Introduction:
India and China are the two countries with ancient civilizations and have a time-honoured history. Both are aiming to be a superpower in the world. China and India are the most populous countries and fastest-growing economies in the world. The relation between two countries is also called Sino Indian Relations.
The Silk Road served a major trade route between both the countries and it also effectively spread Buddhism from India to East Asia. The two countries have border disputes over several areas and resulted into several military conflicts like Sino-Indian War of 1962, 1987 Sino-Indian skirmish, Chola incident in 1967, The Doklam Dispute and the recent Galwan Valley face off. By GDP China has the second-largest economy in the world. India-China bilateral trade since the beginning of this century propelled China to emerge as our largest goods trading partner by 2008, a position which China continues to hold today.
Since the beginning of the previous decade, bilateral trade between the two countries recorded exponential growth. In 2011, bilateral trade reached US$ 73.9 billion, before dipping to US$ 66 billion in 2012 and rebounding to US$ 71.65 in 2015.[1] The recent Chinese Army attack on the Indian territory in which 20 Indian soldiers were martyred in the attack and injuring many of them. The Chinese Army intruded in the Indian territory and they cut off Indian territorial area by 50 SQ Km. China claims the part of Galwan valley and Aksai Chin as their territory.
Banning of Chinese Apps- Combat Strategy
The Ministry of Information Technology, invoking it’s power under section 69A of the Information Technology Act. Read with the relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009 and in view of the emergent nature of threats has decided to block 59 apps. Since in view of the information available they are engage in activities; which are prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order.[2] The ban is a political move following the clashes between the Indian and Chinese troops. The banned apps are “prejudicial to the sovereignty and integrity of India, the defence of India, and the security of the state and public order”[3] said the Ministry of Information Technology in a statement. This is the strategy to counter the Chinese Government.
The Chinese government is mining the data from its applications. Such as TikTok and UC Browser and is using against India for Political and Military issues. China’s primary target is the USA, but India is important for the sheer volume of data generate. Advance technologies with disruptive military and political aims, particularly across borders need mega volumes of data. It’s the issue of national security and sovereignty. This action is part of a retaliation strategy against the Chinese Governments incursions in Ladakh.
In today’s world, India’s digital economy is one of the largest markets in the world considering the Indian population. The ban will certainly impact the Chinese companies. It will massively hurt China as they are trying to become the digital superpower of the 21st Century. India will no longer be a victim of China’s Nibble and Negotiate policy and will review the norms of engagement. There were incidents of protest and boycotting Chinese products involved citizens destroying Chinese brand televisions, vandalizing a shop and burning effigies of Chinese President Xi Jinping. There is a need for Personal Data Protection Bill for India.
Barring the geopolitical angle to ban, what stands out most is the sheer inadequacy of Indian laws to address data protection concerns. Section 43A of the IT Act, India’s primary data protection law, is very limit in its redressal. It protects only a breach of sensitive personal data by a body corporate; which leads to wrongful loss on account of a lack of reasonable security practices. In India most notably impacts TikTok to date, India had been the app’s largest overseas market until now; with some 200M+ users across around 611M lifetime downloads. India, being the largest market for Chinese companies, turn out to be an easily exploited profit-producing machine. The Indian government has responded to the Chinese provocations at the LAC (Line of Actual Control). They settled by hitting china in the technological sector. It’s the strategy that India used against China.
The Information Technology lawyer Apar Gupta said this ban is legally suspect as it appears not to have been imposed as per the procedure laid down in the website blocking rules of 2009. These rules provide for a process of notice, hearing, and a reasoned order before a ban. A departure from these rules is possible if a clear case of emergency is made out. If these processes are not follow, the ban will be arbitrary. Consequently, a Chinese investor can make a strong case that the ban violates India’s FET (Fair and Equitable Treatment) obligation under the India-China BIT (Bilateral Investment Treaty).[4]
Conclusion
India needs to amend its twenty years old Information Technology Act, 2000. It should bring recent changes to the security of the nation. Also, there is a need for Personal Data protection
References:
[1] https://www.eoibeijing.gov.in/economic-and-trade-relation.php
[2] https://pib.gov.in/PressReleseDetailm.aspx?PRID=1635206
[3] https://www.livemint.com/news/india/china-says-concerned-about-india-banning-chinese-mobile-apps-11593504411299.html
[4] https://theprint.in/opinion/chinese-investments-enjoy-treaty-protection-beijing-can-drag-new-delhi-to-tribunals/453880/?fbclid=IwAR1C0m298GBA6OrxUlsRe4gu9sYX3hLNc8UO0lbFBa3SSx4cm_osDKwwNs8
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