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PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November

TERRORISM AND INSURGENCY IN INDIA 20, 2017

Contents
INTRODUCTION .......................................................................................................................... 2
THE NATURE OF HUMAN RIGHTS .......................................................................................... 3
International Human Rights Law ................................................................................................ 3
DEFINING TERRORISM .............................................................................................................. 4
Is a global definition necessary or desirable? ............................................................................. 5
What is a terrorist act? ................................................................................................................ 6
The impact of terrorism on human rights ............................................................................... 7
DIFFERENCE BETWEEN TERRORIST AND INSURGENT .................................................... 7
Terrorism and international humanitarian law ................................................................................ 9
Terrorism and international criminal law ....................................................................................... 9
Terrorism and international refugee law ......................................................................................... 9
The Protection of Human Rights while Countering Terrorism .................................................... 10
The central role of human rights and State obligations when countering terrorism ................. 10
CONSTITUTIONAL MANDATE OF BASIC RIGHTS............................................................. 11
HUMAN RIGHTS OF INNOCENT CITIZENS IN THE TERRORIST ACT ............................ 13
Human Rights : if fertile ground for breeding terrorism........................................................... 14
Democratic States, encounter terrorist affairs, to adhere to rule of law and respect basics you
cry human rights to deal with the menace of terrorist acts ....................................................... 14
IMPACT OF TERRORISM ON HUMAN RIGHTS ................................................................... 17
CONCLUSION ............................................................................................................................. 20
REFRENCES ................................................................................................................................ 21

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PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November
TERRORISM AND INSURGENCY IN INDIA 20, 2017

INTRODUCTION
Terrorism and human rights are inter-related to each other because when one starts other
violates. Terrorism is a global concern today and in true sense it has relation with the almighty, I
have taken this topic only because I have been working on this topic since when I lost my near
ones in the terror attacks from 1993 Bombay, 2002 Gujarat, 2004 and 2006 in Mumbai and the
latest one in November 26 in different areas of Mumbai. Truly, this topic does not need a proper
introduction but what it needs is a proper and rigid full stop.

Terrorism itself is an attack on human rights. The direct linkage between terrorism and human
rights was first recognized by World Conference on Human Rights in Vienna,1993, of the
Vienna declaration and its programme of Action stipulates that “acts, methods and practices of
terrorism in all its forms and manifestation as well as linking in some countries to drug
trafficking are activities aimed at the destruction of human rights.

Some vital question of ethics, human rights, and value by means of dialogue between law and
literature. Terror or terrorism has never been far from the consciousness of poetic culture since
French Revolution and philosophers such as Burke and Kant were grappling contemporaneously
with the curious compulsion towards terror of the modern age. Terrorism is a deliberate and
systematic murder, maiming and menacing of innocent to inspire fear for political ends.

Terrorism according to me is a product of fanatical violence perpetrated generally in order to
realize some political ends to which all humanitarian and ethical beliefs are sacrificed. It is a use
of force, threat, and a violence method to combat to achieve certain goals that is aim to induce a
state offear in the victim, that it is ruthless and against humanitarian norms and that publicity is
an essential factors in the terrorist strategy.

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aspx. and its two Optional Protocols. and its Optional Protocol. Major human rights corpus included civil. race. and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. http://www. Terrorism and Counter- terrorism Fact Sheet No.pdf. the Convention on the Elimination of All Forms of Discrimination against Women. International Covenant on Economic. Universal Declaration of Human Rights (UDHR). 2 http://www. sex or any other distinction2. Inhuman or Degrading Treatment or Punishment. economic.org/Documents/Publications/Factsheet32EN. and its two Optional Protocols. Moreover. Social and Cultural Rights.icrc. accessed on 15-11-2017.org/images/resources/pdf/ihl_and_ihrl. political. is considered fundamental human rights document and binding on all states. cultural.ohchr. International human rights law has been codified through major human rights treaties and the remaining portion is available in customary international law. the Convention on the Rights of the Child. International Human Rights Law In a technical definition. 2017 THE NATURE OF HUMAN RIGHTS Human rights are generally defined as those rights which a person possesses by his simple characteristic of being a human. these are those rights which are available to a person and protect his interests. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. Two major human rights treaties has been concluded recently.ehl. International Convention on the Elimination of All Forms of Racial Discrimination. irrespective of nationality. namely the International Convention for the Protection of All Persons from Enforced Disappearance. accessed on 15-11-2017 3 . and the Convention on the Rights of Persons with Disabilities and its 1 Office of the United Nations High Commissioner for Human Rights Human Rights.ohchr. In other words. The most important of these treaties are.org/en/issues/Pages/WhatareHumanRights. 3 International Humanitarian Law and International Human Rights Law: Similarities and differences. 32. and social rights. and is universal in nature because these are available to all human beings 1. “International human rights law is a set of rules upon the basis of which certain groups or individuals may seek protection from their respective governments” 3. http://www.pdf. human rights are inherent to all human beings. freedom. and the International Covenant on Civil and Political Rights. dignity and other rights against the interference and excesses of states and their agents. and its Optional Protocol. accessed on 15-11- 2017. the Convention against Torture and other Cruel.

there are a number of other human rights treaties as well which are being concluded with the passage of time. including by. damage to property6”. no comprehensive and exhaustive definition has yet been adopted by the international community having consensus upon it. some draft clauses of the Bill were also consulted 7. the part of Human rights which forms part of customary international law is considered to be binding on all states. accessed on 10-09- 2011. a group of persons or particular persons for political purposes” 8. for example. 4 Moreover. 2017 Optional Protocol. the General 4 Office of the United Nations High Commissioner for Human Rights Human Rights. It is constantly being emphasized to adopt a comprehensive definition of terrorism and therefore a separate convention on terrorism is recommended to be adopted. because a large area of human rights till remains to be codified under the corpus of international human rights law.pdf.org/Documents /Publications/Factsheet32EN. but a number of international treaties and other international and regional instruments have included certain acts which amount to terrorism. which were all adopted in December 2006.5 DEFINING TERRORISM Before going to determine the relation between terrorism and human rights. and before passing of the Bill.http://www. whereas as far as other human rights treaties are concerned. House of Lords House of Commons Joint Committee on Human Rights. the General Assembly’s Declaration on Measures to Eliminate International Terrorism. Terrorism and Counter- terrorism Fact Sheet No. set out in its resolution 49/60. As far as the legal definition of terrorism is concerned. only those states will be bound under those treaties which are party to it. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. anywhere in the world. Terrorism is generally understood as those acts of violence which spread terror among the civilians and civilian population. Among these treaties. Iv 1994. Third Report of Session 2005–06 8 Supra 2 4 . 5 Ibid 6 The British Terrorism Act 2000 7 Counter-Terrorism Policy and Human Rights: Terrorism Bill and related matters. it seems necessary to define the terrorism itself. section 1 defines the term as: “any action designed to influence the policy of any government. Mechanism is also provided under international human rights law to enforce the obligations of states. In this regard.ohchr. and stated that terrorism includes “criminal acts intended or calculated to provoke a state of terror in the general public. This Bill was published on 12 October 2005. As far as the terrorism bill is concerned. 32.

http://www.” Moreover.” Is a global definition necessary or desirable? First issue in defining terrorism arises when it is questioned that. the United States Department of Defense has defined the notion of terrorism that it is “the calculated use of unlawful violence or threat of unlawful violence to inculcate fear. http://www. or to compel a Government or an international organization to do or abstain from doing any act9. intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political. a public transportation system.com/. a State or government facility. and these issues are the main problem in defining the terrorism. accessed on 15-11-2017 11 Talking about Terrorism – Risks and Choices for Human Rights Organizations 2008 International Council on Human Rights Policy. 2017 Assembly is currently working towards the adoption of a comprehensive convention against terrorism. acts amounting to terrorism for a state may fall under the plea of self-defense for the other. or system.pdf 5 . facilities. when the purpose of the conduct. or (c) damage to property.ichrp. Moreover. which would complement the existing anti-terrorism conventions. contains a definition of terrorism which includes “unlawfully and intentionally causing.terrorism-research. is a global definition of terrorism is desirable or not? Few states allege that if an exhaustive definition of terrorism is adopted. religious. 9 Ibid 10 International Terrorism and Security Research. including a place of public use. or (b) serious damage to public or private property. attempting or threatening to cause”: “(a) death or serious bodily injury to any person. or ideological10. Its draft Article 2. it will restrict the state capacity to take action in several cases against terrorism 11. by its nature or context. an infrastructure facility or the environment. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. resulting or likely to result in major economic loss. is to intimidate a population.org/files/reports/35/129_report_en. places.

including a place of public use. is to intimidate a population or to compel a Government or an international organization to do or abstain from doing an act” 12 A Terrorist Act has been defined in the following terms:. or (c) Damage to property. by its nature or context. does any act or thing by using bombs. But the term has not been defined neither in this resolution nor in any other document of the Security Council. a public transportation system. causes: (a) Death or serious bodily injury to any person. although the term has been used at various occasions governing international law since 1937. unlawfully and intentionally. and it was agreed that “states shall prevent and suppress the financing of terrorist acts” and shall take “necessary steps to prevent the commission of terrorist acts”. any person or persons. or (b) Serious damage to public or private property. by any means. (a) in order to. or damage to. or injury to. property on a large scale. or poisons or noxious gases or chemicals. or any section of the people. or a widespread disruption of supplies of 12 Ibid 6 . PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. a State or government facility. resulting or likely to result in major economic loss. of the people. or be likely to cause. 2017 What is a terrorist act? States have failed to frame any agreed and exhaustive definition of terrorism. dynamite or other explosive or inflammable substances. Some of the acts have been included in terrorism by some of these documents. or systems referred to in paragraph 1(b) of this article. for instance Article 2(1) of the Draft of the United Nations on a Comprehensive Convention on International Terrorism provides that:- 1) “Any person commits an offence within the meaning of this Convention if that person. UN Security Council passed various resolutions regarding terrorism. or such fire-arms or other lethal weapons as may be notified. strike terror or create a sense of fear and insecurity in the people. an infrastructure facility or the environment. After September 11. or destruction of. or if the effect of his actions will be to.“Terrorist Act – A person is said to commit a terrorist act if he. facilities. places. the death of. in such a manner as to cause. when the purpose of the conduct.

13 Ibid 14 Office of the United Nations High Commissioner for Human Rights Human Rights. Moreover it destabilizes the states and therefore anarchy and chaos spread in the society. child molestation. for instance right to life. accessed on 15-11- 2017. which is the supreme human right as defined in the international convention on civil and political rights and other human rights instruments. or to adversely affect harmony among different sections of the people. the effect of which will be.This sets it apart from both guerilla warfare and terrorism. or be likely to be.ohchr. Therefore all the states are obliged to protect these human rights of the individuals from every danger and protect them against the acts of terrorism by taking appropriate measures in this regard. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. 32. and rule of law. DIFFERENCE BETWEEN TERRORIST AND INSURGENT A key difference is that an insurgency is a movement .a political effort with a specific aim. or (b) commits a scheduled offence. or any section of the people. It violates all the provisions of all the international human rights and other instruments. to strike terror. Terrorism and Counter terrorism Fact Sheet No. freedom. or (c) commits an act of gang rape. 2017 services essential to the life of the community. Moreover in addressing the problem of terrorism states must distinguish between acts of terrorism and general criminal acts without which it is difficult to address the problem of terrorism and for that purpose it is desirable to define terrorism first 14.pdf. or (d) commits an act of civil commotion as specified in section 7A 13.org/Documents /Publications/Factsheet32EN. or threatens with the use of force public servants in order to prevent them from discharging their lawful duties. 7 . or create a sense of fear and insecurity in the people. or robbery coupled with rape as specified in the Schedule to this Act. Most importantly it directly deprives a person from the enjoyment of fundamental human rights.http://www. as they are both methods availableto pursue the goals of the political movement. The impact of terrorism on human rights There is no doubt that terrorism is a great violation and threat to human rights.

and criminal behavior all overlap. Although there are places where terrorism. demonstrate clear differences in their objectives and operations. While some of the more successful insurgencies and guerillacampaigns employed terrorism and terror tactics. as it ties them to identifiable locations and reduces their mobility and security. Rarely will terrorists attempt to "control" terrain. A guerilla force may have something to gain from a clash with a government combat force. This is not to say that they do not target military or security forces. or whether terror operations are to be given primacy within the insurgency campaign. or even a "fight" at all. but acts to change perceptions as to the effectiveness or legitimacy of the government itself. groups that are exclusively terrorist. destroying government efficiency. Terrorists as a rule avoid direct confrontations with government forces. The deliberate choice to use terrorism considers itseffectiveness in inspiring further resistance. A terrorist group has nothing to gain from such a clash. There is nothing inherent in either insurgency or guerilla warfare thatrequires the use of terror. 2017 Another difference is the intent of the component activities and operations of insurgenciesversus terrorism. but that they will not engage in anything resembling a "fair fight". Terrorists use methods that neutralize the strengths of conventional forces. or subordinate "wings" of insurgencies formed to specifically employ terror tactics. This is done by ensuring the widest possible knowledge of the acts of terrorist violence among the target audience. guerilla warfare. or force political concessions in sharing political power. have frequently led to the "urban guerilla" or terrorist wings of an insurgency splintering off to pursue the revolutionary goal by their own methods . PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20.Bombings and mortar attacks on civilian targets where military or security personnel spend. there have been others that effectivelyrenounced the use of terrorism. Disagreement on the costs of using terror tactics. Insurgencies require the active or tacit support of some portion of the population involved Terrorism does not attempt to challenge government forces directly. such as proving thatthey can effectively challenge the military effectiveness of the government. and mobilizing support. 8 . and some developed into conflicts whereterror tactics and terrorism became predominant.The ultimate goal of an insurgency is to challenge the existing government for control of all or a portion of its territory.

PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20.ehl. 2017 Terrorism and international humanitarian law International Humanitarian Law (IHL). States obligations have been determined in this regard which must be observed even during combat against terrorism18. 32. Terrorism and Counter- terrorism Fact Sheet No. which have laid down many obligations upon the states to take appropriate measures in this regard and provide legal assistance in this regard working on the principle of aut dedere aut judicare or “extradite or prosecute”17. as well as a number of other international instruments aimed at reducing human suffering in armed conflict. The relationship between human rights law and international criminal law is very much helpful in the enforcement of human rights. http://www. which are contained in the four Geneva Conventions and their two Additional Protocols.pdf.icrc. and protect the lives of the innocent people during an international or national/domestic armed conflict15. and a number of individuals including organizations and states have been prosecuted and punished for their alleged violations of international human rights and international humanitarian law Terrorism and international refugee law International refugee law provides protection to the refugees who migrate from the effects of hostilities or on other basis set forth and defined in the refugee convention of 1951.org/Documents /Publications/Factsheet32EN. IHL contains rules to be adopted during an armed conflict to achieve this end. has been defined as the set of rules which is aimed to solve the problems. accessed on 15-11- 2017.org/images/resources/pdf/i hl_and_ihrl. accessed on 15-11-2017.http://www. Terrorism and international criminal law In the last few years a number of conventions have been adopted to suppress the acts of terrorism. 15 International Humanitarian Law and International Human Rights Law: Similarities and differences.ohchr. The fundamental goal of International humanitarian law (IHL) is to protect persons and their human rights in an armed conflict and reduce sufferings. 17 Ibid 18 Ibid 9 . 16 Office of the United Nations High Commissioner for Human Rights Human Rights.pdf. Some of these rules are now considered to be part of customary international law 16.

Acts of terrorism and non state actors became a big threat for the World. in the same way sometimes acts to combat terrorism become so.ichrp. accessed on 20-11-2017 20 Office of the United Nations High Commissioner for Human Rights Human Rights. but at the international level it is rarely seen that human rights abuses committed by a state outside its own territory are criticized or noticed by the international community. But in the present scenario certain rules have been developed under which concept of state 19 Wilder Tayler.ohchr. 32. 2017 The Protection of Human Rights while Countering Terrorism The issue of terrorism has become more prominent particularly after 9/11 attacks On World Trade Centre in United States and the December 13 2001 attacks On the Indian Parliament. and respect of human rights during fight against terrorism was emphasized. Notes on the Human Rights Movement and the Issue of Terrorism. 2005. As we have noticed that the acts of terrorism are injurious for the society. The central role of human rights and State obligations when countering terrorism After the adoption of the United Nations Global Counter-Terrorism Strategy by the General Assembly in its resolution 60/288 the World community has started adopting measures towards the protection of human rights in the fight against terrorism.pdf. http://www. but in doing so human rights of every society and individual must be protected in the best possible manner because both. 21 Ibid 10 . PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. accessed on 20-11- 2017. But at times human rights and their protection becomes a big problem in facing as well as countering terrorism 19. and particularly human rights relevant to refugee law. Under international law all the sates are bound to take effective measures against terrorism. http://www. taking effective measures against terrorism and protection of human rights are objectives of international and must not supersede each other20.pdf. International Council on Human Rights Policy.org/Documents/Publications/Factsheet32EN. international criminal law and international humanitarian law21. adopted by the General Assembly in 2005. This was further discussed in the World Summit Outcome. At the domestic level one may criticize the other states. Terrorism and Counter- terrorism Fact Sheet No. They have pledged to ensure that all the measures being taken in the fight against terrorism are in accordance with their general obligations under international law.org/files/papers/78/129_-_Notes_on_the_Human_Rights Movement_and_the_Issue_of_Terrorism_Tayler__Wilder__2005.

N. http://www. CONSTITUTIONAL MANDATE OF BASIC RIGHTS The Constitution of India was adopted on November 26. It is rather surprising that although before the adoption of Indian Constitution. organizations. 366.N. 367. but Indian administration failed to understand that in what manner international law can be applied to the situation24. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20.http://www. 392 and 393 (which came into force at once). accessed on 20-11-2017. 1949 but did not come into force immediately on that day. although the India has taken steps against terrorism. 6. Charter had been adopted at San Francisco on June 25. 388. and even individuals who were alleged to have violated human rights.org/iihl/Album/terrorism-law. Therefore on the one hand where to fight terrorism is an obligation under international law in the same way respect and to ensure of the protection of human rights is also an equal obligation of the states under international human rights law25. 9.org/Documents /Publications/Factsheet32EN. came into force on January 26.ohchr. the U. Terrorism and Counter- terrorism Fact Sheet No. 25 Ibid 11 . 23 Terrorism and international law: Challenges and responses. accessed on 25-11-2017. 2017 responsibility has been realized22. 24 Office of the United Nations High Commissioner for Human Rights Human Rights. U. Notes on the Human Rights Movement and the Issue of Terrorism.pdf. 7. Moreover recently at times action has been taken against various states. At various occasions Security Council also criticized states on promoting terrorism23.pdf. United Nations Assembly On 10 December. 32. 8. International Council on Human Rights Policy. 1945 and came into force on October 24. 60. 1945. the whole of the Constitution except Articles 5. The flexibility of human rights law after 13th December 2001. Commission on Human Rights had been established by the Economic and Social Council in February 1946 as the “nearest approach to permanent on achieving for the supervision of the problem of protection of human rights”1 of human right and the Commission had been directed to prepare. 2005. accessed on 21-11- 2017. http://www.pdf. According to Article 394 of the Constitution. recommendation and reports on an International Bill of Human Rights yet in the whole Constitution of India the term “human rights” does not find mention even once.iihl. inter alia. Preamble. 1948.org/files/papers/78/129_-_Notes_on_the_Human_Rights _Movement_and_the_Issue_of_Terrorism_Tayler__Wilder__2005. 1950 which day is referred as the commencement of the Constitution.however one may argue that what is 22 Wilder Tayler.ichrp. 380. India being a country that signed and ratified the Charter.

C. economic. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. social and cultural rights have been incorporated in Part IV of the Constitution. While referring to the Fundamental Rights contained in Part III of the Constitution. The following chart is being given below to indicate the human rights which have been incorporated in Indian Constitution. to human rights? The answer is not only in affirmative and positive but it may be added that Indian Constitution is credited with not only giving effect to human rights but has also made them enforceable long before the adoption of International Convention for the Protection of Human Rights and Fundamental Freedoms (1950) which came into force on September 3. India was a party to the Universal Declaration of Rights. Thus even though there is no express mention of the term „human rights‟ in the Constitution. the Constitution of India has incorporated human rights in a big way in the form of Fundamental Rights and Directive Principles of State Policy.. The framers of the Indian Constitution were influenced by the concept of human rights and guaranteed most of human rights in the Universal Declaration. social and cultural rights.. social and cultural rights. of the Supreme Court.J. 26 AIR 1973 SC 1461. As a matter of fact. While Civil and Political rights have been incorporated in Part III of Indian Constitution... 1536 12 .. The Indian Constitution bears the impact of the Universal Declaration of Human Rights and this has been recognized by the Supreme Court of India.10 The Universal Declaration of Human Rights does not define the term „human rights‟. In Kesavananda Bharti v. While the former incorporates civil and political rights.” The Supreme Court has also recognized the interpretative value of the Universal Declaration of Human Rights. the latter incorporates the economic. Sikri. The Universal Declaration of Human Rights contained civil and political as well as economic.and that Declaration describes some fundamental rights as inalienable. What is really material is whether Indian Constitution was recognized and given effect. 2017 in the name of the term. It refers them as “the equal and alienable rights of all members of the human family”. State of Kerla26 observed: “I am unable to hold these provisions show that rights are not natural or inalienable rights. 1953.

or economic level of living. The supreme court comprehend in the “terrorist act” under section 15 of the Unlawful activities prevention Act. who compromise the state. The very right to life of the innocent people is the target of terrorism. sex. rather it is a collective problem and we must unite to condemn and combat it. barbaric. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. Day international community should take the necessary steps to enhance corporation to prevent and kombat terrorism”. There is indeed a clear and in frederick relationship between national security and freedom of the individual. Strong national and international moment heavy mast full stop it goes without saying that human rights of citizens akon competent unknown negotiable. It is a strange paradox dad while on one hand comma higher and better international human rights and human italian standards have awards over the past 5 to 6 decades. The world conference Viana 1983 where's significant landmark in recognising terrorism as a threat to human rights it stated that: “ That's methods and practices of terrorism in all its mom and manifestation for activities in and the destruction of human rights. 2017 HUMAN RIGHTS OF INNOCENT CITIZENS IN THE TERRORIST ACT There has been a brewing consciousness mast citizens all over the world against violation of human rights. Ajmal Amir Kasab’s27 case hell that: “ Terrorist act” and an act of “waiging war against the government of india” may have some overlapping features International terrorism is a modern form of warfare against legal democracy and gold of these terrorist is to destroy the fabric of democracy and it could be wrong for any democratic estate to consider international terrorism to be someone else's problem. caste. language. women. respective of religion. 1967 in Md. elderly men. inhuman clean of innocent people is carried out whether the rest because you're not only to calendar thor radio the government but also to put the security and 780 of the country in jio pardes and bring comma and perpetual grief to the families post office from sach feelings weather they are innocent young children. The ruthless. It is a reality that cult of terrorism strikes at the very rude of human rights of innocent people and tourism and human rights are natural enemy with no possibility of their co existence.on the other hand conflict and newer form of terrorism which threatens human rights of the people across the world 27 (2012) 9 SCC 1 13 . No compromise with violations of the same is permit evil in any civil eyes society. race.

always guilty of gross Human Rights abuses. Henry Jackson wrote. when there is tyranny and widespread neglect of of human rights and people are denied hope of their butyl better future. during prosecution in judicial proceedings.it may also be true that every send terrorist groups. Thus. 1987 14 . A speedy trial is an important objective to achieve to ensure that the guilty are punished on time and The Innocent are not left awaiting justice. Human Rights violations by the state and its Agencies may be identified at various stages such as during Cordon and operations. “.terrorism vis-a-vis women rights on the face of it appears to be directly across each other. during in contest. 1985 commonly known as TADA 1985 . stand with rule of law. we find that systematic human rights violations for long period of time are often the cause of conflicts and Terrorism. which are. once also find Resort to the use of more and more deadly year and Lethal weapons. is the outcome of deprivation of Civil and political rights and manifestation of social. daily deliberate targeting of innocent civilians. to adhere to rule of law and respect basics you cry human rights to deal with the menace of terrorist acts the counter terrorism efforts of a state route. during detention and integrations..scientific and technological development are being flagrantly exploited by the tourist full stop what is a matter of serious concern is the existence of transnational networks of terrorist organizations. it becomes a fertile ground for breeding terrorism. and may not be the security forces (barring exceptional cases). Democratic States. without any doubt. forced starvation of civilians and Resort to rape and other sexual assaults. economic and political injustices. which are often maligned by gullible Medi a and motivated activities. but . in fact terrorism. It is a disgrace that democracy would allow the Treasured word ‘freedom’ to be associated with acts of terrorists. the ugliest form of mankind( Human Behaviour) . PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. As a former us Senator. Some of the important legislations that have been used for regulating terrorism and concern activities such a terrorist and disruptive activities bracket (prevention) close at. 2017 are on the rise and becoming more and more dangerous. under any circumstances.repealed). besides taking hostages etc . Human Rights : if fertile ground for breeding terrorism when we go to the root cause of terrorism. encounter terrorist affairs. human rights and procedure established by law. Terrorist and disruptive activities (prevention) Act. which have a Nexus with the arms and drug traffickers and crime syndicates...

India continues to face the scourge of terrorism. Jai Maharashtra control of organised crimes Act. prevention of terrorist Act. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. 2002 (commonly called as POTA) was enacted to make the provisions for the prevention of and for dealing with terrorist activities in the face of multifarious challenges in the management of internal security of the country and cross border terrorist activities and insurgent Groups full stop again the validity of some of the provisions of water war challenge in People's Union for Civil liberties and another vs Union of India 30 and under circumstances of the case. 1987. apart from the present existing law. the prevention of terrorism Act. 2002 (commonly known as POTA. the apex court has to maintain that Delicate balance between the state arts and Human Rights upholding the constitutional validity of the Act. 28 1994 (3) SCC 569 29 1996 (2) SCC 610 30 (2004) 9 SCC 580 15 . After Kartar Singh.repealed). 1999 (State Law). Unlawful activities (Prevention) Act 1967 and national security Act. Over a period of time. 1987 by the court the review committee complaint of its gross abuse continued to be raised by various quarters. Accordingly.repealed). The Human Rights violations committed under anti terrorism law have been brought to the forefront both by the Judiciary and National Human Rights Commission's (NHRC) full stop the constitutionality of Tara 1987 in Kartar Singh vs State of Punjab28 where the apex court proceeded to temper certain provisions of Tata 1987 so as to bring them within reasonable bounds and to introduce requested safeguards against abuse full stop the offence of abatement of terrorist act under the under the den existing law would require the ingredient of intention on Knowledge full stop the offence of position of a specified arms and ammunitions was found to be harsh and in order to save it from Harbour Terminus. 2017 (commonly known as starte 1987 . validity of TADA was again challenge in RM Tiwari versus state29 and in spite of close close monitoring of the use of Tada. the court held that it shall be invoked only where permission was connected with the use their of although the entire status was not held ultra vires to the constitution on the Adams on that those interested with such draconic statutory Powers Act in good faith and for the public good full stop the supreme court also observed that the parliament is competent to INR at the said act under article 248 r/w list I entry 97 and not wire by List II Entry 1 of schedule VII to the to the constitution of India. wear under the circumstances of the case Dakota feel the constitutionality of TADA.1980.

Section 4 (possession of certain unauthorised arms). State NCT of Delhi Vs Navjot Sandhu @ afsan Guru35 popularly known as Afzal Guru case and the fundamental principles of criminal jurisprudence have been preserved by the court even in the trial of cases under the special apps in 31 (2002) 5 SCC 234 32 JT 2013 (5) SC 1 33 2001 Cr.L. 2017 In Devendra Pal Singh versus N. bail provisions etc. membership of a terrorist organisation. Section 7 (powers of investigating officers).J 659 34 (2002) 5 SCC 234 35 (2005) 11 SCC 600 16 . becomes a punishable act. section 27 (power to direct samples etc). Inna much talked about case of Sanjay Dutt vs State of Maharashtra32 the supreme court recently I feel the conviction for passing the arms possessing the arms and ammunitions under the arms act 1959 and not under Section 5 of Tata further in the case of Vaiko versus Union of India (Madras High Court) Vaiko was arrested under Section 21 of POTA (offence relating to support to a terrorist organisation) on the basis of certain remarks. Section 32 (certain confessions Made to police officers taking into consideration). accordingly. Section 21 (offences relating to support given to a terrorist organisation). dismissed the writ petition seeking a direction to Tamil Nadu Government to withdraw the case. Some of the important provisions of the POTA viz. section 45 (admissibility of evidence collected through the interception of commission.T of Delhi31 when 9 persons had died and several others injured on account of terrorist act and the apex court under the circumstances of the case said that such terrorist have no respect for human life and this would be given death sentence. ipso facto. section 22 (fundraising for a terrorist organisation to be an offence). the Madras High Court upheld that it was for the public prosecutor to independently apply to the matter and take a decision to withdraw the case on the basis of the report of the central POTA review committee and. we find that British law has an exclusive chapter on banning terrorist organisations and after banning a terrorist organisation. Devendra Pal Singh vs NCT of Delhi34.C.later on the trial proceedings at Chennai was challenge on the ground that the central POTA review committee had found that no case was made out against them. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. When we go through the provisions of anti terrorism law of other countries. Has been a matter of analysing their compatibility with respect to basic tenets of Human Rights in implementing these provisions of the act by Supreme Court in a number of cases such as S Srinivas vs MS Deccan petroleum Ltd33.

... the terrorism is recognised as an assault on a civilized society and law required is to entrust the law enforcing agencies with extraordinary powers to meet what is genuinely perceived as an extra ordinary situation of crime (terrorism) and further.. drew a distinction between a merely criminal act and terrorist act in its judgements Hitendra Vishnu Thakur v. peace and tranquillity of the society and create a sense of fear and insecurity”. 2017 acted for the offences of terrorism ultimately on September 17 2004 controversial anti-terrorism act POTA. all of which the members undertake any such activity. adding the escape of a state prison or a Prisoner Of War or instigating others to Rebel against the state. 1967 was amended where. at the same time law is to ensure Human Rights at three distinguished stages to take measures to combat terrorism by Protection of Human Rights.. As regards the law of pertaining to terrorism in India apart from the most significant piece of legislation (TADA.It may be possible to describe it (Terrorism) as use of violence with a view to disturb even tempo. sedition etc. POTA and UAPA Act).. IMPACT OF TERRORISM ON HUMAN RIGHTS In 1994 Supreme Court of India. State of Maharashtra23 and in short “. a) Protection of Human Rights of the victims innocent people who are brutally killed or victimized in a terrorist act. the unlawful activities prevention act.place of work . 17 . 2002 was repealed and consequently. or which encourages or AIDS persons to undertake any such activity. definition of unlawful Association has been expanded to also to include any Association... Section 153A of the Indian penal code is about promoting enmity between different groups on Grounds of religion. which has for its object any activity which is punishable under section 153 of the Indian Penal Code. race .. the credits of India's policy towards combating terrorism estate that Indian panel code probably the oldest legislation prevailing in India and one of the most fundamental of fences has in all like Beijing. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. Preservation of Human Rights and Promotion of Human Rights. inter alia. attempting conspiring to wage war against the government. language etc.residence..

as well as illegal transfers of nuclear. The destructive impact of terrorism on human rights and security has been recognised at the highest level of the United Nations. i. registration of case. Member States have set out that terrorism: (i) threatens the dignity and security of human beings everywhere. money laundering and trafficking in arms. notably by the Security Council. and (v) Threatens the territorial integrity and security of States. c) Promotion of Human Rights to eliminate the root cause of terrorism by ensuring basic human rights including liberty. chemicals and biological materials. is a threat to international peace. employment. education. investigation. kidnapping. the General Assembly. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. trial. extortion. aims at the destruction of the democratic bases of society and destabilizes legitimately constituted Governments. hostage-taking and robbery. (ii) has an adverse effect on the establishment of the rule of law. endangers or takes innocent lives. the former Commission on Human Rights and the new Human Rights Council 36. (iii) has links with transnational organised crime. undermines pluralistic civil society. and Security. dignity. health. 2017 b) Preservation of Human Rights of terrorists in legal and judicial proceedings beginning from cordon/ search operation. encounters. assault. participation of every and each citizen of the country in the progress and development of country.1) 18 .e. drug trafficking. charge-sheet.e. and has a pernicious impact on relations of cooperation among States. and is linked to the consequent commission of serious crimes such as murder. and 36 Complaint Procedures (Rev. (iv) has adverse consequences for the economic and social development of States. “inclusive growth” i. jeopardizes fundamental freedoms and aims at the destruction of human rights. interrogation. including cooperation for development. detention.. Specifically. creates an environment that destroys the freedom from fear of the people. punishment etc. firing in crowded areas. constitutes a grave violation of the purpose and principles of the United Nations. jeopardizes friendly relations among States.

D. therefore. innocent people had to languish in jail for long periods due to stringent bail requirements.Basu v. Union Of India39.” In Kartar Singh v. Observing the at times. the court stated that it causes irreparable damage to innocent persons who have been wrongly accused of crimes and are ultimately acquitted but have to remain in jail for sustained periods due to stringent bail provisions in TADA. State terrorism would only provide legitimacy to terrorism: that would only be bad for the state. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. wherein it was elucidated that the rights under article 21 should be strictly adhered. ensure that the various agencies deployed by it for combating terrorism act within the bounds of law and not become law unto them. 37 AIR 1997 SC 610 38 Supra 28 39 (1996) 2 SCC 616 19 . The State must. 2017 must be suppressed as an essential element for the maintenance of international peace and security. State of West Bengal37 that: “State terrorism is no answer to combat terrorism. the community and above all the Rule of Law.K. State of Punjab38 the Supreme Court in this case expressed serious concern about the sheer misuse and abuse of the act by the police and made an attempt to infuse human rights by devising certain guidelines to ensure that confessions obtained during pre indictment interrogations is in conformity with human rights principles which the court went on to elucidate the same in the case of Shaheen Welfare Association v.

non-governmental organisation and useful intervention by the Supreme Court of India various high courts the national human right commission and State Human Right Commission sir their to contain the human right abuses if any committed by law enforcement officials under these provisions of law. The only need is to implement these provisions effectively humanly and sceintific Ali to contain the terrorism. The Criminal Law Amendment Act. like the Maharashtra Control of Organised Crime Act 1999etc. inter alia. even though there is already a plethora of laws in India including the general and traditional law Indian Penal Code. There have been consistent call us for more lost to combat the terrorism. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20. Further domestic and international Human Rights. Therefore. demands that there has to be a well formulated plans to defeat the ever increasing threats about the existence of an individual. The National Securities Act 1980. The Unlawful Activities Prevention Act 1967. 2017 CONCLUSION The universal declaration of Human Rights 1948. State Enacted Laws. 20 . provided categorical provisions for the preservation of basic human rights to be followed in the administration of criminal justice vide a Article 10 and Article 11. the present scenario of increasing terrorist design.

Richard A : Against all enemies. b) Ballen ken.terrorists in love:the real lives of islam c) Clarke.www 21 .www g) http///:jurisonline. 1993) (NHRC LIB) WEBSITE d) http///:terroreffect.in. 2017 REFRENCES BOOKS a) wright Lawrence.Delhi. ( Free Press.http//:terrorresearch.Dewan.www e) kumar amerash.in. Vijay Kumar:Law relating to terrorists (Capital Law House.pg no-3206.2004) (NHRC LIB)8.com.com. New York.2010.www f) http///:vakilno1.the looming light. PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF November TERRORISM AND INSURGENCY IN INDIA 20.