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Wednesday, April 13, 2022

What US Warship’s Lakshadweep Sail Means for India & China

The US action in sailing the destroyer John Paul Jones past the Lakshdweep islands has got India’s normally hawkish strategic commentariat in a tizzy. Having advocated marching lockstep with the US to deal with the Chinese encroachments into the “rules-based international order”, they are aghast at Washington questioning their own commitments to some of those rules.

Make no mistake that the action was a signal both to China and India.

Beijing is being told that it should not get too excited when the US carries out the exercise in South China Sea – it is part of a global US practice to challenge those, even allies like India, who, in its opinion, make “excessive maritime claims,” beyond those specified by UN Convention on the Law of the Seas (UNCLOS).

On the other hand, the message to New Delhi is that when the Biden administration talks of rules based international order, it makes no exceptions, the rules apply equally to all.

There is another hidden message we also need to explore in relation to Indian maritime claims around the Lakshdweep Islands.


UNCLOS & India’s Policy of Prior Notification

Not surprisingly, the Ministry of External Affairs issued a mealy-mouthed statement merely re-stating India’s 1995 declaration at the time of ratifying the UNCLOS.

It does not amount to any change in the law, but merely states that it “does not authorse other states… to carry out military exercises of maneuvers in India’s EEZ or continental shelf”.

As per UNCLOS, a state can claim 12 nautical miles (nm) territorial waters, a 24 nm contiguous zone to these waters where some law and order activity is permitted and another 200 nm Exclusive Economic Zone( EEZ) whose seabed and fishery resources it has the exclusive right to exploit.

The value of these categories differ in the case of islands, rocks, and low tide elevations. Islands follow the same 12+24+200 nm formula. Rocks have 12 nm territorial sea and a 24 nm contiguous zone, but no EEZ and low tide elevations generate nothing.

Under UNCLOS, war vessels can transit through another state’s territorial waters in what is called “peaceful passage”, with its weapons radars and system turned off. But in the contiguous zone or the EEZ, which are international waters, there is no restriction on military exercises and maneuvers.

Under domestic law India requires prior notification for all these activities and the Chinese go a step further and demand prior permission for these actions

 


UNCLOS & India’s Policy of Prior Notification

Not surprisingly, the Ministry of External Affairs issued a mealy-mouthed statement merely re-stating India’s 1995 declaration at the time of ratifying the UNCLOS.

It does not amount to any change in the law, but merely states that it “does not authorse other states… to carry out military exercises of maneuvers in India’s EEZ or continental shelf”.

As per UNCLOS, a state can claim 12 nautical miles (nm) territorial waters, a 24 nm contiguous zone to these waters where some law and order activity is permitted and another 200 nm Exclusive Economic Zone( EEZ) whose seabed and fishery resources it has the exclusive right to exploit.

The value of these categories differ in the case of islands, rocks, and low tide elevations. Islands follow the same 12+24+200 nm formula. Rocks have 12 nm territorial sea and a 24 nm contiguous zone, but no EEZ and low tide elevations generate nothing.

Under UNCLOS, war vessels can transit through another state’s territorial waters in what is called “peaceful passage”, with its weapons radars and system turned off. But in the contiguous zone or the EEZ, which are international waters, there is no restriction on military exercises and maneuvers.

Under domestic law India requires prior notification for all these activities and the Chinese go a step further and demand prior permission for these actions.


US – The Lord of the Seas

The US says the Indian, and for that matter, the Chinese position, is “inconsistent with international law.” So, Washington, which has itself yet to ratify the UNCLOS, has decided to uphold “the rights, freedoms and lawful uses of the sea” recognised by the law.

  • Last year, according to an official release, it challenged 28 different “excessive maritime claims by 19 different claimants throughout the world,” and it has been doing this for decades.
  • The US conducts what it calls Freedom of Navigation Operations (FONOPS) since 1979, but the earliest record we have with regard to India is of 1992, when it sent a warship to enter our 12 mile nautical mile territorial sea to challenge our requirement that the US inform us before doing so.
  • This time around, fortunately, they were some 130 nm west of the Lakshadweep. And this is itself another 200 nm from the Kerala coast.

A 2016 listing by the office of the US Judge Advocate General reveals the various excessive claims that the US accuses India of making. Besides the issue of prior notification for entering India’s territorial seas and EEZ, is the issue of straight baselines.

It has made it clear that it objects to India’s claim that the waters of Palk Bay and Gulf of Mannar, till the boundary with Sri Lanka, are historic waters formed by straight baselines. The US does not recognise this and conducted FONOPS there in 1993, 1994 and 1999.


Is US Challenging India’s Baseline ‘Violation’?

What is perhaps more worrisome is the possibility that the US FONOP near Lakshadweep islands relates to prior notification, which as we noted, they have been doing so regularly in the past, or whether they have come up with a new challenge. This could relate to the 2009 Indian decision to declare straight baselines to enclose the entire group of Lakshdweep islands.

  • Baselines are points at the edge of the land at low tide from which territorial sea, contiguous zone and EEZ are measured outwards to the sea.
  • UNCLOS allows archipelagic states like Indonesia and the Philippines to draw straight lines between two basepoints of islands that may be spread out, thus entitling them to claim territoriality over waters enclosed, even if they do not fit the 12+24+200 formula.

But as we said, only archipelagic states have this privilege, not continental states like India and China, which may happen to also have island chains.

By drawing straight baselines around the Lakshadweep chain, India is in violation of its commitment to UNCLOS. New Delhi may view its action in declaring the straight baselines as an important security measure, but, as they say, the law is the law.

But even now, we do not know if the US has challenged our straight baselines in the Lakshdweep. While in the case of China, which has done the same thing with the Paracel Islands group, US in 2016 sent in the USS Decatur into the island group where it loitered within the islands, however, ensuring that it did not cross the 12nm limit of any individual island

Why India Wants to Safeguard Lakshadweep

The challenge in Lakshadweep is fraught. The islands lie at a very strategically sensitive part of the country. Ships in great numbers from the Persian Gulf and the Suez Canal go to East Asia in sea lanes on either side of the Lakshdweep islands.

To the immediate south of Lakshdweep lies Maldives, which had just some years ago, decided to build a joint observation station with China on its western Makunudhoo island and leased some islands to the Chinese.

By enclosing the islands using straight baselines, India is acting to ensure that foreign navies, especially survey ships, do not loiter in between the islands since those waters are now designated as territorial waters, even if the process is a self-declared one in violation of UNCLOS.

Only the navy of a powerful country like the US would dare to challenge India on that point and what the recent FONOP tells us is that, at the end of the day, what matters in international law is power.

The US today has the ability to conduct such operations around the world and even the second most powerful navy cannot stop them in the western Pacific. We, on the other hand, can chase away a Chinese survey ship from the Andamans, as we did a while ago, but taking on the US on the issue is not an option.

China’s navy is steadily accruing power, in its own region, as well as the Indian Ocean where it is allied to Pakistan. The US example could well provide it with an opportunity to stir up trouble along our coast, on the pretext of challenging our so-called “excessive maritime claims”.

The Quint April 11, 2021

https://www.thequint.com/voices/opinion/us-navy-warship-lakshadeep-message-to-india-china#read-more

Friday, January 14, 2022

China’s retail nationalism

The long-running self-destructive streak in the People’s Republic of China seems to be manifesting itself again these days. This time in the conduct of its foreign policy. The latest is the attack on the Swedish retail giant H&M’s China business over the issue of a 2020 statement made by the company that its products do not use cotton grown in Xinjiang, because of forced labour allegations there.

The action, in response to the European Union sanctions on Chinese individuals on account of rights violations in Xinjiang last week, could upend the promise of better China-EU ties that seemed to accompany the Comprehensive Agreement on Investment (CAI) in December 2020.

The goings-on will also have a chilling effect on efforts of US firms to have the Biden administration lift curbs placed by Trump on exports to China.

Alarmingly for China, this was a coordinated action where the US, the UK and Canada also imposed sanctions. But where they had targeted some lower-level Xinjiang officials, the Chinese upped the ante and imposed its own counter-sanctions on 10 EU individuals, including four Members of the European Parliament (MEPs), four entities, including the European Council’s Political and Security Committee, and the well-known think tank MERICS. Not only were the officials placed under sanctions, but also their family members.

As for the US and Canada, the Chinese targeted the bipartisan US Commission for International Religious Freedom (USCIRF) Chair Gayle Manchin and Vice-Chair Tony Perkins, Canadian MP Michael Choong and the rights subcommittee of the Canadian Parliament’s Foreign Affairs Committee. Manchin is the wife of a US Senator and the PRC officials appear to be waving a red rag at the US Congress where religious freedom is a big issue.

This is not the first time China has used its market power to punish a foreign company. Some years ago, it attacked Lotte, a major South Korean company, because the Korean government decided to give a golf course it owned for the setting up of a US-built THAAD anti-missile defence system. The crippling sanctions were lifted after two years, and since then, South Korea has taken care not to get on the wrong side of Beijing.

More recently, China has targeted Australian goods, including coal, wine and barley, for trade reprisals because of the call by PM Scott Morrison’s government for independent investigations into the origins of the Covid-19 pandemic.

H&M has an old relationship with China, where it sources its products for the global market. It is also a big market for H&M which has 400 retail stores in the country. In the line of target are other majors like Nike, Adidas, Uniqlo, Gap, and Burberry, who have made similar statements, though for the present, H&M seems to be the main target.

Chinese celebrities have renounced their promotion contracts with H&M and the company has been erased from mapping, ride hailing and e-commerce apps in China. Reports say that the campaign against Nike and Adidas is being kept on hold perhaps because of the advertising these companies are likely to provide for the Winter Olympics scheduled to be held in China next year. The alarming message coming out of Beijing for western companies who have long enjoyed a profitable run in China is that if you are on the wrong side of issues like Xinjiang, you can forget doing business in China.

What would be of interest is the way forward for the EU to ratify the CAI that it had signed with China over American objections. European governments may find it difficult to proceed with the process as long as four of their members are under Chinese sanctions. But the Chinese are hanging tough on this, with foreign ministry spokeswoman Hua Chunying declaring that the CAI ‘is not a gift bestowed upon one side by the other side, but is mutually beneficial and reciprocal’. The goings-on in China will also have a chilling effect on efforts of American firms to have the Biden administration lift the restrictions placed by the Trump administration on exports to China.

Biden’s arrival has changed the tone of the US-EU relations. Last week, the US President participated virtually as an honorary EU leader in a summit meeting of the European Council. Around the same time, Secretary of State Anthony Blinken was interacting with EU leaders in Brussels, and the two sides have decided to relaunch the EU-US dialogue on China to enhance coordination of their policies. This can only increase Beijing’s headaches.

It is not as though there is total congruence between the EU and the US. One issue looming large is that of the Nordstream 2 pipeline bringing gas from Russia to Germany. The US has threatened to impose sanctions if the work on the pipeline is completed. The Americans worry that the pipeline will increase the dependence of the EU on Russian gas.

But the strongly Atlanticist approach of the Biden administration has overcome the distrust engendered by the Trump administration’s ‘America first’ policy. Increasingly, Europeans are making common cause with the US. One manifestation of this is the increasing interest of countries like the UK, France, the Netherlands and Germany to join the US in establishing a naval presence in the South China Sea. A few ships will not make a difference from the military point of view, but the fact that these important European countries are willing to show the flag in what is for them a remote part of the world, will be a message to China of the growing coalition willing to take a stand against its policies.

The Tribune, March 31, 2021

https://www.tribuneindia.com/news/comment/chinas-retail-nationalism-232252

Indigenisation plus: From the great Shivaji to Sardar Patel, learn the right lessons for India’s defence strategy

Earlier this month, PM Modi delivered the valedictory address to the annual combined military commanders’ meet in Kevadia, Gujarat. The  meeting was held at the site of the Statue of Unity dedicated to Sardar Patel and junior officers and jawans also participated with a view of making it an “informal and informed event”. No doubt, beyond these theatrics, the meeting had a substantial and practical core.

This said, some aspects of the PM’s message are troubling. The text of his remarks is not available, but an official press release noted that he “stressed the importance of enhancing indigenisation in the national security system, not just in sourcing equipment and weapons but also in the doctrines, procedures and customs practised in the armed forces”.

We can understand the call of enhancing indigenisation of equipment, given the shameful level of imports which our military depends on. But the notion of applying indigenous “doctrines, procedures and customs” is an issue.

When it comes to war, the bottom line is the need to win or prevail over the adversary. Whether you use Japanese, Chinese, American or Vietnamese doctrines and procedures, it doesn’t matter, all that matters is victory. Promoting atmanirbharta is good politics, but fetishising the indigenous to this point could well lead to disaster.

India, of all countries, should know that we haven’t been particularly well served by “Indian” doctrines or any “Bharatiya” way of war. In the past millennium we’ve been repeatedly overwhelmed by invaders because we failed to adapt to the cutting edge military technologies, organisation and doctrines. Gunpowder was common by the 14th century but only after Babur’s invasion in early 16th century did it become part of the Indian defence doctrine. At the time, the Indians still viewed the war-elephant as their decisive weapon.

The bravery and grit of Indians was legendary, but self-sacrifices don’t win wars. The major weakness of the Indian military came from divisions in society that prevented the creation of disciplined forces and saw king fight king, even as foreign invaders knocked at our doors. As a result, Indian kings and emperors could rarely export military power, unlike their Ottoman or European counterparts. Even the mighty Mughals were, more often than not, reduced to fighting off rebellions, rather than attempting conquests abroad.

The one king who broke these stereotypes was the great Shivaji, who successfully bridged the social structures of Maratha society and created a professional force without European guidance. He was the first king to pay the army from the central treasury and insist on unit discipline. Though his successors messed up things, Shivaji did give us a concept we could explore today – swarming. The Maratha tactic of “ganimi kava” could form the basis of a doctrine that helps us deal with the asymmetrical situation we confront.

Hopefully in his actual remarks, the PM spoke not so much of adopting indigenous doctrines, but adapting the best ways of war to service the needs of the Indian military. Here, he and his colleagues ought to have drawn inspiration from Sardar Patel, the remarkable politician who within months in 1947 transformed himself from a Gandhian to a war leader, paying the minutest attention to the details of the Kashmir and the Hyderabad operations.

What the country needs today is more, rather than less, attention of the political leadership to the task at hand, which is of restructuring and reforming the Indian military. As it is, with declining defence budgets, the growing gap between the comprehensive national power of India and China, there’s need for a careful re-positioning of India’s defence strategy.

This needs serious and sustained political attention and engagement and cannot be left to CDS Rawat or the babus of the defence ministry who have so far not gone beyond some rhetoric and grandstanding. Theatrics have no place here, political leadership does. The 2020 events in the Himalayas underscore the huge agenda before us.

Times of India March 26, 2021 

https://www.blogger.com/blog/post/edit/15741297/5090806581198417931

Indo-US Meet: What Defence Secy’s Visit Means in Relation to China

We should neither overstate, nor underplay the importance of US Secretary of Defence Lloyd Austin’s visit to New Delhi. At one level, this is part of his Asia tour, which has taken him to important allies like South Korea and Japan. On the other hand, that New Delhi has been included in the itinerary indicates a level of interest of the current Biden administration on good ties with India.

Austin’s visit must also be placed in the context of the Biden Administration’s efforts to give shape to a new China policy. Indeed, Austin came to New Delhi via Seoul and Tokyo, where he along with Secretary of State Anthony Blinken participated in a 2+2 dialogue with their counterparts.

While Blinken and US National Security Adviser Jake Sullivan went on to Alaska to talk to the Chinese, Austin came away to India, which is being seen as a key anchor in the Biden policy that aims to outcompete China in a range of areas, including humanitarian relief, tackling pandemics and harnessing emerging technologies, rather than merely focusing on security issues.


Speaking at a press briefing after his officials talks, General Austin said that, “India is an increasingly important partner among today’s rapidly shifting international dynamics.” He met Prime Minister Modi and National Security Adviser Ajit Doval on Friday, 19 March, and held official talks with Defence Minister Rajnath Singh on Saturday, 20 March. He also met External Affairs Minister S Jaishankar.

According to a Pentagon press note, the two sides discussed their partnership through the prism of regional security cooperation, military to military interactions and defense trade.

Following his meetings, Gen Austin confirmed that he had raised the issue of human rights of minorities with his counterparts, presumably with Rajnath Singh, Doval and Jaishankar. He said it was important for partners to have “those kinds of discussions”.

But both sides played down the issue with the Americans excising it from their readouts and the Indians claiming, somewhat incredulously that the human rights discussed were in relation to Afghanistan, not India.

Why Defense Is Key to Indo-US Relations

It is no accident that the first top official of the Biden Administration to visit India is a Secretary of Defense. This is the area where most of the things are happening in the Indo-US relationship.

Over the years the US has emerged as a major seller of arms to India, a provider of technology transfers and a country that has laid the groundwork for greater cooperation through a mesh of agreements. India has signed all four of the so-called US foundational agreements, the last being the Basic Exchange Cooperation Agreement (BECA). This last has been useful in accessing US-origin geospatial information India has needed in its confrontation with China in the Himalayas.

In addition, it has been given the STA -1 status and the designation of a “major defense partner”.

Austin’s visit was aimed at seeing if all this can now be taken up to a qualitatively higher level where these agreements yield results in terms of new industrial ventures, technology transfers, as well as activities such as joint patrols.

The Significance of the Indian Ocean in Indo-US Talks

On the eve of the visit, an unnamed senior Pentagon official noted that the visit was aimed at “operationalising” the defence partnership that the US has with India. Equally significantly, he mentioned that the aim was to “network and build partnerships with India and with other partners, whether it’s in the Indian Ocean or the Pacific Ocean.”

The reference to the Indian Ocean is significant because Indo-US defence cooperation has been run by the US Indo-Pacific Command, whose remit runs only to the eastern Indian Ocean. But, as is well known, India’s primary maritime security concerns lie in the western Indian Ocean, which includes the northern Arabian Sea through which the bulk of our oil comes from.

Currently all the exercises and exchanges that take place are with the Indo-Pacific Command. However, we can now expect that the US will factor in Indian concerns and include India in the cooperation activities of its important Central Command, which includes the fifth Fleet based in Bahrain.

In line with this, the discussions that Gen Austin had with his Indian counterparts will in all likelihood have included issues relating to Afghanistan, as well as the traditional ones relating to China and the Indo-Pacific.

US Warns India as Relations Rest on Adherence to ‘Democratic Values’

The US is, of course, signaling complex intentions. On one hand it is marking out India  for attention for its ambitious Indo-Pacific Strategy. On the other, it is also warning the Modi government that it will not get a free pass.

This was evident from the letter of Senator Bob Menendez, Chairman of the powerful Senate Foreign Relations Committee wrote to Gen Austin on the eve of his visit. In the letter the Senator noted that while the US-India partnership is “critical to meet the challenges of the 21st century, the partnership must rest on adherence to democratic values”, which in his view, India was “trending away” from.

The government of India seems inclined to ignore these complaints in the belief that the US needs India to operationalise its Indo-Pacific strategy. But they need to pay heed the fact that this administration is shaping up its contest with China as an ideological battle between democratic and authoritarian countries. As long as India was somewhat peripheral to American concerns, it could afford to tweak Washington’s nose and get away with it. But as its importance to American goals increases, it will have to bear the burden of increasing scrutiny, which often comes with a democratic administration.

However, there are also huge positives available to New Delhi if it is willing to play ball. Along with a bipartisan group of Senators, Menendez has sponsored legislation like the Democracy Technology Partnership Act. Under this, the US will establish an inter-agency office at the Department of State to lead in the creation of a new technology partnership among democratic countries in opposition to China. The new office will seek to create an International Technology Partnership for setting policies and standards, conducting joint research and coordinating export controls and investment screening in areas like 5G, AI, quantum computing and other emerging technologies.

In other words, India has the opportunity to play the role that China had played so far, in becoming a chosen destination for high-tech investment from the west. But that requires the government of India to do much more in terms of providing the infrastructure and regulatory mechanisms. Mere slogans or a sense of entitlement will not work.


The Quint  MArch 21, 2021

https://www.thequint.com/voices/opinion/india-us-relations-defense-secretary-austin-lloyd-visit-impact-china#read-more

India sets new hopes on Washington

1. The incoming President of the United States, Joe Biden has played a long-time role in US foreign policy, as a member of the powerful Senate Foreign Relations Committee, as well as being its chairman for a while. Many observers are looking at his policy as a possible “third” Obama Administration, given the preference he has given to appointing figures who had served alongside him when he was Vice-President.


But that is probably an unfair assessment. For one thing, there have been the four momentous years of the Trump Administration when US policy took some sharp turns, especially in relation to China. Second, it is unlikely that those Obama veterans who have returned to serve under Biden have not reflected on the global geopolitical developments, as well as the hits and misses of their own earlier positions. Third, the new Administration takes office under hugely different circumstances  in view a) of the Covid-19 pandemic which has ravaged the US and continues to do so and b) the emergence of a massive domestic political divide that cannot but weaken the US.


 

2. The Biden period is likely to see the US revert to a position where American strength is based on its  leadership of  an effective multilateral system.  Broadly, the Biden Administration will continue to follow a grand strategy to prevent the rise of a regional hegemon on either ends of Eurasia. But many have felt that the Obama Administration may have taken its eye off the ball with regard to China. Even though it began the pivot to Asia, comprising of the Trans Pacific Partnership and enhancing its military presence. Its laid back posture in the South China Sea enabled the Chinese to create facts on the ground, by making and fortifying artificial islands, which are now difficult to roll back short of war. Biden has not revealed its plans for Asia, though he has now appointed Kurt Campbell, as the “Indo-Pacific Coordinator” in the National Security Council. Campbell is a credible and experienced Asia hand who played a role in the original “pivot” policy in the Obama Administration.


At the other end of Eurasia,  the Obama Administration had simply dropped the ball and did not take Russia seriously enough as a threat. As a result, Russia was able to make war on Georgia, later Ukraine and annex Crimea and intervene successfully in Syria. The Russian hacking of more than 250 US federal agencies and businesses has been branded as an action tantamount to war. The American failure to detect the operation has revealed serious chinks in its digital defense systems. More important, it will deepen the already negative perceptions of Russia on the part of the Biden team.  (1)


So, the US now confronts a Russia which is increasingly flexing its military muscles in Europe and the Caucasus, and China which is doing the same in the western Pacific and South Asia.


The point being made here is to pose the question about US priorities. Will they relate to handling Russia in Europe, or will the focus remain in the western Pacific ?   At a Townhall meeting during the campaign, Biden called Russia an “opponent” while describing China as a “serious competitor.”


But Biden cannot ignore the  more pull of the geo-economic world. The rise of wages in China, the Washington’s tariff war on Beijing,  accompanied by some technology restrictions, had already begun to encourage some companies to move their supply chains away from China. The Covid-19 pandemic has accelerated this process, encouraging countries to relocate chains back home (re-shoring) or nearer home (near-shoring). With the emergence of the Regional Economic Cooperation Partnership (Rcep), China has become the anchor of an already near-shored supply chain system. The recent Comprehensive Agreement on Investment (Cai) between the EU and China has added to the good news for Beijing.


The struggle with China has become more economic and technological, rather than military. The US remains by far the dominant military power, but, barring Taiwan, there are few places where China would be ready to militarily take on the US.


3. All these have implications for India. In the summer of 2020, India and China got into a major border skirmish which has brought their relationship to a breaking point. It is a matter of speculation as to whether the cause of Chinese actions on the Indian border were a result of New Delhi steadily growing military and political relationship with the US, or were the outcome of local factors on the disputed border between the two countries. India also sees itself as a potential beneficiary of the US-China decoupling and in 2020 has benefited from significant investment from US companies like Amazon, Apple and Google who are blocked from China.


Yet, the US support for issues relating to Pakistan and China have been less than enthusiastic. In the case of Kashmir, there were repeated instances of President Trump declaring his willingness to mediate between India and Pakistan. Surprisingly, even on the issue of the eastern Ladakh clashes, Trump took a similar stance, noting in September 2020, that the US would be ready to help, but hopefully, the two sides would be able to work out their problem.


While India and the US developed close political, economic and military ties, they continued to have difficulties in the trade front.  Beyond the deficit obsession of Trump, there were several areas of ongoing differences. Indian steel and aluminium was also placed under an enhanced tariff regime by the US, compelling New Delhi to retaliate. Washington withdrew the favorable tariffs  India got under the General Scheme of Preferences (Gsp) regime. US wants India to open its agricultural market for exports. The two sides have differences on intellectual property (IP) protection, forced localisation of data storage, and restrictions on investment. (2)


There were two other areas of concern. The Countering America’s Adversaries Through Sanctions Act (Caasta) is a draconian American legislation under which a Damocles Sword hangs over India on account of its arms trade with Russia, in particular the acquisition of the Russian S-400 Surface-to-Air Missile system.  Some 86 per cent of Indian military equipment, weapons and platforms are of Russian origin. (3) Moreover, Russia is arguably the only country willing to offer India assistance in certain areas like missiles, nuclear propelled submarines and hyper-sonic vehicles.


A fourth issue relates to India’s geopolitical perspectives and energy security. Both get combined in New Delhi’s relationship with Iran. But the heavy-handed Trump decision to walk out of the Joint Comprehensive Plan of Action on Iran’s nuclear programme, as well as draconian sanctions prohibiting trade with Iran have hit India hard. Iran is the closest source of hydrocarbons to India, it is also a geopolitical partner in that it enables India, which is blockaded by Pakistan, to access Central Asia and Afghanistan through the port of Chah Bahar. While the Trump Administration went easy on sanctions relating to the port because it benefits Afghanistan, it compelled India to stop buying oil from Iran.


4. Biden is a familiar figure for Indian diplomats. He was member and Chairman of the powerful Senate Foreign Relations Committee at a momentous period in the late 1990s, when India tested its nuclear weapons and then moved diplomatically to befriend the US. Senator Biden supported the various moved initiated by the Bush Administration, especially the Indo-US nuclear deal of 2008. He has had close relations with the Indian American community and expressed support for enhanced ties with India.


His newly appointed Asia Czar, Kurt Campbell has recently updated his views on the region through an article in Foreign Affairs. Written with Indian-American scholar Rush Doshi, it argues that the Indo-Pacific policy of the Trump Administration was somewhat unbalanced and, besides low-cost asymmetric capabilities, the US needs to disperse its forces across the South-east Asia and the Indian Ocean, a process that could make the Indian connection more meaningful. On the other hand, they have argued for bringing, or trying to bring China into the international decision-making. (4)


China. Indian expectations from a Biden Presidency will be shaped by its experience of the Trump years, as well as the ongoing developments which include the Covid-19 pandemic and, equally importantly for India, its confrontation China along their 4,000 km land border.


New Delhi is not seeking a US military umbrella. But it has signed four key “foundational agreements” with the US which enable the two countries to share  information and intelligence.


India has stepped up its commitment to the Quadrilateral Grouping. As of now  India is not a military ally of the US, but the reassurance to other  US allies,  Japan, South Korea, Philippines, as well as Taiwan and Vietnam will act as an indirect assurance to India. Given the recent Chinese moves around Taiwan, there is every possibility that this could become a major test for the US commitment to the region.


So far, there has been no clear Biden statement or policy announcement on Taiwan. It’s clear, however, that a Biden policy towards China will be clearer and more coherent than the Trump one. It is likely to focus on both competition and cooperation with an emphasis on the former. And it will also be stronger by virtue of the fact that it will take its allies and partners along.


Associated with this would be the Indian expectations that the Biden team would help India to develop its military capacity. While defence exports from the US to India have been booming, what New Delhi is looking for is to enhance its domestic military-industrial capabilities. From the US point of view, the potential has already been spelt out in India’s designation as a “Major Defence Partner”, the various foundational agreements, the licence exemption for Strategic Trade Authorisation (Sta)-1 designation, and the Industrial Security Annex (Isa).


The problem lies with India’s existing Russian-origin arsenal and its military-industrial ambitions. Ideally, the US would like India to be re-equipped with a US-origin arsenal, but this is not practical in the short-term because India is facing a severe budget crunch when it comes to its defence modernisation and its dependence on ex-Soviet equipment remains large.


Regional issues. Besides the military challenge across the Himalayas, India must contend with the growth of Chinese influence in its own neighbourhood, as well as the “near abroad.” Whether it is Nepal, Bangladesh, Sri Lanka or Myanmar, New Delhi will expect the Biden Administration to support its positions because it sees itself as the leading South Asian nation. Increasingly, Beijing is able to out-spend India in these countries and has also developed important military export relationships with Bangladesh, Sri Lanka and Myanmar. Lacking the wherewithal to compete, New Delhi will look to Washington to make up some of the  heft it needs.


But this is easier said than done because the US has its own perspectives on policy in certain countries and is not likely  to give India a carte blanche. Second, though the US has some new foreign aid schemes, they are in no way comparable in size and scope to the Chinese ones. And third, the US is not particularly interested in exporting arms to smaller South Asian countries.


Pakistan occupies a special category here. Currently, India has little by way of diplomatic clout  to deal with Islamabad. In recent years, diplomatic discourse has more or less come to a close, and there have been significant military clashes on account of cross-border attacks by Pakistani proxy forces on India. China, of course, has significant military and diplomatic equity in Pakistan, but so does the US, and the draw down of US forces in  Afghanistan will actually strengthen Washington’s position in dealing with Pakistan.


Iran is another important country in the context of Indian expectations from Biden. The possibility of an American return to the Jcpoa will be a major diplomatic gain for India, though, it will be challenged with the prospect of rebalancing the regional situation on account of what have now become closer ties between India, UAE, Saudi Arabia and Israel.


Ideally India would expect the US to repeal Caasta, but the situation between the US and Russia is not particularly good, especially after the revelation of the great hack masterminded by Russia. But just as it had with the Trump Administration, New Delhi is unlikely to budge on Russia issues beyond a point.


Both India and the US  have a substantial congruence of interest in South-east Asia. India is not a military or economic player there, but has historical, cultural and diplomatic equities. This is likely to remain an area where India and the US maintain their military ties which, in any case, operate primarily through the US Indo-Pacific Command.


As of now it’s not clear whether the US would like to advance the Quad to a military status, and whether India would be game to participate (the other three countries are already formal military allies).  But the immediate focus of a US policy is likely to be in reassuring allies like Japan and South Korea who have found it difficult to deal with the Trump Administration.


Trade and investment. India would also like status quo ante in relation to the Trump Administration’s cancelling of the quotas worth $ 10-15 billion annually for exports to the US under the General Scheme of Preferences (Gsp). Trade issues with Washington predate the Trump Administration, so the chances of the US going back on GSP cancellation are not high. On top of that, India’s protectionist turn, underscored in 2020 by the slogan “Atamanirbhar Bharat” (Self Reliant India), only raises hackles in the US which is not likely to be in an accommodating mood, given the post-Covid problems its own economy will face.


Modi has tried to explain that his “Atmanirbhar Bharat” concept is “about transforming India from being just a passive market to an active manufacturing hub at the heart of global value chains.” Playing to the US proposal for of an Economic Prosperity Network of “trusted partners” to rejig supply chains away from China, Modi has said that global supply chains need to consider not only costs, but be “based on trust.” (5)


India has other problems on becoming the hub of global supply chains. First, it lacks the human and physical infrastructure to scale up its industrial capacity to emerge as an alternative to China. Observers have noticed that it is countries like Vietnam, Malaysia and Philippines who have been gaining from the post-Covid shift of supply chains. By staying out of the Rdep, India has revealed that it lacks the heft and confidence to counter China on the geoeconomic front in the Indo-Pacific region.


Second, India had a problem with its ease of doing business regime. While it has been able to game its way up the World Bank rankings, in practical terms, it has made little change. Recently it has lost two major arbitrations on the issue of retrospective taxation against Vodafone and Cairn Energy. In itself that is not unusual, what is unique is India’s persistence in challenging the arbitration with a doggedness that is unlikely to be appreciated by investors wanting to come to India. The use of tax officials to harass political opponents, and businesses, too, is not likely to enhance India has a good place to do business.


Yet, India does offer value to a certain class of US businesses—those that are unable to access the Chinese market. Among these are Amazon, Facebook, Google who have pumped in money into Indian investments, even as Covid raged. Other digital players excluded from China, too, are active in India— Netflix, Twitter, Pintrest and Quora. (6)


With the Biden Administration, New Delhi would like to get a kind of Phase I deal going which could see at least a partial restoration of the Gsp benefits,  in return for some market opening commitments from India. But a longer run trade deal may be a problem. The two countries have been trying through successive administrations for a Bilateral Investment Treaty, but discussions remain stalled because of their different approaches to investor protection.


Both India and the US remain out of the two key Indo-Pacific trade deals—the Rcep and the Trans-Pacific Partnership (Tpp). While the US may yet to rejoin the Comprehensive and Progressive Agreement for Tpp (Cptpp), New Delhi is likely to remain out in the cold. So, even while there may be advances in the military-to-military cooperation, there will be little scope for India and the US to promote wider economic integration in the Indo-Pacific.


5. India’s domestic issues. There should be no doubt that the Democratic Administration will once again put a certain salience on human rights issues. The Biden-Harris team has not hesitated to criticise the Saudis for the Jamal Khashoggi murder,  its intervention in Yemen, or calling China to account for its Uighur policy and actions in Hong Kong.


So, India is unlikely to get a free ride on its domestic policies which, in many cases have become  divisive and violative of human rights. Biden himself, as candidate, has declared that he was “disappointed” with the Modi government’s measures relating to the National Register of Citizens (Nrc) in Assam and the Citizen’s Amendment Act (Caa). (7)


Kashmir is another issue where the Biden Administration will not give New Delhi an easy pass. As candidate for President, Kamala Harris had declared in October 2019 that Kashmir, which had been deprived of statehood by the Modi government in August 2019, were not alone in the world, and that there was need “to intervene if the situation demands.” She also stood by her Congressional colleague, another Indian American, Premila Jayapal, when the latter was disinvited from a meeting with External Affairs Minister S Jaishankar in Washington DC. Congresswoman Jayapal had introduced a bill to urge India to lift its curbs in Kashmir.


In August 2020, in a joint letter the Democratic chair of the US House Foreign Relations Committee and ranking Republican in the Committee had expressed “concern” that the conditions in the Jammu & Kashmir state had not normalized a year after the derogation of Article 370 by the Modi government.


Some of the above may be merely posturing during the elections. Usually American Administrations are quite careful in intervening in domestic issues. Even President Trump who was in New Delhi when riots against the Caa broke out in New Delhi, was uncharacteristically circumspect when questioned on the issue in February 2020.


But a great deal depends on the situation on the ground. While India has been able to prevent large-scale protest in Kashmir, there can be little doubt that it maintains a massive security presence which has seen some self-acknowledged excesses in the past year. The American media has been largely kept out of the state and in future, if the situation deteriorates, you can be sure that there will be heightened US Congressional interest and this time, the Administration is not likely to ignore the issue.


There are other social and political fissures, too, most recently with the passage of laws by several states to prevent inter-faith marriage, on the belief that this is some kind of a jihad by Muslims to marry and convert Hindu women. The Modi government has made no efforts to counter the narrative, leave alone block the states from passing such divisive and legally questionable legislation.


Even so, when the US always makes exceptions depending on its national interest. Just as Saudi Arabia’s human rights problem is ignored, so likely will that of India, if it is deemed necessary for serving the specific ends of US policy.


The democracy card is not something new for the US. And there will be pressure on the Biden Administration to play it from his party’s progressive wing. Just how effective it will be, especially in the present circumstances, when the US has suffered a serious loss of face on account of the Capitol attack, as well as the very obvious and serious divisions in its polity, is a big question.


India will not be a top priority for the Administration. For that reason, a great deal would depend not just on Biden and Harris, but on the Cabinet and sub-cabinet appointees.  A lot will depend, too, on the role that Vice President Harris, a person of Indian origin, intends to play in foreign policy. In an August 2020 event she invoked Mahatma Gandhi and said that India’s freedom struggle spoke for values like tolerance, pluralism and diversity.” None of this is likely to make for a comfortable relationship with the current dispensation in New Delhi.


Actually, the immediate priority for Biden and Harris will be in healing the physical, psychological and economic wounds inflicted by Covid-19 and overcoming the dangerous political divide that is threatening the US. Russia, rather than China, could be the primary focus of Biden’s external policy; India would figure lower down in the list, perhaps after Japan and EU. In that sense, India will have to temper its expectations. But it will also get a political payoff in that the Modi government can more or less continue with its politically divisive domestic policies because which enables them to mobilise a greater volume of electoral support.


 

Endnotes


(1) David E Sanger, Nicole Periroth and Julian E Barnes, “As understanding of Russian hacking grows, so does alarm”, New York Times. Jan 2, 2021.


(2) Congressional Research Service, “US-India Trade Relations”,Focus, Dec. 23, 2020.


(3) Sushant Singh, “86 per cent of Indian military equipment of Russian origin: Stimson Center paper”, Indian Express, Jul. 22, 2020.


(4) Kurt M. Campbell and Rush Doshi, “How America can shore up Asian order: A strategy for restoring balance and legitimacy”, Foreign Affairs, Jan. 12, 2021.


(5) “Prime Minister Narendra Modi’s keynote speech at the US-India Strategic Partnership Forum”, Sep. 3, 2020.


(6) John Koetsier, “China’s closed. So Google invests $ 10 billion in India, following Facebook, Amazon and Apple”, Forbes, Jul. 13, 2020.


(7) “Joe Biden’s agenda for Muslim-American communities”.

Limes: The Italian Geopolitical Review February 3, 2021