On 23rd October, 2021, China’s legislature passed a new border law for the “protection and exploitation of the country’s land border areas.
The new law will come into effect from January 1, 2022.
The law is not meant specifically for the border with India.
New Border Law: Key Highlights
The new law asserts that the sovereignty and territorial integrity of the People’s Republic of China are sacred and inviolable.
It asks the state to take measures to safeguard territorial integrity and land boundaries and guard against and combat any act that undermines territorial sovereignty and land boundaries.
It delineates the responsibilities of the military, the State Council or Cabinet, and provincial governments in managing the security and economic issues in border areas.
It asks the state and military to take measures to strengthen border defence, support economic and social development as well as opening-up in border areas, improve public services and infrastructure in such areas, encourage and support people's life and work there.
The state shall handle land border-related affairs with neighbouring countries through negotiations to properly resolve disputes and longstanding border issues.
Implications for India
Boundary Dispute Resolution: The new law further diminishes the scope of resolution, through dialogue, of the India-China border standoff resulting from Chinese encroachment of eastern Ladakh.
Altered Border Demography: The new Chinese border settlements will significantly alter the border demography and will change the border dynamics with India.
Dual Use: The “dual civil and military use” of border villages is a concern for India as it would lead to border population creeping into Indian territories
Use of Force: The land border law encourages Chinese border personnel to continue indulging in the use of force along the land borders – especially with India and Bhutan – with added legal protection and legitimacy.
Possibilities and Prospects
Adjustments: The temporary on-ground adjustments like the establishment of the no-patrolling zone at Pangong Tso should be continued.
Deploy Army: India needs to deploy its army along the LAC in sizeable strength and for extended durations to prevent further Chinese ingress.
Observe PLA Activities: India needs to be cautious about the intensification of Chinese activities along the disputed borders and see the evolving role of different PLA services and border defence units under PLA’s new joint operational military guidelines.
Rethink Strategy: This necessitates that India should rethink its strategy of dealing with China on the contentious issues such as border disputes.
