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Contemporary Legal Issues in India:

Challenges and Reforms

Published on: 26th February 2026

This article explores various challenges and reforms taken by the GOI and further steps to improve the situation on the basis of committee reports, etc. The main sub-theme of the article is “Legal Dimensions of Left Wing Extremism in India”.

This article was initially intended to encompass a wide range of internal and external security challenges faced by India — from external threats such as State-Sponsored Cross-Border Terrorism (SCBT), infiltration, and the smuggling of drugs and arms, along with their causes and solutions through effective border management, to internal threats such as Left Wing Extremism (LWE), insurgency in the North East, and unrest in Jammu and Kashmir. However, given the grave nature of Naxalism and the complex socio-political circumstances that led citizens to take up arms against the state, it was found necessary to undertake an in-depth analysis of this particular issue. Consequently, this article focuses exclusively on the theme of Left Wing Extremism.

This report presents a detailed examination of Left Wing Extremism (LWE) in India, focusing on its evolution, underlying causes, and the government’s multi-pronged approach to address it. The study also explores key themes such as the misadventure of Salwa Judum, the non-implementation of constitutional safeguards like the Fifth Schedule, the role of women in the Red Corridor, and the gaps in forest policy implementation.

The purpose of this report is to understand how socio-economic deprivation, governance deficits, and policy lapses have contributed to the persistence of LWE. The analysis draws upon official reports, expert committee findings, and judgments of the Supreme Court to provide a comprehensive view.

The most basic cause of this movement can be magnified down to one sole cause of Governmental Deficit/Development Deficit which led to the Naxals gaining legitimacy in these areas, and to maintain this legitimacy they did not wanted any development policies to reach these secluded regions. This turned into a vicious cycle leaving the people there believing that these Naxals were good for them and not the state. All through the report one can notice this phenomenan.

The reforms taken by the government was to implement policies to develop these areas and under the National Policy and Action Plan the government reinforced security while addressing legitimate greivances and bringing in development.

It is my hope that this report contributes to a better understanding of India’s internal security challenges and the importance of inclusive development and governance reforms in resolving them.

Left Wing Extremism (LWE)

Left Wing Extremism (name given because of their left side idea of overthrowing the Indian state)/ Maoists (because the idea of Chinese leader Mao Zedong/ Naxals (because the movement first started in Naxalbari in West Bengal) is a political ideology that advocates for radical social, political, and economic change through the abolition of capitalism, the establishment of a socialist or communist system, and the dismantling of existing power structures. LWE groups often employ violent tactics to achieve their goals, including bombings, assassinations, and armed insurrections.

Evolution of Left Wing Extremism

First Phase (1969–1972)

  1. Initial Outbreak: In 1967, insurgency began in West Bengal, Bihar, and Srikakulam district of Andhra Pradesh.
  2. Naxalbari Incident: A tribal youth’s assault in Naxalbari village, West Bengal, sparked a country-wide controversy, leading to the formation of the CPI (ML) in 1969 under Charu Majumdar.
  3. Movement Spread: Rapid spread to rural West Bengal, Bihar, Andhra Pradesh, and urban Kolkata.
  4. Suppression: United Front government in West Bengal, with Indira Gandhi's Congress government, crushed the movement by 1972.

Second Phase (1975–2004)

  1. Emergency Period: Naxalite movement factionalized during the Emergency (1975–77).
  2. Post-Emergency: Four main factions emerged — MCC, PWG, Party Unity, and CPI-ML (Liberation).
  3. Strategies: CPI-ML (Liberation) took part in elections, while others like PWG and MCC focused on armed struggle.
  4. Merger: In 1998, Party Unity merged with PWG to form CPI-ML (People's War).
  5. Regional Control: MCC operated in Bihar/Jharkhand; PWG in northern Telangana.
  6. Caste Warfare: Violent clashes in Bihar between lower-caste Dalits (supported by MCC) and upper-caste vigilante armies (Ranvir Sena, Sunlight Sena).

Third Phase (2004–2012)

  1. Merger: In 2004, PU, MCC, and PWG merged to form CPI-Maoist with a unified command structure.
  2. Increased Threat: Post-2004, Maoist control expanded and violence escalated.
  3. Counterinsurgency: BJP government in Chhattisgarh and Congress leader Mahendra Karma launched Salwa Judum (2005–09);

Fourth Phase (2013–Present)

  1. Decline in Violence: Levels of violence have declined since 2013, below the 1990s average.
  2. Possible Reasons: Successful counterinsurgency efforts like the Integrated Action Plan, road-building projects, police stations in vulnerable areas, and NREGA projects.
  3. Strategic Retreat: Maoist leadership may have adopted a strategy of tactical retreat to avoid further losses.

Drivers of Naxalism

(As per Report of an Expert Group to the Planning Commission and Administrative Reform Committee ARC II)

Unresolved Social and Economic Issues:

The intensity of unrest often arises from unresolved social and economic issues like land rights, lack of economic opportunities, social discrimination, and inadequate access to basic services.

    Socio-Economic Exploitation:
  1. Exploitation of Dalits and tribal communities, including forced labor and social discrimination, has fueled Naxalism.
  2. The movement empowers these communities to assert their rights and demand dignity, challenging oppressive practices like untouchability and bonded labor.
    Livelihood Related Causes:
  1. Lack of food security and corruption in the Public Distribution System (often non-functional).
  2. Disruption of traditional occupations and lack of alternative work opportunities.
  3. Deprivation of traditional rights in common property resources.
  4. Poor implementation of the Minimum Wages Act. In contrast, Naxals have ensured better wages in affected areas.

Land and Agrarian Issues

Land Disputes and Agrarian Distress:

Naxalites target oppressive landholders, driving them away and redistributing land to the landless.
Example: In Bihar, Naxalites have helped landless Musahars take possession of land, though legal title remains disputed due to administrative resistance.

Failure of Land Reforms:

Land reforms, including land ceilings and redistribution, have had limited impact due to poor implementation, resulting in persistent landlessness and agrarian distress.

    Land-Related Factors:
  1. Evasion of land ceiling laws.
  2. Special tenures enjoying exemptions under ceiling laws.
  3. Encroachment and occupation of government and community lands.
  4. Lack of title to public land cultivated by landless poor.
  5. Poor implementation of laws prohibiting transfer of tribal land in Fifth Schedule areas.
  6. Non-regularization of traditional land rights.

Displacement and Forced Evictions

Forest Rights and Displacement:

Traditional usufructuary rights of forest dwellers have been declared illegal, leading to displacement. The Forest Conservation Act (1980) and related regulations have marginalized forest dwellers, which Naxalites have exploited to gain support by advocating for forest rights.

Displacement and Forced Evictions:

  1. Eviction from traditional lands (around 40% of displaced people are tribals).
  2. Displacement due to irrigation and power projects without proper rehabilitation.
  3. Large-scale land acquisition for ‘public purposes’ without fair compensation.

Governance Issues

Inadequate Governance and Corruption: Misgovernance, corruption, and lack of effective local governance have contributed to Naxalism. The 73rd Amendment aimed to empower Panchayati Raj institutions but remains poorly implemented.

    Governance-Related Factors:
  1. Corruption and poor delivery of essential services like healthcare and education.
  2. Incompetent and absent public personnel.
  3. Police misuse of power and violations of law.
  4. Electoral corruption and weak local institutions.

Police and State Repression

Police Harassment and State Repression: Arbitrary police actions, harassment by forest officials, and violent suppression of protests have intensified resentment. Focus on curbing Naxal influence often overlooks legitimate grievances, worsening the conflict.

Social Exclusion and Cultural Alienation

Cultural and Social Alienation: Tribal alienation from traditional lands and cultural practices due to state and corporate policies has fueled discontent. Lack of recognition of their unique identity drives them towards extremism.

    Social Exclusion:
  1. Denial of dignity and continuation of untouchability in some areas.
  2. Poor enforcement of laws against atrocities, bonded labor, and civil rights violations.
Example: Naxal violence in Karimnagar (1980) was triggered by forced labor practices.

Approach for Countering Left Wing Extremism (LWE)

Physical Infrastructure Measures
    Special Infrastructure Scheme:
  1. Construction of fortified police stations.
  2. Extended till 2026.
    LWE Mobile Tower Project (Department of Telecom):
  1. Supported by the Universal Service Obligation Fund (USOF).
  2. Focuses on mobile connectivity in uncovered and aspirational districts.
    NETRA (Micro-Unmanned Aerial Vehicles):
  1. Used by CRPF for surveillance and reconnaissance in LWE-affected areas.
    Assistance to Central Agencies for LWE Management:
  1. Support for procurement of critical equipment and capacity building.
    GIS Mapping:
  1. Mapping of schools, post offices, health facilities, and roads for better governance and accessibility.
    Rail Services in Bastar:
  1. Expansion of railway connectivity to improve accessibility and development in remote areas.
    Road Connectivity Projects for LWE Areas (Ministry of Rural Development):
  1. Road Requirement Plan – I: Construction of roads and bridges in LWE-affected districts to enhance security and development.
  2. Written By: Siddhant Upadhyay (LL.B, 4th Year, City Law College, Lucknow)