India and China have been in conflicts from the early 60s which lead to the Indo – China war which resulted in a huge loss of lives and property. The Indian army was defeated by the Chinese troops and various military reforms were taken aftermath of the war. After the Indo – China war, the diplomatic and trade relations were co-ordinal between the nations. In the early 90s, the two sides signed the Sino – Indian Bilateral Peace and Tranquility Accords, which is an agreement made by the nations to maintain peace and harmony along the Line of Actual Control ( LoAC ). Later, many instances lead to face-offs between the troops but they were resolved. The recent incident in the Galwan Valley leads to higher tensions and there was a higher possibility of war between the nations. Twenty brave hearts were martyred in the incident and the Indian army retaliated causing higher causalities in the Chinese troops.
2. REASONS FOR GALWAN INCIDENT:
The reason for this violent clash is India’s policy regarding Jammu and Kashmir. The repeal of Article 370 of the Indian Constitution and autonomy to the state is considered as one of the reasons for clash. Further disputed areas in the Ladakh region were included in the state. It was very evident when China moved a resolution in the United Nations Security Council along with Pakistan to denounce the act done by India. The main reason for the deadly clash was due to advancement of infrastructure activities carried by the Indian side in the border and disputed areas. India opened up a 158-mile Darbuk – Shyok – Daulat – Beg Oldie road along the border which triggered the Chinese troops. The Chinese ministry claims that the particular region belongs to China’s economic corridor connecting Pakistan and the Central part of China via Karakonam which is situated near the Galwan valley. Further the Valley is situated near Akshai Chin Plateau which is occupied by China but claimed by India.
3. BAN ON CHINESE APPS
4. ECONOMIC ASPECT:
It was observed that TikTok garnered a whopping $3 billion profit in the financial year 2019 on $17 billion of revenue. India contributed 44% of company’s overall profit and one of the prime markets for the Chinese developer. India records the highest spike of downloads estimating to 611 million downloads. Tiktok holds highest number of users from India and greatest market for the Chinese digital typhoon ByteDance. The government also stated that ban on these apps have an economic aspect and it provides a platform for indigenous developers to develop similar applications and generate revenue. India contributes the maximum profit to these companies. Ban on these apps have a greater financial strain on Chinese companies and there will a vacuum in their profits. It is estimated that around Rs 4500 crore losses will be sustained by the Chinese company due to ban of this app in India. It will be a highest drip in the revenue generated by the company due to ban in India. The government of India is inviting the indigenous developers to develop the applications which are banned. It provides a platform for the native developers to develop apps and further generate revenue within the territory of the country.
5. LEGALITY REGARDING BAN ON THESE APPLICATIONS:
The ministry of IT stated that the ban was under the provisions of the Information Technology Act, 2005. The ministry also stated that it follows the procedures prescribed under Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009. Rule 9 of the procedure clearly states that can site can be blocked under the ambit of Sec 62 A of the Information Technology Act, 2000. The provision authorizes the designated authority or Central government to block sites to public access which affects the security or integrity of the state. Rule 9 empowers the Secretary of Department of Information Technology to make an interim order and not a permanent order. The interim measure must be referred to a committee and only based on the recommendations issued by the committee, the ban stays valid. The ministry of IT has to prove that the ban is due to infringement in the security of the country and further the essential conditions stated under section 69 A have to be proven. The interim measure must be sent to the review of an expert committee within 48 hours.The committee has to decide the ban within seven working days and the application developers have to present their opinions within 48 hours to the committee from the day of notice. The committee will review the policies and statements made by the ministry and developers to conclude. The ban will be based on the observations and recommendations made by the committee. The ministry of IT has to prove that these apps have violated:
- Sovereignty and integrity of India defence of India, security of the State, friendly relations with foreign States or public order.
- Unauthorized collection of data and information from the users.
- Involved in data theft and unauthorized transfer of user information and data to other servers apart from India.
6. OTHER ESSENTIAL CONCERNS:
It was a great move made by the Indian government to ban these apps which pose a great threat to the security and sovereignty of our country but still, there is lot of other concerns which has to be taken into consideration like wide market space held by the Chinese smart phone companies in India. Indian developers must be motivated and encouraged to develop similar applications and proper infrastructure must be provided by the government to enhance productivity. India has to develop its cyber security operations and internal cyber systems have to be well protected. India must take more diplomatic and political moves to curb the Chinese government. The revenue generated to Chinese companies from India has to be stopped and indigenous tech companies must be promoted. The effects of this ban can be ascertained only in the long run and India has already started its cyber war against China.
Katie Roof and Zheping Huang, ByteDance Hit $3 Billion in Net Profit Last Year, (May 27, 2020, 10:00 AM <https://www.bloomberg.com/news/articles/2020-05-27/bytedance-is-said-to-hit-3-billion-in-profit-as-revenue-doubles.>
AnkitaChakravarthi, Tik-Tok garners over 2 million downloads, (April 30, 2020 , 02:10PM ) <https://www.indiatoday.in/technology/news/story/tiktok-garners-over-2-billion-downloads-india-tops-the-chart-with-611-million-downloads-1672833-2020-04-30.>
Rule 9 of Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009.
The Information Technology Act, 2000, Sec 62A.
ShivaniAnand, India smartphone ships record 46.6 million units, (November 11, 2019), <https://www.idc.com/getdoc.jsp?containerId=prAP45640019.>
Times of India, Half a million Indian Facebook users may be affected in data breach, (April 5,,2018,23:05 IST) ,<https://timesofindia.indiatimes.com/india/over-half-a-million-indian-facebook-users-may-have-been-affected-in-data-breach/articleshow/63625675.cms.>
SurabhiAgarwal, Whatsapp admits it could have handled data breach better, (November 21,2019, 09:08 IST),<https://economictimes.indiatimes.com/tech/internet/whatsapp-admits-it-couldve-handled-data-breach-better/articleshow/72153091.cms?from=mdr.>