Fighting Terror, Protection by Justice Compatibility

Fighting Terror, Protection by Justice Compatibility

 

sequence

1. Preface
2. Terrorism – Types, Origin and Definition
3. terrorism in india
4. legal framework
5. Measures Against the Financing of Terrorism
6. Role of citizens, civil society and media in the fight against terrorism

Preface

In view of the increasing incidents of terrorist violence in the country, there is an emerging consensus in India that a strong legislative framework should be created to deal with terrorism. Even while protecting human rights and constitutional values, there is a need to strengthen the security forces in the fight against terrorism.

Terrorism today has grown beyond public order issues as it accommodates acts of organized crime, illicit financial transfers and arms and drug trafficking, which are serious threats to national security. A multi-cultural, liberal and democratic country like India is extremely vulnerable to terrorist acts due to its geographical location.

Terrorism: Types, Origin and Definition

• The term ‘terrorism’ originated from the Reign of Terror of the year 1793-94 during the French Revolution.
• Left-wing extremism also emerged in Europe and elsewhere, especially in the late 1950s. The Red Army faction in West Germany, including the Naxalites and Maoists in India, the Red Army faction of Japan, the Withermen and Black Panthers in the United States, the Tupamaros of Uruguay and many other left-wing extremist groups in different parts of the world during the 1960s were born.
• International terrorism today is largely inspired by the ideology of Islamic conservatism and at the forefront of this are Osama bin Laden’s al-Qaeda and its close allies, the Taliban in Afghanistan. The rapid growth of the Taliban due to anti-Soviet policies was made possible by the extensive protection provided by the United States’ CIA and Pakistan’s ISI. This has raised serious security concerns not only in Afghanistan but also in Pakistan and India.

types of terrorism

On the basis of the objectives of the terrorist group/groups, the following are included in the main types of terrorist activities-

1. Mankind-Nationalist Terrorism

(Ethno-Nationalist Terrorism)

According to Daniel Byman, the intentional violence committed by a sub-national ethnic group in furtherance of its objectives can be called ethno terrorism. Such violence is often done either for the creation of a separate state or by an ethnic group to raise its status in comparison to other groups. Tamil nationalist groups in Sri Lanka and separatist groups in Northeast India are examples of ethno-nationalist terrorist activities.

2. Religious Terrorism

(Religious Terrorism)

At present, terrorist activities are mostly motivated by religious orders and requirements. According to Hoffman, terrorists who are motivated wholly or in part by religious orders, regard violence as a divine duty or sacred act.

Religious terrorists use different means of legitimacy and justification as compared to other terrorist groups which makes religious terrorism more destructive in nature.

3. Ideological Terrorism

(Ideology Oriented Terrorism)

Terrorism is generally classified into two categories—left-wing and right-wing terrorism—based on the use of ideology in violence and terrorism.

Left Wing Terrorism – The violence carried out by the peasantry against the ruling class, mostly inspired by leftist ideologies, is called Left Wing Terrorism.

• Leftist ideology believes that all social relations and state existing in capitalist society are exploitative in nature and that a radical change through violent means is inevitable. Maoist factions in India and Nepal are examples.

Right Wing Terrorism – Right wing groups usually seek to maintain the status quo or to establish a past state in which they feel protected.

• Sometimes groups supporting right-wing ideologies adopt an ethnic/racist character. They can force the government to take over an area or intervene to protect the rights of “oppressed” minorities (ie) in a neighboring country, such as the Nazi Party in Germany.
• Violence against migrant communities also falls under this category of terrorist violence, it is worth mentioning here that religion can play a supporting role for right-wing violence. Examples of these are: Nazism in Germany, Fascism in Italy, White hegemony in the form of Ku Klux Klan (KKK) in USA etc.

4. State-Sponsored Terrorism

(State-sponsored Terrorism)

• State-sponsored terrorism or proxy war is also as old as the history of military warfare. Large-scale state-sponsored terrorism emerged in international politics in the 1960s and 1970s, and today state-sponsored terrorism, along with religious terrorism, have significantly changed the nature of terrorist activities around the world.
• A characteristic of state-sponsored terrorism is that it is launched to achieve certain clearly defined foreign policy objectives rather than to attract media attention or target potential individuals. Because of this it works under very few constraints and inflicts a lot of damage.
• The Western powers under the United States supported all nationalists and anti-communists throughout the Cold War. The Soviet Union also did not lag behind in this experiment. India is facing this problem from Pakistan since the time of independence.

5. Narcotic-terrorism

(Narco-terrorism)

• Narcotic-terrorism is a concept that can be classified as both ‘types of terrorism’ and ‘means of terrorism’. The term was first used in Colombia and Peru.
• Initially used in the context of terrorism related to drug trafficking in South America, the term has now become associated with terrorist groups and activities around the world and most commonly in Central and Southeast Asia.
• Narcotic-terrorism is defined by the Canadian Security Service as ‘an attempt to influence government policies by systematic intimidation or violence by drug traffickers’ . However, narco-terrorism can also be seen as an instrument of terrorism or a means of financing terrorism.
• Narcotic-terrorism combines two criminal activities – drug trafficking and terrorist violence. Narcotic-terrorism is mainly motivated by economic reasons. Because it helps terrorist organizations to raise a lot more than the minimum cost for their activities.
• For example, Islamist terrorist groups backed by Pakistan’s Inter-Services Intelligence (ISI) agency have been found to be active in drug trafficking in India’s Kashmir Valley and other parts of the country as well.

definition of terrorism

There are two reasons that underline the need for a comprehensive definition of the term ‘terrorism’:

1. Understanding the problem of terrorism.
2. Enacting special laws to deal with terrorism within the country and extradition of terrorists from abroad.

In spite of considering terrorism as a global phenomenon, earlier efforts to give an internationally accepted definition of terrorism have proved futile.

This is mainly for two reasons. First, a ‘terrorist’ in one country can be seen as a ‘freedom fighter’ in another country. Second, it is known that some nations, through their own agencies or hired agents, covertly use their own agencies or hired agents to overthrow or destabilize the government of other countries legally established or to assassinate important political or official persons of the other nation. resort to or encourage various types of criminal acts.

status in india

• The Terrorist and Disruptive Activities (Prevention) Act, 1987 ie TADA was the first special law in India that attempted to define terrorism. Then came the Prevention of Terrorism Act, 2002 (POTA). In 2004, the Unlawful Activities (Prevention) Act, 1967 was amended to include a definition of ‘terrorist activity’.
• The Terrorist and Disruptive Activities (Prevention) Act, 1987 states that‘Whoever, with intent to terrorize the Government established by law or to incite terror or kill the people or any class of people, or to prejudicially affect the harmony between different classes of people, produces bombs, dynamite or other explosive substances or inflammable substances or Does any act by using lethal weapons or poisons or harmful gases or other chemicals or any other substance (organic or otherwise) of a dangerous nature in such a manner as to cause death or injury to person or persons or damage to property or causes destruction or interferes with the supplies or services essential to the life of the community or threatens to kill or injure any person in order to prevent or compel the Government or any other person to abstain from doing any act, he Acts a terrorist in its nature.’
• The POTA Act expands the definition of terrorist act to include financing of terrorism i.e. financing of terrorism in terrorist act. Like POTA, the Unlawful Activities (Prevention) Act, 1967, as amended in 2004, also gives a broader definition of ‘terrorist act’.
•  Looking at the definition of terrorism in these Indian Acts, it emerges that the laws of some countries such as the United States of America, Canada, the United Kingdom and Australia describe any political, religious or ideological motives behind the act of terrorism. Indian law refrains from including any such object or purpose to define or describe a terrorist act.

tools of terrorism

traditional means

• Taking people hostage and hijacking.
• Forcible takeover of buildings, especially government/public buildings.
• Attacking persons and property using weapons, bombs, IEDs, grenades, landmines.
• There is currently an increase in taking shelter of suicide attacks and kidnappings.

non-traditional means

• Acquiring nuclear, chemical or biological weapons as weapons of mass destruction by terrorists are also serious threats such as cyber terrorism and environmental terrorism.

Environmental Terrorism

• While eco-terrorism is resistance against the destruction of the natural environment, environmental terrorism is the deliberate damage to the natural world.

For example, during the 1991 Gulf War, Saddam Hussein filled Kuwait with smoke by ordering the detonation of more than 1000 oil wells.

weapons of massacre

(Weapons of Mass Destruction- WMD)

Weapons of genocide are those that are capable of causing total destruction and have the potential to destroy people, infrastructure or other resources on a large scale. Example- nuclear, chemical and biological weapons etc.

1. Chemical Weapons: According to the Chemical Weapons Convention signed in 1993, any toxic chemical, regardless of origin, is considered a chemical weapon if it is used for prohibited purposes. Examples: Toxic chemicals like Receive, botulinum, toxin, nerve agent, levecite, serine etc. are examples.
2. Nuclear Weapons : Non-availability of easily available uranium for the manufacture of nuclear weapons, the complex process of its enrichment and the high cost is the main problem before terrorist organizations and non-state agencies. There is no record of the use of nuclear weapons in terrorist attacks by the But there have been indications that al-Qaeda has been trying to acquire them since the late 1990s.
3. Biological Weapons: Bio-terrorism is a relatively new form of terrorism, which has emerged as a result of the advancement of biotechnology and its access to terrorist groups. Bioterrorism can be defined as the ‘intentional release of viruses, bacteria or other germ(s) used to cause disease or death in humans, animals or plants’. They are spread through air, water or food items.

Cyber-terrorism

• Cyber-terrorism is a combination of terrorism and cyberspace.
• It can be understood to mean illegal attacks and threats of attack against computers, networks and the information stored therein, primarily for the fulfillment of political or social interests or with the intention of intimidating or intimidating the government or the people.
• Cyber-terrorism is the most advanced means of terrorist strategy developed due to advances in information and communication technologies, which enable terrorists to perform their tasks with minimal physical risk.

Suicide Terrorism

Suicide terrorism is the most harmful aspect of emerging terrorist strategy. Jihadi terrorists embraced suicide terrorism in the 1990s. There have been several fidayeen attacks on the premises of police and defense forces, most notably within Jammu and Kashmir.

terrorism in india

1. Jammu and Kashmir

• The roots of the insurgency in Jammu and Kashmir can be traced back to the late 1940s when Pakistan invaded India with a view to annexing Jammu and Kashmir. Separatist activities came to a standstill after the Indo-Pakistani War of 1971. However, the eighties saw a sudden increase in large-scale cross-border infiltration and insurgent activities. Innocent persons were targeted and forced to flee the state. In the 1990s, there was a large-scale deployment of security forces in the state.
• The rise of Islamic fundamentalism and the emergence of al-Qaeda added another dimension to the activities of the insurgency in Jammu and Kashmir. From India’s point of view, the real threat to Islamic conservatism does not stem from al-Qaeda and the Taliban, but from their regional affiliates.
• The Pakistan-based terrorist organization Lashkar-e-Taiba has established units not only in India but in about 18 countries including the United States, United Kingdom, France, Singapore and Australia. Other affiliated factions of Al-Qaeda, which continue to pose a serious threat to peace and security in India, are Jaish-e-Mohammed, HUM, HUGI and Al-Badr. The declared objective of Jaish-e-Mohammed is to merge Kashmir with Pakistan. Jaish-e-Mohammed members are believed to be involved in several suicide attacks in Jammu and Kashmir.
• The Government of India has been trying to address the problems of troubled and disturbed states through a multi-pronged strategy including a holistic approach, keeping in view the concerns on the political, security, developmental and administrative fronts.

• The efforts of the Union Government and the State Government and especially the security forces have helped in controlling the activities of the militants. Successful conduct of general elections as well as elections to local bodies is a positive indicator of people’s faith in Indian democracy. Another positive development is the increasing tourist arrivals in the valley.

2. North Eastern States

• The northeastern region of India has a long history of conflict and violence within the states and also between tribal groups in neighboring states. A large part of this geographical area was in the border area of ​​the state of Assam, but some of the present-day states were formed in different stages of development during the post-independence period of violent demonstrations carrying human ethnic-nationality.
• Although the framers of the Constitution took care of these specific problems and provided for autonomous councils and other constitutional measures, the northeastern states still remain a complicated situation of conflict. This has resulted in very little economic progress in the region, hampering the developmental activities of the region.

3. Punjab

• The quest for a separate identity by the Sikh community manifested itself in their demand for a separate state in post-partition India. Even after the creation of a separate state of Punjab, some related issues related to the demand for Chandigarh as the capital of the state, inter alia, sharing of river water, etc. remained unresolved. The situation worsened when terrorist elements demanded a break with India as ‘Khalistan’.
• The Rajiv Gandhi-Longowal Pact in July 1985 put an end to this unrest temporarily. A month later, violence erupted again due to obstacles to the resolution of issues such as the murder of Sant Longowal, the division of Chandigarh as part of Punjab and the sharing of river waters.
• This dispute was finally resolved by following a policy based on the following four parameters:
  • Action of security forces to prevent and eliminate terrorism.
  • Maintaining contact with the extremists to renounce violence and request for talks.
  • Discussions with dissident elements who were ready to give up violence and accept the basic principles of the Constitution in exchange for complete integration in the democratic process of the country.
  • Sensitivity to the religious, cultural and ethnic sentiments of the affected population

4. Ideology-Oriented Terrorism-Left Wing Extremism

(Left-Wing Extremism- LWE)

• Left Wing Extremism is known for its use of violence because of its ideology.
• This movement in India was started in the year 1967 by a group of extremists in West Bengal. Apart from the farmers of the region, the workers employed in the tea garden were the followers of this extremist group in large numbers. Convinced that now the state of the people’s revolution was ripe in India, this group started its so-called peasant revolution in West Bengal from March 3, 1967. Thereafter, some of the vacant land under the jurisdiction of Naxalbari, Khoribari and Phanidewa Police Stations of Siliguri was captured by these militant groups.
• The first phase of the Left Wing Extremist movement in the Naxalbari region was effectively brought under control within a short period of time without much bloodshed.

• During the first half of the 1980s, several small groups of Naxalites re-emerged in different parts of India. The Naxalites of Andhra Pradesh were reorganized as CPI-ML (People’s War Group / People’s War Group – PWG). Similarly, the Naxalites of Bihar again renamed themselves as Maoist Communist Center (MCC).

PWG (People’s War Group/People’s War Group) Activities

• In Andhra Pradesh, the PWG was successful in mobilizing large sections of the rural population in remote districts and also in urban areas of some other districts. Some of its programs created an atmosphere of widespread public support, such as the organization of ‘Praja Nyayalaya’ in which ‘expeditious justice’ was being done by hearing complaints against landowners, moneylenders and even government officials.
• The indiscriminate and indiscriminate action of PWG parties (‘dalam’) in the form of PWG activities such as the coercive collection of funds from landowners, businessmen and others has led to a group of people in these areas who have decided to take firm action against the PWG. For this started putting pressure on the state government.
• The police action created a sense of insecurity among the Maoist activists, which prompted them to resort to brutal killings and torture of villagers on the slightest suspicion of being police informers. This led to further alienation among the local villagers, when they saw that they, who claimed to be their saviors, could be so cruel and imprudent in their conduct.
• When the Andhra Pradesh government launched a large-scale police action led by specially trained ‘Greyhounds’ police units, the villages, especially in the Nallamala forest area and its adjoining areas, were earlier considered to be their strong base areas. It didn’t take long to retrieve it.
• This compelled the Maoists of Andhra to vacate these areas and disperse them to the nearby places in the Dandakaranya region of Chhattisgarh and the neighboring districts of Orissa.
• Meanwhile, the Maoists had developed some expertise in the use of landmines and IEDs (Improvised Explosive Device), which caused a high number of casualties to the police forces and security personnel working in Chhattisgarh. Another important activity in Chhattisgarh has been the formation of resistance groups from among the tribal people known as Salwa Judum .

MCC Activities

• The Naxalite organization called Maoist Communist Center (MCC) found that their biggest adversaries or enemies were not as much administration or police, they had more land-owning class armed forces like Ranbir Sena, Bhumihar Sena etc. Some mass killings of Dalits gave rise to the MCC in Bihar and this led to several retaliatory killings by MCC workers and resistive killings by the army of landowners.
• In other words, these encounters took the shape of caste warfare, rather than becoming typical of a Maoist class struggle. With the creation of Jharkhand from the tribal-dominated districts of erstwhile Bihar, the Maoists naturally emerged as friends of the exploited tribes and the poor. Ministers, MLAs, MPs and political leaders were also made targets of Maoist violence.
• In the year 2004, the Naxalites mostly completed their process with the merger of MCC and PWG to form CPI (Maoist). The Maoists are now believed to have access to the technology to manufacture rockets and rocket launchers. The Maoists became more dangerous as they developed the ability to manufacture and detonate Advanced Explosive Devices (IEDs).

5.Terrorism based on religious fundamentalism

• There have been many terrorist incidents in India which were inspired by religious conservatism. Some of these activities were fueled by political ambitions such as the separatist elements in Jammu and Kashmir. Some of these incidents were facilitated and inspired by external forces which were hostile to India. Even the ISI took an initiative in 1991 to build cooperation between the Khalistani militancy of Punjab and the terrorist groups of Jammu and Kashmir (the present-day divided state).
• In January 1994, Mohammed Masood Azhar Alvi arrived in India for the task of reconciling the activists of the Harkat Mujahideen and the Harkat-ul-Jihad, whose parent organization had merged with the Harkat-al-Ansar. The main objective of his organization was to liberate Kashmir from Indian rule and establish Islamic rule in Kashmir. The next initiative in Islamic terrorism by Pakistani intelligence was the establishment of the Jammu and Kashmir Islamic Front (JKIF).
• The year 2001 saw several Islamic terrorist attacks in New Delhi, the most important of which was the December 2001 attack on the Parliament House. The attack on Akshardham temple in 2002, Ayodhya attack in 2005, continuous bomb blasts in Mumbai in 2006 were the main actions of Islamic terrorists.
• It is important to note the role played by the Indian Student Islamic Movement (SIMI) in promoting Islamic extremism in India. Funded by various Islamic charities, especially the World Assembly of Muslim Youth in Riyadh, SIMI spread its activities to different states of India. In September 2001, SIMI was banned by the Government of India under the Unlawful Activities (Prevention) Act, 1967.

emerging threats

• Many terrorist organizations have the ability to cooperate with each other and build links in the form of arms supplies, logistics and even operational support without necessarily sharing ideological ties. Such networks are also able to garner support from organized criminal organizations to further their destructive objectives.
• Terrorism has acquired new and more deadly dimensions in the 21st century. Access to materials and technologies that have greater destructive potential than in the past has also increased the nature of the threat posed by terrorism.
• In a multicultural world, large migrant populations and borders with diverse routes of movement mean that sleeper cells, often generated through the propagation of terrorist ideologies using the Internet, can become the fifth column, threatening the national structure of democratic countries. .
• Such a group of people who are supporters of the enemy country or their secret sympathizers in a country who are involved in espionage or subversive activities, they are called Fifth column. 
• The integration of national economies, banking and financial systems with faster movement of funds across national borders also facilitates the financing of terrorist activities around the world.

strategy to counter terrorism

• a multidisciplinary approach
  • To fight terrorism in India, there is a need to prepare a strategy in the overall perspective of the national security strategy. A multi-pronged approach is necessary to tackle the menace of terrorism.
  • National security means the protection of life and property of every citizen in the country as well as the resources of the nation. The objective of the national security strategy is to create a security environment that enables the nation to provide opportunities for all individuals to develop to their fullest potential. Much of the discussion on national security strategy has been based on the premise that national security can be achieved by ensuring the protection of life and property for all.
  • Here it is necessary to clearly understand that the process of socio-economic development and providing a safe environment has to go hand in hand as both depend on each other. Any threat that could slow down this process should be considered a threat to national security. Such threats can arise from war, terrorism, organized crime, energy shortages, water and food shortages, internal conflicts, natural or man-made disasters, etc.

 

• In this context, socio-economic development is a priority so that vulnerable sections of the society do not fall prey to the lure of money and equality of terrorists and the administration, especially the service delivery mechanism, needs to be accountable to the genuine and long-term grievances of the people.
• To ensure this, law enforcement agencies should be supported with an appropriate legal framework, adequate training infrastructure, equipment and intelligence. In which various stakeholders – government, political parties, security agencies, civil society and the media will have to play an important role.
• The essential elements of such a strategy are listed below-
  • Political consensus.
  • Good governance and socio-economic development.
  • Respect for the rule of law.
  • To counter the destructive activities of terrorists.
  • Providing an appropriate legal framework.
  • capacity building.

 legal framework

• There were many acts to deal with terrorism in India like-
  • The Terrorist and Disruptive Activities (Prevention) Act, 1987 (lapsed in the year 1995)
  • Prevention of Terrorism Act, 2002 (Repealed in 2004)
  • The Unlawful Activities (Prevention) Act, 1967 (amended in 2004)
  • National Security Act, 1980.
• However, some legislations were repealed as it was recognized that there was a possibility of abuse of powers delegated to law enforcement agencies and in fact this happened.
• The Law Commission in its 173rd Report (Year 2000) made special mention of the need for a law to deal firmly and effectively with terrorists towards the investigation of this issue. The legislative measures adopted in India are briefly discussed in the succeeding paragraphs.

National Security Act, 1980

• The National Security Act, 1980 provides for punishment to the Union Government or the State Governments for posing a threat to the security of India.
• The Act also constitutes advisory boards to approve the detention under such an Act.

The Terrorist and Disruptive Activities (Prevention) Act, 1985 and 1987

• The Terrorist and Disruptive Activities (Prevention) Act, 1985 was enacted in May, 1985 in the backdrop of increase in terrorist activities in some parts of the country.
• At that time it was expected that the crisis would be brought under control within a period of two years. However, later it was realized that the sporadic events of the beginning had become a continuous type of crisis due to several factors. Therefore it became necessary not only to retain the said law but also to strengthen it further. Therefore the government enacted the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) which strengthened the mechanism which was created by TADA of 1985.
• The validity of TADA Act 1987 was extended in the years 1989, 1991 and 1993. But after receiving several complaints about its misuse, it was allowed to lapse in the year 1995. There were many terrorist incidents in India including the hijacking of Indian Airlines flight number IC-814 in Kandahar in 1999, attack on Parliament in December 2001. As a result, the Prevention of Terrorism Act, 2002 was passed.

Prevention of Terrorism Act, 2002

The main features of the Prevention of Terrorism Act, 2002 (POTA) were as follows-

• Definition of Terrorist Act.
  • Arrest Provision.
  • Seizure & For Feiture of Proceeds of Terrorism.
  • Interception of Terrorism.
  • Unauthorized Possession of Fire Arms.
  • Enhanced Power to Investigating Officers.
  • Increased Period of Police Custody.
  • Censitution of Special Courts.
  • Chapter on dealing with Terrorist Organizations.
  • Constitution of Review Committee.
• Keeping in view the fact of some State Governments misusing the provisions of POTA and failing to fulfill its intended purpose, the Central Government repealed it.
• After the repeal of POTA, certain provisions to deal with terrorism were incorporated in the Unlawful Activities (Prevention) Act, 1967, as amended by the Unlawful Activities (Prevention) Amendment Act, 2004.

Unlawful Activities (Prevention) Act, 1967

• This law was enacted to provide for more effective redressal of certain illegal activities of individuals and organizations and matters related thereto. It empowered the appropriate authorities to declare any organization as ‘unlawful’ if it is doing illegal activities.
• Similar to POTA, it also defines a ‘terrorist act’ and a ‘terrorist organization’ as an organization listed in the Schedule or an organization operating under the same name as the organization so listed. It provides for confiscation of proceeds of terrorism in addition to providing strict punishment for terrorism related offences.
• It does not provide for provisions relating to special courts or enhanced powers to conduct inquiries and confessions made before police officers.

Need for comprehensive counter-terrorism legislation

• The Law Commission of India in its 173rd Report on the Prevention of Terrorism Bill, 2000 had recommended a separate legislation to deal with the menace of terrorism.
• The law defines terrorist activities, harsh punishment for such acts, possession of certain unauthorized arms, confiscation and attachment of property showing proceeds of terrorism, special powers to investigative officers, constitution of special courts, protection of witnesses, police officers. Provisions such as consideration of the acceptance made before the PWD, enhanced police custody, constitution of review committees, protection of action taken in good faith, etc. were included.
• The Commission is of the view that a chapter on terrorism should be made a part of the National Security Act, 1980.
• The Unlawful Activities Prevention Act deals primarily with the effective prevention of certain unlawful activities and related matters of individuals and associations whereas the National Security Act deals with those activities which are prejudicial to national security and integrity and It also contains provisions for preventive detention, which do not find a place in ordinary laws.
• Terrorism is much more harmful than just an illegal activity. It is a serious threat to national security and integrity. Therefore, the National Security Act is more relevant to include provisions to deal with terrorism.

definition of terrorism

• The Commission observed that at times terrorist groups target personnel of security forces or enforcement agencies to discourage them or to avenge any coercive action taken by them. The basic purpose behind these actions is to terrorize other personnel by taking action against terrorists.
• Therefore, the Commission is of the view that the killing of important public representatives and public workers with a view to avenge or to influence others in the organization should also be classified as a terrorist act.
• Furthermore, any counter-terrorism strategy can be successful only if terrorism financing is included in the definition of terrorist act. The Commission is of the view that providing support including raising funds or providing funds for terrorist activities should be treated as a crime as serious as the terrorist act and a provision of severe punishment for such activities should be made.

bail and remand period

• Every person who is arrested under section 167 of the Criminal Penal Code must be produced before the nearest Magistrate within a period of 24 hours of the arrest. In case the investigation is not completed within 24 hours, the Magistrate is authorized to extend the period of lock-up up to a maximum of 15 days.
• After the expiry of 15 days, the accused should be produced once again before the Magistrate, who may, after seeing justification, extend the period of detention for a further 15 days; Provided that the period of such detention cannot be extended beyond 60 days.
• Provided that where the inquiry relates to an offense punishable with death, imprisonment for life or imprisonment for a term not exceeding ten years, the period shall be 90 days. Sections 436 to 450 of the Criminal Penal Code deal with the provisions of bail.
• Since persons accused of terrorist acts are not ordinary criminals and witnesses are intimidated to testify against them for fear of causing bodily harm to them or their family members.
• Therefore collecting evidence against them is difficult and time consuming. If such persons are to be treated at par with other criminals, the course of justice will be seriously hampered.
• Witnesses in terrorist related crimes are usually reluctant to testify for fear of revenge. Investigating such cases is often more complex and time consuming than simple crimes.
• This may require a thorough and lengthy investigation by the police. Therefore, the time limit prescribed under the Criminal Penal Code is not sufficient.

confession before a police officer

(Confession before a Police Officer)

• Protection against Self Incrimination is a fundamental tenet of the Constitution and our criminal justice system. It is enshrined in Article 20(3) , which says that ‘No person accused of any offense shall be compelled to become evidence against himself.
• Section 25 of the Indian Evidence Act, 1872 makes all confessions to a police officer inadmissible. This provision was made because of the possibility of resorting to force and torture by the police to get the crime confessed.
• This provision may be true in dealing with simple crimes, on the contrary this issue needs to be reconsidered in dealing with terrorism.
• Those opposing the admissibility of confession to the police have argued that if an accused is willing to make a voluntary confession, he can be produced before a magistrate instead of appearing before a senior police officer. It was also argued that the police can resort to coercive methods to get the crime confessed.
• The Commission is of the view that after the detailed safeguards suggested in the Report on ‘Public Order’ , there should be no reason to disbelieve the police about the admissibility of the statements made before them.
• The convictions under Section 164 of the Criminal Penal Code will continue to be made before a Judicial Magistrate until the comprehensive police reforms suggested by the Commission are in place.

Presumptions under the Law

• In all offences, the onus of establishing the guilt of the accused rests with the prosecution, i.e. an accused is initially presumed to be innocent until his guilt is proved beyond all reasonable doubt. However, a section holds that the transfer of the responsibility of evidence to the accused is a violation of the basic principles of jurisprudence.
• But the second point of view is that there are certain facts, which are only in the knowledge of the accused, then it becomes difficult for the prosecution to establish the veracity of such facts and in this situation the benefit usually accrues to the accused.
• The Commission is of the view that because of the nature of the offense and the possibility that it threatens the security and integrity of the country on the one hand and spreads terror among the people on the other, it is necessary that the person, who has been indulging in the act of terrorism, is not able to exercise the protection which is conferred on an accused person under ordinary laws

Review Committee

• Laws relating to extraordinary and complex crimes such as terrorism require extraordinary provisions, which provide special means to the agencies concerned. Therefore, there may be a tendency to misuse them.
• The Commission is of the view that while strict legal provisions relating to investigation, bail and prosecution, etc., are necessary for the prosecution of persons charged with terroristic acts, equally, an effective statutory institutional mechanism should be provided to check any misuse of these provisions. It is also necessary to do
• The Commission therefore recommends that the proposed new chapter in the National Security Act should provide for the constitution of an independent review committee, before which all cases should be placed for review within 30 days of their filing.
• The review committee consisting of the Law Secretary and the Director General of Police will be headed by the Home Secretary of the State.

witness protection

(Witness Protection)

• No law has yet been enacted in India to protect witnesses. Various measures are adopted to provide some protection to the witnesses and the victims during the trial such as-
  • Use of veil while recording the statement of the victim so that the presence of the accused is not affected by the witness.
  • Recording of statement through video conferencing- This is another method by which a victim can avoid face-to-face with the accused while giving evidence.
  • Providing protection to witnesses/victims.

special court 

(Special Courts)

• The concept of speedy trial is included as an essential part of the fundamental right to life and liberty protected under Article 21 of our Constitution. The constitutional guarantee of speedy trial is suitably spelled out in Section 309 of the Code of Criminal Procedure.
• The new law should include a provision for the establishment of special courts to try terrorism-related crimes expeditiously. These special courts should be well equipped and fully staffed including presiding officers and prosecutors who should be specially trained to deal with terrorism related cases.

keep arms etc.

(Possession of Arms etc.)

• Provision for punishment for unauthorized possession of certain specified arms and ammunition in notified areas and unauthorized explosive substances, weapons of mass destruction, biological or chemical substances in notified and non-notified areas should be included in the law on terrorism.

federal agency for the investigation of terroristic crimes 

(A Federal Agency to Investigate Terrorist Offences)

• The Commission has discussed this issue in detail in the Report on Public Order. The Commission has observed that all the offenses proposed to be included in the category of so-called “federal offences” have been covered under the Indian Penal Laws.
• However, with the increasing seriousness and complexity of such crimes, it will be necessary to devise suitable procedures to deal with them. For this, the enactment of a new law will be necessary to deal with those crimes, which have a situation of international and national expansion. It will also facilitate their investigation by a specific state or central agency.
• The following offenses can be included in the proposed new law:
  • Organized crime
  • terrorism
  • activities endangering national security 
  • arms and human trafficking
  • treason
  • Major crimes including international expansion
  • Killing of key persons (including attempted)
  • serious economic offense
• A Standing Parliamentary Committee on Personnel, Public Grievances and Law and Justice in its 24th report reconstituted the CBI as the Central Intelligence and Investigation Bureau, creating a separate Anti-Terrorism Division and the mechanism to transfer investigations in terrorism-like cases. proposed to do.

Measures Against the Financing of Terrorism

• Terrorist activities require substantial financial support. Such activities generally include propagation of ideology supporting extremist action to achieve their goals, increasing the number of dedicated followers willing to take extremist action in furtherance of such goals, acquisition and training of weapons and explosives, promotion of extremist action. Planning and execution etc. All of these necessarily require considerable financing.
• Terrorist organizations can finance their activities either by working without resorting to money laundering or by taking shelter in collaboration with organizations involved in drug trafficking, smuggling etc.
• Financing may also involve counterfeiting of currency. In addition to using the facilities provided by international trade, such organizations also resort to smuggling cash in bulk and using informal means of transfer of funds such as hawala. This is the reason why there has been a tendency to merge anti-money laundering and anti-terrorist-finance (AML and CTF) systems internationally.
• Linked to financing terrorist activities and those related to money laundering are two characteristics that have a bearing on the nature of the strategy adopted in the anti-terrorist financing system. These are as follows-

1. In case of money laundering, the activity starts with the generation of income from illegal activities/crime and ends with their conversion into statutory assets (movable or immovable). Terrorist activities, on the other hand, can be financed by legal or illegal funds and end when it reaches the terrorists. Even if it involves money laundering activities in between, the money will continue to go to its destination. It broadens the scope of investigation in cases involving terrorist finance.
2. In case of money laundering, even if the proceeds of illegal activities/crime are laundered, the effect can be revoked on the basis of post-facto investigation by the Enforcement Authority. In the case of terrorism financing, once the finance chain is completed and the terrorist act has taken place, only post-facto investigation can be done because by then the loss of public money and public confidence has been done.

• The main components of the strategy to deal with the financial aspects of terrorist activities are as follows:
  • Asset recovery and blocking powers.
  • Legal penalties against individuals/organizations involved in the financing of terrorism.
  • Adoption of standard procedures for continuous customer identification programs and record keeping by financial institutions/agencies.
  • Reporting of suspicious-financial activity by individuals and entities.
  • Anti-money laundering measures.
  • Capacity building and coordination mechanism among the agencies involved.
  • international cooperation.

remedies in india

anti money laundering measures

• The provisions relating to money laundering are prescribed in the Prevention of Money Laundering Act, 2002 (PMLA) as amended by the Prevention of Money Laundering (Amendment) Act, 2005.

• Money laundering is limited to activities/offences related to ‘income from crime’. ‘Proceeds of offence’ has been defined in section 2(y) of the Act as any property obtained directly or indirectly by any person as a result of criminal activity relating to a scheduled offence.
• Thus money laundering shall be an offense only if it is connected with any activity relating to the proceeds of the offence, which is mentioned in the Schedule to the Act. Transactions not connected with these scheduled offenses would be outside the purview of the Act.
• A look at the offenses listed in the Schedule reveals organized crime and fraud, terrorism including terrorist financing, human trafficking, illicit trade in stolen and other goods, fraud, particularly financial fraud; Counterfeiting and theft of materials, smuggling and insider trading and capital market forgery etc. are not listed therein.

investigation of money laundering offenses

• PMLA describes the power and authority of law enforcement officers.
• The Act also provides for the Transaction Reporting Regime, which is administered by a separate Financial Intelligence Unit.
• In the case of PMLA, the Enforcement Directorate is the law enforcement agency.

financial intelligence unit

• After the PMLA came into force with effect from 1st July, 2005, the reporting system in respect of financial transactions as envisaged in the Act also came into force. This led to the creation of the Financial Intelligence Unit of India (FIU-India) . The formats for reporting transactions to FIU-India were notified in March 2006.
• The regulations include maintenance of records of prescribed transactions, submission of information to FIU-India in the prescribed format and verification of customers in the prescribed manner.
• FIU-India analyzes these reports and disseminates the information to the appropriate enforcement/intelligence agencies.
• The volume of reported transactions will continuously increase with the increase in their relative complexity hence FIU-India must be strengthened organizationally to meet the challenges.

Coordination

• In addition to the specific information provided by FIU-India on suspected money laundering transactions, the Regional Economic Intelligence Council is the main forum for coordinating and co-ordinating various agencies dealing with economic crimes available to the Enforcement Directorate. -REIC).
• REICs constituted in the year 1996 are the nodal regional agencies to ensure operational coordination between the various enforcement and investigation agencies dealing with economic crimes in their respective regions. It includes designated officers of CBDT, CBEC, CBI, Enforcement Directorate, heads of allied agencies of Union and State Governments in the region, RBI, SBI, Registrar of Companies etc.
• The working of REIC is coordinated by the Central Bureau of Economic Intelligence (CEIB) under the administrative control of the Department of Revenue, Ministry of Finance. CEIB acts as the nodal agency for economic intelligence.

Measures to stop the flow of funds for financing terrorist activities

• While an effective money laundering system is an essential element in combating terrorist financing, some additional measures are also required to prevent the financing of terrorist activities. For example, criminalizing terrorist financing and blocking the way of financing terrorist activities. In addition to making the raising of funds for terrorism a crime, the focus will also have to be on prevention of such acts.
• Terrorist activities can be financed through several methods, such as-
  • Value transfer through business transactions.
  • Hawala transactions.
  • currency smuggling.
  • forgery.
  • Fraud from financial institutions and the general public.
  • False claim of exemptions.
  • Returns is false.
  • Using non-profit organizations and religious trusts as tools.
  • Drug trafficking and narcotics trade.
  • Investment and trade in capital and commodity markets (including foreign investment).
  • Real estate transactions etc.
• In addition to the above traditional methods, methods like online payments, trade based money laundering, misuse of donations, false claims have also started increasing their use in financing terrorist activities in recent years.
• Since the investigation of transactions related to such activities requires specialized investigative techniques and skills, there is a need to create multi-faceted investigative teams in the agencies responsible for conducting investigations under anti-terrorist law.
• Authorities to investigate such activities Investigative agencies need to deploy more resources and manpower to detect suspected terrorist financing activities so as to provide information to intelligence agencies and authorities empowered to investigate terrorist cases.
• Another important source of information in this regard is the Financial Reporting System administered by FIU-India.

Role of citizens, civil society and media in combating terrorism

Multi-faceted action to combat terrorism will require coordination on all fronts and each agency/institution will have to play an important role.

Education

• The National Council of Educational Research and Training (NCERT) has taken initiatives such as organizing training programs for teachers and teacher-education for peace as well as developing resource materials.
• The National Focus Group on Education for Peace set up by NCERT has described the basic principles underlying these initiatives which are as follows-
  • Schools are potential enrichment sites for peace because schooling includes the formative years of an individual’s life, during which children can be oriented toward peace rather than violence.
  • Teachers can be social therapists by going beyond the academic curriculum to focus on student centered education to inculcate human values ​​in the students.
  • Peacekeeping skills promote academic excellence because co-operating with each other and developing positive attitudes are hallmarks of a good student as well as a peace-loving person.

• The response to the phenomenon of jihadist terrorism being supported in some madrassas needs to be countered by emphasizing the true essence of Islam. Educational institutions like madrassa as well as other social institutions can play a big role in this regard.
• In fact, it is important to have a holistic strategy for promoting peace education, encompassing both secular and religious ideologies.

 civil society

• The importance of civil society in a comprehensive and multi-faceted response to the threat of terrorism was recognized by the United Nations General Assembly. Which adopted the United Nations Global Counter-Terrorism Strategy on 8 September 2006. Member States committed to promoting the efforts of non-governmental organizations and civil society in the implementation of this strategy.
• The participation of civil society groups in public works has increased significantly in recent years. He has been instrumental in drawing the attention of the government to citizens’ grievances and has also been active in making special mention of ‘human rights violations’ by security forces while dealing with terrorists.
• Given the close proximity of these groups to the grassroots, their potential can also be harnessed in a number of ways that will aid the nation’s struggle against terrorism, including providing ‘local’ intelligence types.
• Civil societies can play an advisory and educational role in making the entire community aware of the basic precautions to be taken as civilians are the target in most terrorist attacks. It is therefore essential that citizens are themselves equipped and trained to deal with such incidents as they are often the first responders to a crisis in addition to being victims.
• Civil society and non-governmental organizations, for example, targeted programs of cooperation, focusing on spreading awareness of the diversity of local cultures, religious practices and traditions of certain communities, and developing external activities to relieve community tensions and heal their wounds May partner with law enforcement agencies to develop

publicity medium

• Publicity media is a broad term used to denote all media of mass information and communication, including newspapers, publications, electronic media and the Internet. Media has always played a major role in public life.
• With the introduction of electronic media and the modernization of print media, the range, impact and response period of the media has greatly improved. There have been instances where media reports have stirred controversy; Although on many occasions they have also been helpful in preventing the spread of violence.
• Thus, regardless of the intent of the media, coverage of the news can meet the expectations of terrorists. Terrorists also have the urge for propaganda and the media should not unintentionally assist terrorists in their work.
• It is necessary that the government should work to harness the power of mass media as part of its strategy to defeat terrorism. It is necessary to have a positive media strategy based on the following points-
  • Transparency in governance.
  • Easy access to information and sources.
  • To advance the role of the media as an instrument of vigilance to investigate and prevent administrative, legal and judicial violations and excesses that threaten civil and democratic rights in the event of terrorism.
  • To engage, enable, encourage and assist the media in fulfilling its role of providing informed, fair and balanced coverage of crisis, especially terrorism.
• The principle of self-restraint should be included in the policy of the media. Publishers, editors and reporters must be sensitized to avoid and exclude elements of media coverage that inadvertently promote the agenda of terrorism.
• All forms of media should be encouraged to develop a self-control code of conduct to ensure that propaganda emanating from a terrorist attack does not aid a terrorist with his nefarious intent.

Conclusion

• Development, stability, good governance and rule of law are intertwined and any threat to unrest becomes a hindrance to the country’s objective of sustainable development. Terrorism not only destroys the political and social environment but also threatens the economic stability of the country, weakens democracy and even deprives ordinary citizens of basic rights including their right to life.
• Terrorists do not belong to any religion or sect or community. Terrorism is an attack on democracy and civilized society by some militants who resort to the targeted killing of innocent civilians in pursuit of their heinous goals.
• Today terrorism has acquired new and more dangerous dimensions, including modern communication systems, organized crime, drug trafficking, counterfeit currency and their use on a global scale, threatening international peace and stability around the world. That is why international cooperation is essential in the fight against terrorism.
• India has been one of the worst victims of terrorism but our society has displayed unprecedented vitality and resilience in the face of repeated and unbridled terrorist attacks while maintaining communal harmony and social harmony.
• The counter-terrorism strategy must recognize that the act of terrorism not only destroys the innocent but divides our society, creates differences among people and also causes great damage to the fabric of the society.

Apart from taking continuous and strict action by security agencies against terrorists and anti-national activities, civil society can also play a major role in preventing terrorist activities and countering the ideology of terrorism. Cooperation by citizens and the media is equally important in the fight against terrorism. The thrust of the report is that a multi-pronged approach involving legal and administrative measures coupled with good governance, inclusive development, vigilant media and an informed citizenship can defeat terrorism in any form.