Abstract
Terrorism has a very strong impact, which challenges the national security of India. This paper provides a deep examination of how law views terrorism in India, various acts such as The Unlawful Activities Act, National Security Agency’s Act, etc. help to tackle terrorism in India. These acts define terrorism broadly giving a wide range of activities which cause threat to the country’s sovereignty, security, and integrity. It is not only India who faces the problem of terrorism but various countries in all around the world faces the problem of terrorism, terrorist groups such as ISIS, Al-Qaeda, Jaish-e-Mohammad are one of the prominent groups which are known for their attacks all around the world, there are mainly Pakistani terrorist groups which causes threat to the security of India. We will also delve into what all tasks a citizen of a country performs to help the country dealing with terrorism. Also, there should be community resilience and fostering dialogue between different religious and ethnic groups plays a crucial role in preventing violence, extremism, and radicalization. There are various anti-terrorism groups such as RAW and MOSSAD which play an important role, they certainly have much more knowledge about terrorist and their groups than any other citizen of a country. Also, the paper stresses upon the various laws and acts and all the counter terrorism efforts. At last, the paper underscores the importance of a balanced approach to counter terrorism that prioritizes both security and civil liberties.
Keywords:
Law, Terrorism, Society, Regulations, Violence.
Introduction
What is law and how it functions in India?
The term Law denotes different kinds of rule and principles. Law is an instrument which supervises human behaviour. Law include Acts, Statues, Rules, Regulations, Orders and Ordinances. The term law has different meanings in different places like in Hindu law implies “Dharma” in Islam it is known as “Hokum” etc. Law differs from religion to religion in the sense the personal laws viz. Hindu law, Muslim law etc.
Let’s take into consideration that a Muslim can have three wives living at a time but a Hindu can only have a single wife which is known as monogamy. India’s legal system is a mix of civil, common, customary, religious, and corporate laws, drawing from colonial-era frameworks and subsequent legislative changes. Various amendments are also done in Indian law to make improvement for the betterment of the country.
Research Methodology
- Identify instances of terrorist attacks in India and all the acts dealing with it.
- Examine factors contributing to law and terrorism.
- Evaluate impact of law on terrorism.
- Analyze how the current legal system of India is solving the problem of terrorism.
Review of Literature
How are laws formed in India and how laws against terrorism help to suppress the terrorism level?
In India, the process of law making involves several stages. The bill is then introduced either in Lok Sabha (house of people) or Rajya Sabha (council of states). After multiple readings both the houses approve the bill. Once approved by both houses, the bill is sent to the president for assent. Upon receiving the president’s assent, the bill becomes law and is published in the Gazette in India. Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law. This process upholds the integrity of the constitution and acts as a check against the arbitrary use of power within it’s framework. By this process all types of law are enacted in India Corporate law, Property law, Criminal law, and Environmental law. Let’s delve into what are all laws related to bring terrorism level down in India:
- Unlawful Activities Prevention Act (UAPA), 2019
- The Explosive Substances Act, 1908
- National Security Agency Act, 1980
- Armed Forces Special Powers Act (AFSPA), 1958
1.Unlawful Activities Prevention Act (UAPA), 2019:
An individual may be assigned as a terrorist if he participates in an act of terrorism, prepares for terrorism, is involved in terrorism, or otherwise promotes terrorism. The act has a Review Committee constituted by the Central Government to exercise the power of review and denotify an individual classified as a ‘terrorist’. Who may commit terrorism under the UAPA Act 2019, the central government may designate an organization as a terrorist or a person a terrorist if:
(i) Commits or participates in acts of terrorism,
(ii) Prepares for terrorism,
(iii) Promotes terrorism, or
(iv) Is otherwise involved in terrorism.
In the Judgement Bikramjit Singh v. State of Punjab (2020) case, the Supreme Court, comprising Justices KM Joseph, Navin Sinha, and Rohinton F Nariman, ruled that it’s a fundamental right for an accused person to be granted bail once they meet the conditions outlined in Section 167(2) of the Code of Criminal Procedure, 1973. Section 167(2) states that an accused person’s detention cannot exceed the statutory timeframe for completing the investigation, which is typically 90 days for serious offenses; it extends to 180 days under the UAPA. The Court said that default bail is not just a statutory right but is also a fundamental right under Article 21 of the Indian Constitution, which guarantees the right to personal liberty.
UAPA broadened the definition of terrorism which in turn expanded the government’s powers to assign individuals and organizations as terrorists. It allows for preventive detention and permits authorities to capture properties allegedly linked to terrorism. However, critics argue that UAPA’s provisions are vague and can be misused. The Unlawful Activities Prevention Act (UAPA) of 2019 replaced the Prevention of Terrorism Act (POTA) of 2004 in India. While both laws aimed to combat terrorism, there are significant differences between them. POTA was repealed in 2004.
2. The Explosives Substances Act- 2019:
Explosive substances are harmful to the society, it leads to destruction in the society as well as it is harmful for the environment as it releases harmful substances which are hazardous for the planet earth. Though there have been many instances which have catastrophic effects on society as well as the environment, in India this problem is governed through the creation of Explosives Substances Act- 2019.
Under the Indian Penal Code, 1860, Section 286, mentions about negligent conduct of explosives substances. As per this Section, any person with any explosive substance commits any act either rashly or by negligence that endangers human life or arises a situation that may cause hurt or injury to any other person, then he/she shall be punished under IPC.
What are explosive substances?
It is a mixture of substances whether solid and liquid and capable of producing sudden and violent releases of energy when triggered by heat, shock, or friction.
A case where, Professor T.J. Joseph, while preparing a Malayalam question paper for Newman College, Thodupuzha, included a question that caused distress among certain people of society. Respondent K.A. Najeeb, with the help of other members of the Popular Front of India (PFI), sought revenge for this perceived blasphemy. On July 4, 2010, they attacked the professor, who was returning home with his sister and mother after attending Sunday mass. During the attack, PFI members obstructed the professor’s car so he would not be able to escape the situation. They attacked him on his right palm with sharp weapons, also the PFI group had also made some homemade explosives which they threw to create fear among the witnesses. After this the professor’s wife filed an FIR against the assailant.
3. National Security Agency Act, 1980:
The National Security Act (NSA) was enacted in 1980 to maintain law and order within the country. One of its provisions includes the authorization for preventive detention of individuals deemed to pose a threat to national security or public order. The aim of preventive detention measures is to avoid citizens from committing offenses. It involves a person who might engage in criminal activities in the future and detain them in order to prevent anyone from committing the offense. The acts contain 18 sections and gives powers to central as well as state government to detain person on certain grounds which are as follows:
• The law empowers actions against individuals acting in manners detrimental to India’s defense, foreign relations, or security be it any.
• It allows for regulation of the continued presence of foreigners in India, including arrangements for their expulsion.
• Measures can be taken to prevent actions prejudicial to the security of the State, maintenance of public order, and provision of essential community supplies and services.
In this case of Abhayraj Gupta vs Superintendent, Central Jail (2021) the petitioner was arrested because he committed a murder, in which he fired at police officers. Subsequently, a District Magistrate issued a detention order, as it created distress and panic among college students where the act of firing took place, at the PWD office.
The petitioner contended that the incident constituted a law-and-order matter rather than a disturbance of public order. He also raised concerns about the timing of the detention order, which was issued more than a year after the incident. He also argued that he was not provided with all the evidence or the advisory board’s report, impeding his ability to contest the detention.
The Court emphasized that for an act to disturb public order, it must instill fear and apprehension in the community. The detention order failed to provide reasonable grounds indicating that the petitioner would engage in prejudicial acts if released on bail. Moreover, the considerable time gap between the incident and the detention order undermined its validity. As the petitioner was not furnished with all necessary materials, the Court deemed the detention order unsustainable and granted relief.
4. Armed Forces Special Powers Act (AFSPA), 1958:
The purpose of AFSPA was to provide the armed forces to maintain public order in areas considered “disturbed” because of terrorism or any other form of violence. It aims to empower the military to effectively counter danger and threat to national security. Article 355 of the Indian Constitution provides that the Central Government is under an obligation to protect the States from “external aggression and internal disturbance”. AFSPA was firstly applied to certain parts of Manipur and Assam to prevent unrest caused by Naga tribes. The act provided a legal framework to enable peace and order in the conflict zones. Then in 1972 the scope of AFSPA was increased, covering the states like Arunachal Pradesh, Mizoram, Tripura, and Nagaland. Further in 1983 it was executed in Punjab and Chandigarh which remained applicable in Punjab and Chandigarh for 14 years and was pulled out in the year 1997.
Therefore, it was also expanded in the state of Jammu and Kashmir in the year 1990, (Armed Forces Special Act, 1990). The Armed Forces also have power to use force to the extent of causing death. The act has power to prevent fire or more people form gathering. Also, people in the conflict zone or disturbed area are barred from carrying any firearms, explosive substances, weapons, and ammunition. The act also gives power to arrest a person without a warrant who has committed a cognizable offense. The officer has the right to use suitable force for the arrest, and the forces are empowered to enter and search premises without a warrant for the arrest’s execution.
The AFSPA has a very critical role in maintaining internal peace and security under the stares in which it was enacted. In the landmark judgement of Harendra Kumar vs State of Assam, in the year 2008. The petitioner’s son fatally struck a 13-year-old boy while attempting to escape with six others. Pursued by a mob and ignoring police signals to stop, he eventually collided with a police officer, leading to fatal police gunfire. The court emphasized that armed forces should only resort to deadly force when absolutely necessary for maintaining public order, preceded by a warning. Section 6 does not grant absolute immunity; the Central Government must sanction legal proceedings if actions deviate from the Act. Article 21 safeguards against unlawful deprivation of life. While states must counter insurgencies, they must operate within lawful boundaries. The police force doesn’t fall under the “armed forces” definition, lacking protection under the Act. These are some types of law related to terrorism, which are very much important to bring down activities which are violent, conflicting, causing harm to the society as well as the environment.
The budget of defense for the year 2023. In defense army has the highest amount of budget, it is 57.1% of the total budget costing around USD 42.2 billion, the Navy was allocated 15.5% of the budget costing around USD 5.9 billion and the budget of Air Force which was 19.1% costing around USD 14.1 billion. According to the Global Terrorism Index of the year 2023 India is ranked 13th all around the world. Afghanistan is ranked 1st in the GTI of 2023.
Some of the major terrorist attacks which took place in India:
1.Pulwama attack was one of the horrific incidents which India faced, this terrorist attack was carried out in Jammu and Kashmir where more than 40 CRPF personnel were killed. This attack was done by Jaish-e- Mohammed.
2. URI attack of 2016 where 17 jawans were killed. The battle lasted for more than three hours after which the terrorist was killed. It was one of the deadliest attacks on the security forces in Kashmir.
3. The attack of 26/11, where more than 166 people died and over 300 people were injured. The attack was done by a Pakistani based group Lashkar-e-aiba (LeT). in which a terrorist named Kasab was captured and sentenced to death was executed by hanging on 21st November 2012.
4. The parliament attack of 2001 was also carried out by Lashkar-e-taiba (LeT) and the Jaish-e-Mohammed (JeM). Five Delhi police personnel were killed, a CRFP trooper, Ward staff, and the gardener were also killed. At the end all the five terrorists were killed.
Above mentioned are few of the major terrorist attacks which took place in India, also India is also improving the defense strategy every year which helps in dealing with such horrific incidents.
Methods:
1. Literature review: Conduct an extensive review of all the terrorist groups like Indian Service Intelligence Pakistan, al-Qaeda, Jaish-e-Mohammad, ISIS etc how they plan their attacks, who are they funded by to perform their activities. Analyze significant judicial decisions and case law related to terrorism, court ruling on detention and surveillance practices and legal methods to challenge terrorism. There are also emerging trends and developments in counter terrorism law and policy, such as advancement in technology, changes in terrorist tactics etc.
2. Data collection: Collect data from various sources including but not limited to government reports, news and the activities which are taking place in the county. Organizations such as RAW, MOSSAD etc. have various information related to the terrorist groups and what activities they are going to perform.
3. Data Synthesis: Systematically organize the entirety related to terrorism and make laws related to terrorism to stop such activities. This helps to give a logical flow to it and conclusions can be made.
4. Conclusion and Recommendations: Summarize all the key findings, the mitigating factors and propose recommendations to find a way of how terrorism can be tackled with the help of law, discuss the potential areas for research and policy implications.
Suggestions
1.Providing finance to terrorists or any terrorist group is one of the major reasons which should be tackled by the country to solve the problem of terrorism. Strategy that India uses against the funding of terrorism is based on six pillars:
- To strengthen the legislature and improve technological framework.
- Create an All-Encompassing Monitoring Structure.
- Improve sharing of actionable intelligence and bolster investigation and police operations.
- Various Measures for property confiscation.
- To make sure there is no misuse of legal entities and technologies which are coming into the world.
- To have good relations with all the nations, coordination and cooperation with all the nations while dealing with any treaties or agreements.
2. Terrorism in India has often said that it is sponsored by Pakistan and various terrorist groups which are settled in Pakistan. The terrorist groups both religious and non-religious have been included in varied terrorist activities adopting improved and sophisticated devices having external links with likeminded terrorist groups in other countries. In the light of this, India as a wounded tiger should evolve equally improved strategies to combat and counter frontier- terrorism in particular adopting global counter terrorism strategy.
3. To ensure and raise public awareness among people and make people vigilant and provide them with all sorts of knowledge related to terrorist incidents, what are terrorist groups. How the terrorist group brain washes a person to make them part of their group, it mainly emphasizes upon the ideologies set up by the group and what is the fundamental aim of the groups and what all sorts of tasks they must complete. If any person sees suspicious behaviour he/she should definitely report such incidents to the police authorities.
4. An individual should stay informed about the current security situation in the area where he/she is living and be aware of any potential threats in the area. Do a background search after interacting with unknown individuals or groups online. Also, an individual can also show compassion and support for victims of terrorist attacks and their families, offer assistance through donation, volunteer work, or by providing emotional support to those who have been affected by terrorist attacks.
Conclusion
To summarize, as to how terrorism can be tackled with the help of law, we have seen some of the important laws related to tackle terrorism as how law plays an important role to prevent activities which cause harm to nations integrity, the amount of violence and conflict happens in the nation. India’s budget for defense is increasing every year which is certainly a good thing because as the budget increases the security of the nation also increases, there is a direct relation of the defense budget with the security of the nation. Various anti-terrorism laws such as UAPA act also known as ‘Anti-Terror Law’, NIA act, AFSPA act etc., play a crucial role in maintaining the security of the county. These laws help to make various judgements, also on the basis of these judgements many crucial decisions can also be taken. Individual also plays an important role in to prevent terrorism like a well-informed citizen would know about all the happenings in India, he can provide his knowledge about terrorism as how terrorism is bad for their country what should people do if they face are in any situation if they felt it would harm the security of the nation. Judicial interpretations of terrorism-related cases play a crucial role in shaping legal responses to terrorism in India. Some of the cases mentioned above helped us to know how it damages the nation’s integrity. The judiciary’s commitment as to how strong are the constitutional principles which helps safeguarding individual rights and helps in ensuring the counter terrorism measures. Also, it is crucial to foster ongoing discussions, partnerships, and cooperation among various stakeholders, such as governmental bodies, non-governmental organizations, and global allies. This collective effort is essential for an impactful approach to counter terrorism, all while prioritizing the protection of human rights and the preservation of democratic values.
Name: Shrungesh Rajendra Chennur
College Name: ILS Law College Pune