Terrorism and Protection of Human Right

PROTECTION OF HUMAN RIGHTS DURING THE CONDITIONS OF TERRORISM AND INSURGENCY IN INDIA

 November 20, 2017

Contents INTRODUCTION .......................................................................................................................... 2 THE NATURE OF HUMAN RIGHTS .......................................................................................... 3 International Human Rights Righ ts Law ............................................................................... ................. 3 DEFINING TERRORISM ..................................................................................... ......................... 4 Is a global definition necessary nec essary or desirable? ............................................................................. 5 What is a terrorist act? ................................................................................................................ 6 The impact of terrorism on human rights ............................................................................... 7 DIFFERENCE BETWEEN TERRORIST AND AN D 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 h uman 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 dea l with the menace of terrorist acts ....................................................... 14 IMPACT OF TERRORISM ON HUMAN RIGHTS ................................................................... 17 CONCLUSION .................................................................................. ........................................... 20 REFRENCES ......................................................................................... ....................................... 21

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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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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. Moreover, these are those rights which are available to a person and protect his interests, freedom, dignity and other rights against the interference and excesses of states and their agents. Major human rights corpus included civil, political, cultural, economic, 1

and social rights, and is universal in nature because these are available to all human beings . In other words, human rights are inherent to all human beings, irrespective of nationality, race, sex 2

or any other distinction .

International Human Rights Law In a technical definition, “International human rights law is a set of rules upon the basis of which 3

certain groups or individuals may seek protection from their respective governments” . Universal Declaration of Human Rights (UDHR), is considered fundamental human rights document and  binding on all states. International human rights law has been codified through major human rights treaties and the remaining portion is available in customary international law. The most important of these treaties are, International Covenant on Economic, Social and Cultural Rights; and the International Covenant on Civil and Political Rights, and its two Optional Protocols; International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women, and its Optional Protocol; the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, and its Optional Protocol; the Convention on the Rights of the Child, and its two Optional Protocols; and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Two major human rights treaties has been concluded recently, namely the International Convention for the Protection of All Persons from Enforced Disappearance, 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, Terrorism and Counterterrorism Fact Sheet No. 32, http://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf, accessed on 15-112017. 2  http://www.ohchr.org/en/issues/Pages/WhatareHumanRights.aspx, accessed on 15-11-2017. 3  International Humanitarian Law and International Human Rights Law: Similarities and differences, http://www.ehl.icrc.org/images/resources/pdf/ihl_and_ihrl.pdf, accessed on 15-11-2017

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Optional Protocol, which were all adopted in December 2006.  Moreover, there are a number of other human rights treaties as well which are being concluded with the passage of time, because a large area of human rights till remains to be codified under the corpus of international human rights law. Among these treaties, the part of Human rights which forms part of customary international law is considered to be binding on all states, whereas as far as other human rights treaties are concerned, only those states will be bound under those treaties which are party to it. Mechanism is also provided under international human rights law to enforce the obligations of 5

states.

DEFINING TERRORISM Before going to determine the relation between terrorism and human rights, it seems necessary to define the terrorism itself. As far as the terrorism bill is concerned, section 1 defines the term as: “any action designed to influence the policy of any government, anywhere in the world, 6

including by, for example, damage to property ”. This Bill was published on 12 October 2005, 7

and before passing of the Bill, some draft clauses of the Bill were also consulted . Terrorism is generally understood as those acts of violence which spread terror among the civilians and civilian population. As far as the legal definition of terrorism is concerned, no comprehensive and exhaustive definition has yet been adopted by the international community having consensus upon it, but a number of international treaties and other international and regional instruments have included certain acts which amount to terrorism. Iv 1994, the General Assembly’s Declaration on Measures to Eliminate International Terrorism, set out in its resolution 49/60, and stated that terrorism includes “criminal acts intended or calculated to provoke a state of terror in 8

the general public, a group of persons or particular persons for political purposes” . It is constantly being emphasized to adopt a comprehensive definition of terrorism and therefore a separate convention on terrorism is recommended to be adopted. In this regard, the General 4

 Office of the United Nations High Commissioner for Human Rights Human Rights, Terrorism and Counterterrorism Fact Sheet No. 32,http://www.ohchr.org/Documents /Publications/Factsheet32EN.pdf, accessed on 10-092011. 5  Ibid 6 The British Terrorism Act 2000 7 Counter-Terrorism Policy and Human Rights: Terrorism Bill and related matters, House of Lords House of Commons Joint Committee on Human Rights, Third Report of Session 2005–06 8  Supra 2

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Assembly is currently working towards the adoption of a comprehensive convention against terrorism, which would complement the existing anti-terrorism conventions. Its draft Article 2, contains a definition of terrorism which includes “unlawfully and intentionally causing, attempting or threatening to cause”: “(a) death or serious bodily injury to any person; or (b) serious damage to public or private property, including a place of public use, a State or government facility, a public transportation system, an infrastructure facility or the environment; or (c) damage to property, places, facilities, or system, resulting or likely to result in major economic loss, when the purpose of the conduct, by its nature or context, is to intimidate a  population, or to compel a Government or an international organization to do or abstain from 9

doing any act .” Moreover, 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; intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally 10

 political, religious, or ideological .”

Is a global definition necessary or desirable? First issue in defining terrorism arises when it is questioned that, is a global definition of terrorism is desirable or not? Few states allege that if an exhaustive definition of terrorism is 11

adopted, it will restrict the state capacity to take action in several cases against terrorism . Moreover, acts amounting to terrorism for a state may fall under the plea of self-defense for the other, and these issues are the main problem in de fining the terrorism.

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 Ibid  International Terrorism and Security Research, http://www.terrorism-research.com/, accessed on 15-11-2017 11  Talking about Terrorism – Risks and Choices for Human Rights Organizations 2008 International Council on Human Rights Policy, http://www.ichrp.org/files/reports/35/129_report_en.pdf 10

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What is a terrorist act? States have failed to frame any agreed and exhaustive definition of terrorism, although the term has been used at various occasions governing international law since 1937. After September 11, UN Security Council passed various resolutions regarding terrorism, 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”. But the term has not been defined neither in this resolution nor in any other document of the Security Council. Some of the acts have been included in terrorism by some of these documents, 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, by any means, unlawfully and intentionally, causes: (a) Death or serious bodily injury to any person; or (b) Serious damage to public or private property, including a place of public use, a State or government facility, a public transportation system, an infrastructure facility or the environment; or (c) Damage to property, places, facilities, or systems referred to in paragraph 1(b) of this article, resulting or likely to result in major economic loss, when the purpose of the conduct, by its nature or context, is to intimidate a population or to compel a Government 12

or an international organization to do or abstain from doing an act”

A Terrorist Act has been defined in the following terms:- “Terrorist Act – A person is said to commit a terrorist act if he, (a) in order to, or if the effect of his actions will be to, strike terror or create a sense of fear and insecurity in the people, or any section of the people, does any act or thing by using bombs, dynamite or other explosive or inflammable substances, or such fire-arms or other lethal weapons as may be notified, or poisons or noxious gases or chemicals, in such a manner as to cause, or be likely to cause, the death of, or injury to, any person or persons, of the people; or damage to, or destruction of, property on a large scale, or a widespread disruption of supplies of

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 Ibid

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services essential to the life of the community, or threatens with the use of force public servants in order to prevent them from discharging their lawful duties; or (b) commits a scheduled offence, the effect of which will be, or be likely to be, to strike terror, or create a sense of fear and insecurity in the people, or any section of the people, or to adversely affect harmony among different sections of the people; or (c) commits an act of gang rape, child molestation, or robbery coupled with rape as specified in 13

the Schedule to this Act; or (d) commits an act of civil commotion as specified in section 7A .

The impact of terrorism on human rights There is no doubt that terrorism is a great violation and threat to human rights. It violates all the  provisions of all the international human rights and other instruments. Most importantly it directly deprives a person from the enjoyment of fundamental human rights, for instance right to life, which is the supreme human right as defined in the international convention on civil and  political rights and other human rights instruments, freedom, and rule of law. Moreover it destabilizes the states and therefore anarchy and chaos spread in the society. 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. 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 14

it is desirable to define terrorism first .

DIFFERENCE BETWEEN TERRORIST AND INSURGENT A key difference is that an insurgency is a movement - a political effort with a specific aim.This sets it apart from both guerilla warfare and terrorism, as they are both methods a vailableto pursue the goals of the political movement.

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 Ibid  Office of the United Nations High Commissioner for Human Rights Human Rights, Terrorism and Counter terrorism Fact Sheet No. 32,http://www.ohchr.org/Documents /Publications/Factsheet32EN.pdf, accessed on 15-112017. 14

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

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Terrorism and international humanitarian law International Humanitarian Law (IHL), has been defined as the set of rules which is aimed to solve the problems, and protect the lives of the innocent people during an international or 15

national/domestic armed conflict . The fundamental goal of International humanitarian law (IHL) is to protect persons and their human rights in an armed conflict and reduce sufferings. IHL contains rules to be adopted during an armed conflict to achieve this end, which are contained in the four Geneva Conventions and their two Additional Protocols, as well as a number of other international instruments aimed at reducing human suffering in armed conflict. 16

Some of these rules are now considered to be part of customary international law .

Terrorism and international criminal law In the last few years a number of conventions have been adopted to suppress the acts of terrorism, 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 17

aut judicare or “extradite or prosecute” . The relationship between human rights law and international criminal law is very much helpful in the enforcement of human rights, 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. States obligations have been determined in this regard which must be observed even during combat 18

against terrorism .

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 International Humanitarian Law and International Human Rights Law: Similarities and differences, http://www.ehl.icrc.org/images/resources/pdf/i hl_and_ihrl.pdf, accessed on 15-11-2017. 16  Office of the United Nations High Commissioner for Human Rights Human Rights, Terrorism and Counterterrorism Fact Sheet No. 32,http://www.ohchr.org/Documents /Publications/Factsheet32EN.pdf, accessed on 15-112017. 17  Ibid 18  Ibid

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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. Acts of terrorism and non state actors became a big threat for the World. But at times human rights 19

and their protection becomes a big problem in facing as well as countering terrorism . As we have noticed that the acts of terrorism are injurious for the society, in the same way sometimes acts to combat terrorism become so. Under international law all the sates are bound to take effective measures against terrorism, but in doing so human rights of every society and individual must be protected in the best possible manner because both, taking effective measures against terrorism and protection of human rights are objectives of international and must not 20

supersede each other  .

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. 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. This was further discussed in the World Summit Outcome, adopted by the General Assembly in 2005, and respect of human rights during fight against terrorism was emphasized, and particularly human rights relevant to refugee law, international 21

criminal law and international humanitarian law . At the domestic level one may criticize the other states, 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

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 Wilder Tayler, Notes on the Human Rights Movement and the Issue of Terrorism, International Council on Human Rights Policy, 2005, http://www.ichrp.org/files/papers/78/129_-_Notes_on_the_Human_Rights Movement_and_the_Issue_of_Terrorism_Tayler__Wilder__2005.pdf, accessed on 20-11-2017 20  Office of the United Nations High Commissioner for Human Rights Human Rights, Terrorism and Counterterrorism Fact Sheet No. 32, http://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf, accessed on 20-112017. 21  Ibid

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responsibility has been realized . At various occasions Security Council also criticized states on 23

 promoting terrorism . Moreover recently at times action has been taken against various states, organizations, and even individuals who were alleged to have violated human rights. th

The flexibility of human rights law after 13  December 2001, although the India has taken steps against terrorism, but Indian administration failed to understand that in what manner 24

international law can be applied to the situation . 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 25

rights law .

CONSTITUTIONAL MANDATE OF BASIC RIGHTS The Constitution of India was adopted on November 26, 1949 but did not come into force immediately on that day. According to Article 394 of the Constitution, the whole of the Constitution except Articles 5, 6, 7, 8, 9, 60, 366, 367, 380, 388, 392 and 393 (which came into force at once), came into force on January 26, 1950 which day is referred as the commencement of the Constitution. It is rather surprising that although before the adoption of Indian Constitution. U.N. Charter had been adopted at San Francisco on June 25, 1945 and came into force on October 24, 1945, India being a country that signed and ratified the Charter. United  Nations Assembly On 10 December, 1948; the U.N. 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, inter alia, 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. Preamble- however one may argue that what is

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  Wilder Tayler, Notes on the Human Rights Movement and the Issue of Terrorism, International Council on Human Rights Policy, 2005, http://www.ichrp.org/files/papers/78/129_-_Notes_on_the_Human_Rights  _Movement_and_the_Issue_of_Terrorism_Tayler__Wilder__2005.pdf, accessed on 20-11-2017. 23  Terrorism and international law: Challenges and responses, http://www.iihl.org/iihl/Album/terrorism-law.pdf, accessed on 25-11-2017. 24  Office of the United Nations High Commissioner for Human Rights Human Rights, Terrorism and Counterterrorism Fact Sheet No. 32,http://www.ohchr.org/Documents /Publications/Factsheet32EN.pdf, accessed on 21-112017. 25  Ibid

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in the name of the term. What is really material is whether Indian Constitution was recognized and given effect, 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, 1953. 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. While the former incorporates civil and political rights, the latter incorporates the economic, social and cultural rights. The Indian Constitution  bears the impact of the Universal Declaration of Human Rights and this has been recognized by the Supreme Court of India. While referring to the Fundamental Rights contained in Part III of 26

the Constitution, Sikri, C.J., of the Supreme Court. In  Kesavananda Bharti v. State of Kerla

observed: “I am unable to hold these provisions show that rights are not natural or inalienable rights. As a matter of fact, India was a party to the Universal Declaration of Rights.....and that Declaration describes some fundamental rights as inalienable.” The Supreme Court has also recognized the interpretative value of the Universal Declaration of Human Rights.10 The Universal Declaration of Human Rights does not define the term „human rights‟. It refers them as “the equal and alienable rights of all members of the human family”. The framers of the Indian Constitution were influenced by the concept of human rights and guaranteed most of human rights in the Universal Declaration. The Universal Declaration of Human Rights contained civil and political as well as economic, social and cultural rights. While Civil and Political rights have been incorporated in Part III of Indian Constitution, economic, social and cultural rights have been incorporated in Part IV of the Constitution. The following chart is being given below to indicate the human rights which have been incorporated in Indian Constitution.

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 AIR 1973 SC 1461, 1536

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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. Strong national and international moment heavy mast full stop it goes without saying that human rights of citizens akon competent unknown negotiable. No compromise with violations of the same is permit evil in any civil eyes society, respective of religion, race, caste, sex, language, or economic level of living. 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. The ruthless, barbaric, 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, elderly men, women. The very right to life of the innocent people is the target of terrorism. 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. Day international community should take the necessary steps to enhance corporation to prevent and ko mbat terrorism”. There is indeed a clear and in frederick relationship between national security and freedom of the individual, who compromise the state. The supreme court comprehend in the “terrorist act” under section 15 of the Unlawful activities prevention Act, 1967 in  Md. 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, rather it is a collective problem and we must unite to condemn and combat it. 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,on the other hand conflict and newer form of terrorism which threatens human rights of the people ac ross the world 27

 (2012) 9 SCC 1

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are on the rise and becoming more and more dangerous. once also find Resort to the use of more and more deadly year and Lethal weapons, daily deliberate targeting of innocent civilians, forced starvation of civilians and Resort to rape and other sexual assaults, besides taking hostages etc .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, which have a Nexus with the a rms and drug traffickers and crime syndicates.

Human Rights : if fertile ground for breeding terrorism when we go to the root cause of terrorism, we find that systematic human rights violations for long period of time are often the cause of conflicts and Terrorism.terrorism vis-a-vis women rights on the face of it appears to be directly across each other, but , in fact terrorism, the ugliest form of mankind( Human Behaviour) , is the outcome of deprivation of Civil and political rights and manifestation of social, economic and political injustices. Thus, when there is tyranny and widespread neglect of of human rights and people are denied hope of their butyl better future, it  becomes a fertile ground for breeding terrorism.

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 the counter terrorism efforts of a state route, under any circumstances, stand with rule of law, human rights and procedure established by law.it may also be true that every send terrorist groups, which are, without any doubt, always guilty of gross Human Rights abuses, and may not  be the security forces (barring exceptional cases), which are often maligned by gullible Medi a and motivated activities. As a former us Senator, Henry Jackson wrote, “.... It is a disgrace that democracy would allow the Treasured word ‘freedom’ to be associated with acts of terrorists. Human Rights violations by the state and its Agencies may be identified at various stages such as during Cordon and operations, during in contest, during detention and integrations, during  prosecution in judicial proceedings. 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. 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, 1985 commonly known as TADA 1985 - repealed), Terrorist and disruptive activities (prevention) Act, 1987

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(commonly known as starte 1987 - repealed); prevention of terrorist Act, 2002 (commonly known as POTA- repealed), Jai Maharashtra control of organised crimes Act, 1999 (State Law); apart from the present existing law, Unlawful activities (Prevention) Act 1967 and national security Act,1980. 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, 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. 29

After  Kartar Singh , validity of TADA was again challenge in  RM Tiwari versus state  and in spite of close close monitoring of the use of Tada, 1987 by the court the review committee complaint of its gross abuse continued to be raised by various quarters, wear under the circumstances of the case Dakota feel the constitutionality of TADA, 1987. Over a period of time, India continues to face the scourge of terrorism. Accordingly, the  prevention of terrorism Act, 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, the apex court has to maintain that Delicate balance between the state arts and Human Rights upholding the constitutional validity of the Act.

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 1994 (3) SCC 569  1996 (2) SCC 610 30  (2004) 9 SCC 580 29

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In  Devendra Pal Singh versus N.C.T of Delhi    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. Inna much talked about case of  Sanjay Dutt vs State of Maharashtra 32  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.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. 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, accordingly, dismissed the writ  petition seeking a direction to Tamil Nadu Government to withdraw the case. When we go through the provisions of anti terrorism law of other countries, we find that British law has an exclusive chapter on banning terrorist organisations and after banning a terrorist organisation, membership of a terrorist organisation, ipso facto, becomes a punishable act. Some of the important provisions of the POTA viz. Section 4 (possession of certain unauthorised arms), Section 7 (powers of investigating officers), Section 21 (offences relating to support given to a terrorist organisation), section 22 (fundraising for a terrorist organisation to be an offence), section 27 (power to direct samples etc), Section 32 (certain confessions Made to police officers taking into consideration), section 45 (admissibility of evidence collected through the interception of commission; bail provisions etc. 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 33

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 Ltd  ,  Devendra Pal Singh vs NCT of Delhi  ,  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

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 (2002) 5 SCC 234  JT 2013 (5) SC 1 33  2001 Cr.L.J 659 34  (2002) 5 SCC 234 35  (2005) 11 SCC 600 32

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acted for the offences of terrorism ultimately on September 17 2004 controversial anti-terrorism act POTA, 2002 was repealed and consequently, the unlawful activities prevention act, 1967 was amended where, inter alia, definition of unlawful Association has been expanded to also to include any Association, which has for its object any activity which is punishable under section 153 of the Indian Penal Code, or which encourages or AIDS persons to undertake any such activity, all of which the members undertake any such activity. Section 153A of the Indian penal code is about promoting enmity between different groups on Grounds of religion, race ,place of work ,residence, language etc. As regards the law of pertaining to terrorism in India apart from the most significant piece of legislation (TADA, POTA and UAPA Act), 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, attempting conspiring to wage war against the government, adding the escape of a state prison or a Prisoner Of War or instigating others to Rebel against the state, sedition etc.

IMPACT OF TERRORISM ON HUMAN RIGHTS In 1994 Supreme Court of India, drew a distinction between a merely criminal act and terrorist act in its judgements Hitendra Vishnu Thakur v. State of Maharashtra23 and in short “...........It may be possible to describe it (Terrorism) as use of violence with a view to disturb even tempo, peace and tranquillity of the society and create a sense of fear and insecurity”. 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, 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, Preservation of Human Rights and Promotion of Human Rights. a) Protection of Human Rights of the victims innocent people who are brutally killed or

victimized in a terrorist act;

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b) Preservation of Human Rights of terrorists in legal and judicial proceedings beginning from

cordon/ search operation, encounters, firing in crowded areas, registration of case, detention, interrogation, investigation, charge-sheet, trial, punishment etc. c) Promotion of Human Rights to eliminate the root cause of terrorism by ensuring basic

human rights including liberty, dignity, education, health, employment, i.e., “inclusive growth” i.e. participation of every and each citizen of the country in the progress and development of country. The destructive impact of terrorism on human rights and security has been recognised at the highest level of the United Nations, notably by the Security Council, the General Assembly, the 36

former Commission on Human Rights and the new Human Rights Council . Specifically, Member States have set out that terrorism: (i) threatens the dignity and security of human beings everywhere, endangers or takes innocent lives, creates an environment that destroys the freedom from fear of the people, jeopardizes fundamental freedoms and aims at the destruction of human rights; (ii) has an adverse effect on the establishment of the rule of law, undermines pluralistic civil society, aims at the destruction of the democratic bases of society and destabilizes legitimately constituted Governments; (iii) has links with transnational organised crime, drug trafficking, money laundering and trafficking in arms, as well as illegal transfers of nuclear, chemicals and biological materials, and is linked to the consequent commission of serious crimes such as murder, extortion, kidnapping, assault, hostage-taking and robbery; (iv) has adverse consequences for the economic and social development of States, jeopardizes friendly relations among States, and has a pernicious impact on relations of cooperation among States, including cooperation for development; and (v) Threatens the territorial integrity and security of States, constitutes a grave violation of the  purpose and principles of the United Nations, is a threat to international peace; and Security, and

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 Complaint Procedures (Rev.1)

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must be suppressed as an essential element for the maintenance of international peace and security. 37 

 D.K.Basu v. State of West Bengal  that: “State terrorism is no answer to combat terrorism. State

terrorism would only provide legitimacy to terrorism: that would only be bad for the state, the community and above all the Rule of Law. The State must, therefore, ensure that the various agencies deployed by it for combating terrorism act within the bounds of law and not become law unto them.” In  Kartar Singh v. State of Punjab

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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. Union Of India 39, wherein it was elucidated that the rights under article 21 should be strictly adhered. Observing the at times, innocent people had to languish in jail for long periods due to stringent bail requirements, 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.

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 AIR 1997 SC 610  Supra 28 39  (1996) 2 SCC 616 38

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CONCLUSION The universal declaration of Human Rights 1948, inter alia, provided categorical provisions for the preservation of basic human rights to be followed in the a dministration of criminal justice vide a Article 10 and Article 11. There have been consistent call us for more lost to combat the terrorism, even though there is already a plethora of laws in India including the general and traditional law Indian Penal Code, The Unlawful Activities Prevention Act 1967, The Criminal Law Amendment Act, The National Securities Act 1980, State Enacted Laws, like the Maharashtra Control of Organised Crime Act 1999etc. The only need is to implement these provisions effectively humanly and sceintific Ali to contain the terrorism. Further domestic and international Human Rights, 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. Therefore, the present scenario of increasing terrorist design, demands that there has to be a well formulated plans to defeat the ever increasing threats about the ex istence of an individual.

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REFRENCES BOOKS a) wright Lawrence,the looming light,2010,pg no-3206.  b) Ballen ken,terrorists in love:the real lives of islam c) Clarke, Richard A : Against all enemies. ( Free Press, New York,2004) (NHRC LIB)8.Dewan, Vijay Kumar:Law relating to terrorists (Capital Law House,Delhi, 1993) (NHRC LIB) WEBSITE d) e) f) g)

http///:terroreffect.com.www kumar amerash,http//:terrorresearch.com.www http///:vakilno1.in.www http///:jurisonline.in.www

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