INDO-MYANMAR RELATIONS:

Five Bs—Buddhism, Business, Bollywood, Bharatnatyam, and Burma teak—frame

perceptions of India-Myanmar ties.

Why is Myanmar Important for India:

Location:
● Geostrategic location: Myanmar borders China, India and ASEAN and the
Bay of Bengal.
● Myanmar shares both lands and maritime boundaries with India.
 ● Golden Triangle

● This is the storied

Golden Triangle where
historically opium was
grown to produce heroin
for export but where, in
recent years, the trade of
even deadlier and more
profitable synthetic drugs
has taken over.

● Thailand, Laos and

Myanmar are at the
frontlines of illicit trade in
Asia dominated by
transnational organized
Myanmar and north-eastern India share a
1643 km long land border (including the states of Arunachal Pradesh,
Nagaland, Manipur, and Mizoram).

2. Critical for India's security interests:

● Because of border sharing with NE India.
● Golden Triangle and leading to the issue of Drug Trafficking due to Laos,
Myanmar and Thailand.
● Linkages of insurgency groups in India with that of Myanmar.
● Issue of illegal migration and illegal weapon trade.
 4. Proximity to China:
Chinese Angle and Presence of China in Kyaukpyu Port, under String of Pearl
Diplomacy. (whereas India is making use of Sittwe Port under the Necklace of
Diamond Strategy)
● Myanmar has been part of every strategy that QUAD and similar platforms
adopt to balance power in South Asia, South East Asia and IOR with regard to
China.

Note:
Global North and Global South:
● Global North accuses Global South of tariff barriers.
● Global South accuses Global North of Non- tariff barriers.
● Global South is against the evergreening of patents whereas Global North is for
evergreening of patents.
● More responsibility for Climate Change is towards the Global North.
● Global South is talking about data localisation whereas Global North needs data
dispersion.
● Global North accuses Global South of Data Piracy and there is a lack of data
protection legislation.
What is Necklace of Diamonds Strategy?

In a counter-action (to Strings of Pearls), India has started working on the 'Necklace of
Diamonds' strategy.

This strategy aims at garlanding China or in simple words, the counter encirclement
strategy. India is expanding its naval bases and is also improving relations with
strategically placed countries to counter China's strategies.

It includes:
● Changi Naval Base, Singapore
● Sabang Port, Indonesia
● Duqm Port, Oman
● Assumption Island, Seychelles
● Chabahar Port, Iran

3. The confluence of two policy doctrines: Neighbourhood First Policy and Act East
Policy.
● Gateway to South East Asia and proximity to North East India.
● Myanmar acts as a bridge between South Asia and South East Asia:
Therefore, it acts as a doorway to South East Asia.
India's stand on the Coup: A major policy shift:
 ● For some critics, India's stand towards Maynmar could be considered an act
of legitimization of the coup.
This could be because of the following reasons:
1. Foreign Secretaries visit to Myanmar post Coup.
2. Teems used in the Press Release of MEA, India wherein terms like Chairman,
and State Administrative Council were used to refer Myanmar Military Junta.
3. Continued Military Co-operation: The Indian decision to provide Myanmar with
radar technology and remote-control weapon system through BEL also invited
criticism.
● India also attended the ASEAN Defence Minister Meeting during that time on
counter-terrorism.
● This was further criticised since the meeting was chaired by the
representative of the Military Junta itself.

4. Continued economic linkages: During that visit, India made the decision to
set up an Indian Centre at Yangon for further economic cooperation.

Development Projects:

During that visit, it was also promised that India would provide 1 million, India-made
covid-19 vaccines (within India's Vaccine Maitri Diplomacy) and 10 thousand tons of
Rice and Wheat to Myanmar.
● India also expressed its support for ongoing connectivity projects like the
Kaldan Multi-Modal Project and the India-Myanmar Thailand (IMT) Trilateral
Highway Project.
● Myanmar/ Malaysia-India Singapore Transit (MIST) Corridor: - MIST is a
global submarine cable communication network that will connect Malaysia,
Singapore, Thailand, Malaysia, and Myanmar with India. The length of the
MIST cable system is 8,100 kilometres.
India's Response/approach to Myanmar:
● In response to the critics, India expressed that it will follow a twin-track
approach in Myanmar.
● Under this approach, India will carry on diplomatic engagements with the
military Junta and at the same time push the country gently for the restoration
of democracy.
● The explicit goal of India's approach is to address the specific security
concerns we have with Myanmar.
● The implicit goal however is to counterweight China not only in Myanmar but
 also in South East Asia and IOR.
● The sub-goal within this approach is India's attempt to bring democracy back
to Myanmar and includes objectives of federalism and proportional
representation.
● The Military Junta had indicated that they would conduct an election in 2023
but somehow in August 2023 they abandoned this plan and extended the state
emergency.
● India continues to state that a political system should be adopted in
Myanmar which should be acceptable to all along with immediate cessation of
violence and release of political leaders.

Inverted Approach/Policy Spin/Twin Track Approach:

● The growing influence of China in Myanmar.
● Initially, after the coup, China distanced itself from the military Junta to ward
off the backlash from the Myanmarese Citizens and to avoid international
criticism.
● However, later China started collaborating with the military Junta.
● In this regard, China gave a second-hand Ming-class submarine.
● Myanmar Navy is also getting submarine training from China.
● China has been involved in China-Myanmar Economic Corridor (CMEC)
under BRI within Myanmar.
● China has also given a C820 anti-ship missile and a home-built aircraft to
Myanmar.
● China has already converted Kyaukpyu Port into a Pearl within its String of
Pearl Diplomacy.
● Security apprehensions/threats across the border.
● Myanmar is an important actor in our Act East Policy.
● Myanmar stands important in our Neighbourhood First Policy.
● Massive investments in connectivity projects like Kaladan Multi-Modal
Projects and IMT Trilateral Project, both involving Myanmar.

Analysis of India's Policy Spin:

1. A litmus test for India-Bangladesh Relations.
● India's engagement with the military Junta could appear to be a Litmus Test
for Indo-Bangladesh relations especially when Bangladesh and Myanmar are
at loggerheads over the Rohingya issue.
 ● Given that more than 1 million Rohingyas are languishing in Bangladesh,
bilateral outreach of any country to Myanmar without addressing the Rohingya
issue brings Bangladesh into a relational calculus.
2. India walks tightrope on Myanmar
● There is a moral contention emphasizing the pro-democracy stand of India
on the one hand and on the other hand, there is a realist contention involving
the security concerns and China angle in Myanmar.
3. However, this policy spin appears to be a Pragmatic approach for India.
4. Test case for India-US understanding of the Indo-Pacific.
● The reason is that for India and the US, Myanmar is an important actor in the
Indo-Pacific.
● However, in the case of Myanmar, both have diverse approaches.
● While the US has gone for national scations against Mynamar, India is
against such sanctions due to specific security concerns.
● Thus it now depends on the mutual understanding between India and the US
on considering Myanmar as an important actor in the Indo-Pacific, thereby
shedding out their specific prejudices regarding Myanmar.

Twin Strategic goal: Implicit and explicit goal.

● Need for a cautious approach
● However, India needs to take a pragmatic yet cautious approach not to
interfere directly with the internal politics of Myanmar yet continue engaging
with it and gently push it towards democracy.

Rohingya Issue and India's response towards Rohingya Refugees:

April 2021 - Mohammad Salimullah vs Union of India Case:

●

The Rohingyas
approached the SC of India on the principle of non-refoulement.
 ● Non-refoulment is a principle under international law that states a person
fleeing prosecution from his country should not be forced to return to his
country.
● The principle thus includes the right not to be expelled.
● In this historic court case, Rohingyas claimed that their deportation by the
Indian state violated Articles 14, 21, and 51 of the constitution.
● In response to this, the SC argued:
1. Article 14 and 21 should be dissociated from Article 19 in this case.
2. The right to reside and settle comes under Article 19 (1) (e) of our constitution
which is available only to citizens.
● The court argued that the principle of non-refoulment or the Right not to be
expelled would mean the right to reside and settle in any part of the country.
● This equates to Article 19 (1) (e) only available to Indian citizens.
● Thus, this principle of non-refoulment is not applicable in this case.
● The court further said, that since India is not part of any international refugee
convention, Article 51 is also not applicable in this case.
(The Non-refoulment principle is under Article 33 Clause 1 of this convention.
● Article 33 Clause 2 of the convention itself gives an exception to countries
not to consider people as refugees on reasonable grounds of national
security).

Why India has taken this stand on the Rohingya issue?

●

Internal Affairs
of Myanmar
● ASEAN Factor.
● Avoiding Conflicts of interest.
● Threat to National Security.
 ● India Act East Policy.
● India's issues - Poverty, unemployment, demographic change, etc.
● Difference between Refugees, Asylum Seekers and Migrants.

What is India's Refugee Policy?

● India lacks a specific policy for refugees, despite the fact that we are
surrounded by countries inflicted with social unrest.
● At present within the legal framework of illegal migrants, India has the
Passport (Entry into India) Act of 1920 and the Foreigners Act of 1946 which
replaced the Foreigners Act of 1940.
● Foreigners Act of 1946 provided unbridled power to the centre to deport any
person (not a citizen) if it felt a danger to national security.
● Also, the onus of responsibility or the burden of proof lies with the person and
not with the authorities.
● There is also a new edition in terms of CAA 2019.
● India is not part of the 1951 Refugee Convention and its 1967 Protocol.
● All foreigners including refugees and asylum seekers are entitled to all
fundamental rights except 15, 16, 19, 29 and 30.

Why hasn't India framed a law on refugees yet?

● It is difficult to distinguish between refugees and violent non-state actors.
● The assassination of our former PM could be understood as an example.
● Having a clear-cut refugee policy might provide grounds for violent non-state
actors to enter and create disturbances.
● We do not have a proper framework to distinguish refugees and illegal
immigrants as such.
● It can also incur huge economic costs on our existing infrastructure.
● It also provides flexibility and open scope for a tailor-made approach/custom-
made approach towards refugees.
● Also, we are not able to predict the repercussions or the outcomes of having
a well-formulated refugee policy.
● This means there is an element of pessimism guiding this approach.
● For geostrategic reasons and to avoid possible conflicts with our neighbours
we have avoided creating a well-documented refugee policy.
● For example: Giving refugees to Tibetans emerged as a key challenge
 between India and China.

Why India has not signed the 1951

Refugee Convention?
● One-sided definition of refugees in the convention according to which
refugee status could be provided only on the ground of violation of Civil and
Political rights and not economic rights.
● India has argued that the convention is Eurocentric since it was created to
accommodate the displaced people after 2nd World War.
● India argued that developed countries have a poor record of assimilating
refugees; for example, the no-entry regime imposed by European countries
during the Syrian Migration crisis.
● India believed that developed countries were violating the convention norms
both in letter and spirit.
● West, especially Europe is following a racist refugee policy.
● India also argues that the convention is old and redundant.

Challenges associated with India's refugee approach:

● There is an ambiguity in our legal framework since we are not able to
distinguish between refugees, illegal migrants, and violent non-state actors.
● Due to the absence of a legal framework, India's refugee policy is primarily
guided by an ad-hoc policy on a case-to-case basis which often leads to the
criticism of discriminating treatment towards few communities.
● This also raises issues regarding the Open border policy with a few of our
neighbors like Nepal and Bhutan.
QUAD Meeting:

● February 2022, 4th Quad foreign ministers meet

● India did not support the idea of imposing sanctions on Myanmar.
● Quadrilateral Security Dialogue (QUAD)
● informal strategic dialogue between India,
USA, Japan and Australia
● objective to ensure and support a “free,
open and prosperous” Indo-Pacific region
● first mooted by Japanese Prime Minister
Shinzo Abe in 2007. India argued that it is
concerned about the crisis, as an “immediate land-border neighbour”, but has
“some specific” concerns on Myanmar and it was said that “where we are
concerned, we don’t follow a policy of national sanctions”.
India highlighted Three points:
● Security concerns.
● Preferential world
treatment of military rule.
● India supports the
ASEAN five-point
consensus.
● Sanctions can severely affect the target country's economy. Trade
restrictions can lead to a decrease in exports and imports, which can harm
industries and reduce jobs. Economic instability can result in inflation, currency
devaluation, and reduced access to essential goods and services.
● Economic instability often leads to social consequences. Reduced income
levels, unemployment, and scarcity of resources can contribute to social
unrest. People may protest due to the economic hardships imposed by
sanctions. This can result in internal disturbances, such as demonstrations,
strikes, or even more significant unrest.
● Preferential world treatment of military rule: The West have a discriminatory
outlook with regard to both of our neighbour i.e. Pakistan and Myanmar.
● In the case of Pakistan, there has been criticism that Western powers,
especially the United States, have sometimes supported or tolerated military
regimes in Pakistan when it suited their strategic interests, even when those
regimes came to power through non-democratic means. This perceived
preference for stability over democracy has been a subject of debate and
criticism.
● In the case of Myanmar western nations have imposed sanctions and
criticized Myanmar's military rulers for human rights abuses, while
 simultaneously engaging in diplomatic relations with other countries with
military governments.
● They have actually upgraded the position of Pakistan to be a "Major Non-
NATO Ally" (MNNA) by the United States in 2004.
● India supports the ASEAN five-point consensus.

LATEST DEVELOPMENT IN INDIA-MYANMAR RELATIONS

● June 2023, India and Myanmar may conclude the ongoing talks on rupee trade
by the end of June, clearing hurdles for payment mechanisms in the face of US
sanctions and providing a significant boost to bilateral trade.
● Bilateral trade between India and Myanmar could rise significantly from the
current level of $1.76 billion once the Rupee trade settlement mechanism is
established.
● The RBI has already allowed payments to be received in Indian Rupees and the
Myanmar government intends to initiate the currency convertibility for the Indian
rupee for trade.
● Under this settlement mechanism, Myanmar will accept payment for all its
exports to India in Indian rupees and the same export earnings can be used to
make payments for goods and services imported from India.
● RBI has appointed and authorised PNB of India to open a special Rupee Vostro
Account (SRVA) for foreign trade with Myanmar.
● In May 2023, Cyclone Mocha approached the Myanmar and Bangladesh coasts.
India launched "Operation Karuna" to provide humanitarian assistance for people
in Myanmar, which is affected by Cyclone Mocha.
● India is committed to ensuring Security and Growth for All in the Region
(SAGAR) and is the first responder in providing support to our neighbours during
such calamities.