops from three friction points continues to be elusive. These include Patrolling Point (PP)-15 in the Gogra-Hot Springs area, Demchok and Depsang plain.

In spite of these efforts to build mutual trust, China periodically needles India on the border issue by publishing visuals of Indian prisoners in the Galwan incident. China has also created infrastructure to station troops permanently and populate villages created along the border. India was not amused when a commander of the Chinese forces who was wounded in the Galwan clash was used as a torch-bearer in the relay in the Winter Olympics in Beijing in February 2022.

Has the Chinese finance minister come with a proposal to ease the standoff at Ladakh border that has defied resolution during the last 18 months? It is unlikely to be such a simple process if we go by the Chinese dragon’s wily ways in the past. After all, even as Chinese President Xi Jinping was sitting with Modi on a traditional swing on the Sabarmati river front in Ahmedabad during his first ever visit to India in September 2014, Chinese troops were intruding across the Line of Actual Control (LAC) in Depsang plains in Ladakh.

Wang Yi is scheduled to meet with the National Security Adviser Ajit Doval, after which he will meet Jaishankar before taking off for Kathmandu. Apart from the border issue, there are other issues like the fate of 12,000 Indian students stuck in China after the Covid pandemic and reducing India’s trade deficit of Rs 80 billion with China.

But there are two elephants in the room—the Quadrilateral framework and the fallout of the Ukraine issue, affecting both India and China. These two issues could be the focus in Wang’s parleys in India.

The firming up of the Quadrilateral framework with Australia, India, Japan and the US as members has been a red rag for China ever since its inception in 2017. The Quad framework is not only to curb China’s increased muscle flexing in South China Sea and in the Indo-Pacific theatre, but it also aims to reduce the overdependence of international supply chains dominated by China.

After the Quad leaders’ virtual meeting in March 2021, a joint statement was issued titled the “Spirit of Quad” spelling out the group’s objectives and approaches. It included a joint initiative to bolster supply chain security for semi-conductors and their vital components, launch of a 5G deployment under the critical and emerging technologies, forming of a Quad senior cyber group to evolve shared cyber standards, development of secure software and decision on satellite data sharing. These have increased China’s suspicion of Quad members ganging up to whittle down its influence in emerging areas of technology.

China had been breathing fire and brimstone, particularly after India joined the Quad framework to curb its overreach in the Indo-Pacific. China had been warning not only India, but also browbeating Bangladesh and Sri Lanka about joining the Quad. After a Quad in-person summit meeting was held in the US in September 2021, the Communist Party of China’s tabloid, Global Times, warned India, Japan and Australia that the US will “dump them like trash” as it did to its allies in Afghanistan. It “warned” India, Australia and Japan against following the US “too far” as China would retaliate.

The editorial claimed that the US was trying to adopt an “Asian versus Asian” policy. They were pitting regional countries against each other by engaging with them. It attacked Japan’s PM Yoshihide Suga of “hyping up” the Chinese military threat to the Quad. It also said that India was not sure about the help it would receive from the US if it happens to engage in a conflict with China.

Russia’s “special military operation”, a euphemism for the invasion of Ukraine last month, and the strong response by the US and European countries, including non-members of NATO, have caught both India and China on the back foot. The strong sanctions slapped on Russia are likely to cause many problems to both India and China as they have strong multifaceted relations with Russia. It is not surprising that both the countries abstained while voting on all resolutions condemning Russia for invading Ukraine in the UN Security Council, UN General Assembly and the UN Human Rights Council. This has probably triggered fresh hopes in China to make common cause with India on the Ukraine issue. This could help China repair its fractured relations with India.

Meanwhile, the Chinese foreign minister seems to have shot himself in the foot with his statement at the Organisation of Islamic Countries (OIC) foreign ministers meeting in Islamabad on the eve of his visit here. He was reported as saying that China had the “same desire” as its Islamic friends on the issue of Kashmir and will continue to support the people of Palestine and Kashmir in their “just freedom struggle”.

Responding to media queries on these remarks, MEA spokesman Arindam Bagchi said: “We reject the uncalled reference to India by the Chinese Foreign Minister Wang Yi during his speech at the Opening Ceremony. Matters related to the UT of Jammu & Kashmir are entirely the internal affairs of India. Other countries have no locus standi to comment. They should note that India refrains from public judgement of their internal issues.”

Perhaps, a more forceful way of conveying India’s anger could have been to call off the visit of the Chinese foreign minister to New Delhi. But diplomacy and realpolitik work in strange ways. Wang Yi’s South Asia trip itself might be on a totally different mission: to boost President Xi’s standing as a “peace maker” when his term ends in 2022 and his widely expected election as lifetime presidency during the year.

 In any case, there are limitations in reading the Chinese mind. In this context, it is good to remember former US Secretary of State Henry Kissinger’s pithy comment: “A turbulent history has taught Chinese leaders that not every problem has a solution and that too great emphasis on total misery over specific events could upset the harmony of the universe.”

We will have to wait and watch for any statements or their absence at the end of Wang Yi’s visit to India. So let us beware of the Smiling Dragon. Even when it smiles, its breath of fire may singe others.

—The writer is a retired military intelligence specialist on South Asia associated with the Chennai Centre for China Studies

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Winter Blues https://www.indialegallive.com/cover-story-articles/focus/winter-blues/ Sat, 01 Aug 2020 09:11:55 +0000 https://www.indialegallive.com/?p=106347 Modin in Leh UNI (5)The two Asian giants have constantly had face-offs with each other. While the present one along the LAC is more serious, with winter approaching, India should be prepared for the long haul.]]> Modin in Leh UNI (5)

The two Asian giants have constantly had face-offs with each other. While the present one along the LAC is more serious, with winter approaching, India should be prepared for the long haul.   

By Praful Bakshi

When two nuclear neighbours like India and China come on the verge of an armed clash, the world sits up and watches with deep concern. Their tensions over the last seven decades have led to a war in 1962, followed by armed spats at Nathu La in 1967, Sumdorong Chu in 1989, Depsang (2013), Chumur (2014), Doklam (2017) and the current one from May 2020 on­wards. This has created a volatile atmosphere not only in the sub-continent but the entire Asian region. And if India is not able to evict the Chinese from the Ladakh region by October 2020, the approaching winter could see them ensconced more firmly on the chilly heights.

The last stand-off was after the Doklam one in May 2020, when two brigades of the PLA with some 6,200 soldiers and artillery units infiltrated four places in eastern Ladakh—three in Galwan Valley and one near Pangong Lake. India responded with suitable force deployed along the LAC. 

Following this, there were protests and counter-protests from both sides with flag meetings at appropriate levels, followed by a final one between the top commanders of both sides. China agreed to fall back by 2 km and evacuate some 10,000 troops, along with armour and other weapon systems, and asked India to do the same. However, the reality is that China has not retreated from many places along Pangong Lake, Galwan Valley, Depsang and other locations.

The various clashes in the past differed from the present one as this situation has serious consequences for both countries. A number of reasons could be attributed for the stand-off. They relate to different views by both countries on the cartography of the region and diplomatic relationships with strategic outcome in the region and other factors related to Nepal, Bhutan and Afghanistan. 

China, like other countries in the neighbourhood, was taken aback by the abrogation of by India in J&K and the creation of the Union Territories of J&K and Ladakh. The Chinese thought that repealing of Article 370 would remove whatever little autonomy J&K enjoyed and this included the disputed area in Ladakh. This move meant that the entire area would now come under the Indian government with no scope on the part of Pakistan or China to manipulate local politics.

It was after the 1962 war that China realised that it had to develop the areas opposite Ladakh and Arunachal from a military logistics point of view. This was because both India and China faced tremendous hardship in reaching tactical areas. Hence, China went about developing the whole area from the east of Ladakh to Arunachal systematically and logistically. China claimed this portion as southern Tibet and made it its own territory.

One just has to see the overall Chinese defence structure—military bases, railway yards, storage depots, air fields, helipads, radar and communication centres, missile bases, ordnance and supply depots—from Ladakh to Tawang, which covers some 3,700 km of the LAC, to realise how serious their military mind is (see box on the next page). India has a threat from five main airbases of China—Khotan, Kashgar, Golmud, Chengdu and Kunming. These are not very high in altitude and are within reasonable distance from Indian bases. 

China also decided to tackle India economically and started the massive $90 billion China-Pakistan Economic Corridor project in Pakistan-occupied Kashmir (PoK). This will ultimately be part of the transnational silk route involving a host of countries and will see various industrial development zones coming up with heavy loans provided by China.      

In comparison, the development by India’s logistic supply lines—roads, railways, advanced landing grounds, helipads, military stations—are insufficient, to say the least. Astonishingly, one defence minister even remarked that if military communication roads were built in places like Arunachal, the Chinese could use them to advance their own logistics in case of a conflict. 

However, for the last five years or so, this chink in our national security armour along with other shortcomings was noticed with great concern. So from 2014 onwards, massive projects in the form of roads and bridges were undertaken by India. This is one of the main reasons along with the repealing of Article 370 that propelled China to make intrusions.

India inaugurated the 255-km Darbuk-Shyok-Daulat Beg Oldie Road along the LAC in 2019. China, as expected, took serious objection to this as it felt that it was a major threat to its own ongoing projects in the Ladakh-PoK zone. In fact, what angered China further was that India had started to connect the Darbuk-Shyok-DBO Road to Galwan, close to Aksai Chin, directly, thus trying to reduce travel time from eight hours to 35 minutes. The Chinese demanded that India discontinue the project. Sixty-one such strategic roads were started by India and 75 percent of them are complete.

China has also run into rough wea­ther with other countries. Serious objections have been raised by Taiwan, Philippines, Indonesia, Malaysia, Australia and Singapore to various extra-territorial activities by it in the South China Sea. China is not only posing hindrances in sea trade routes but creating artificial islands and claiming exclusive territorial rights over them right from Spratly Islands to Maldives.

The world community has taken the matter seriously and many countries have vehemently objected to China’s bullying tactics and have sent in their warships. America has sent in two nuclear aircraft carriers, Nimitz and Ronald Regan, along with its squadron of warships and nuclear submarines. The UK sent in the Queen Elizabeth aircraft carrier and a squadron of warships. India has sent four warships. Australia, India, Japan and America are creating a Quad body to counter the expansionist tendencies of China. In spite of all this pressure, China’s stand in Ladakh is still aggressive. It has not vacated the occupied areas in Pangong-Depsang.

Meetings are still going on and the Chinese are continuing to consolidate and strengthen their position. If India is not able to evict the Chinese by October 2020, it will go against its interests as winter will be approaching. If India does not show aggression now in spite of being fully prepared militarily, China will gain territory. Sun Tzu, the legendary military strategist, said: “The best victory is that which is gained without fighting.”

Can India manage to achieve that?

—The writer is a military analyst and air accident investigator

Lead Picture: UNI

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