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China passes new Border Law: Impact on India

A new border law has found a place in the Chinese legislation, which is to come into effect from January 1, 2022. The passing of the law, which permits Chinese military to “combat any acts” that undermine China’s territorial claims, coincides with stepped up Chinese activity along the land borders with its neighbors, especially that of India.

The law, which was first proposed in March this year, surfaces amid an enduring 17-month standoff between Indian and Chinese forces at the Line of Actual Control (LAC). Its clashes with India were witnessed in Galwan Valley in June 2020 that marked the worst violence since 1967, then in Pangong Lake, Demchok, Depsang, and other areas.

Not only will China now be able to formalise its acts during such incidents, the gravity of the move worsens situations for India in many other ways as well.

The obvious harm

The new law would instantly give a stamp of approval for some of China’s recent actions in disputed territories with both India and Bhutan. This includes PLA’s massing of troops in forward areas along the India border, multiple transgressions across the LAC, and the construction of new “frontier villages” along the border with Bhutan.

The law clearly states that weapons can be used against those who illegally cross borders to commit physical assault, resist arrest or engage in other violent activities.

These stipulations, to a great extent, seem to match the situations that often arise during incidents like the Galwan Valley stand-off. This law, thus, may permit China to take actions and even use weapons against its opponent during any such incident in future.

However, it remains to be seen whether China would adhere to the Border Peace and Tranquility Agreement that it has already violated three times amid the recent clashes with India.The agreement, which was signed by India and China back in September 1993, aims for maintaining peace and tranquility in areas along the line of actual control in the India-China border areas.

Dual-use villages & the new Chinese law

Article 22 of the new Chinese law states the PLA “shall carry out border duties” including “organising drills” and “resolutely prevent, stop and combat invasion, encroachment, provocation and other acts”.

It also stresses on encouraging and carrying out economic, social and infrastructural developments, with state support for construction of border towns, which is something India has strongly been objecting to.

China has been building what the Indian Army refers to as ‘dual-use’ border villages along the LAC. India’s objection to the construction of such town stems from distrust, as these can be settlements in disguise, which can also be used for military purposes.

Background

Almost an year ago, Chinese and Indian soldiers had gotten into a firing incident that had taken place on the northern bank of Pangong Tso lake in Eastern Ladakh. The face-off was a result of Indian Army’s efforts to keep a hawk-eye vigil on Chinese activities as it bolstered its presence at key heights overlooking the PLA’s deployments around Pangong lake area. The face-off had begun with ‘firing in the air’ by both sides escalating tensions between both the nations. This has been followed by back-to-back round of talks for disengagement.

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