Contents
CHAPTER I
INTRODUCTION
CHAPTER II
HISTORICAL PERSPECTIVES
1. ANCIENT PERIOD
A. MANUSMRITI [IAWS OF MANUI
B. KAUTILIAN JURISPRUDENCE
2. MEDIEVAL PERIOD
A. MAHARANA PRATAP
B. SHIVAJI BHONSALE OR CHHATRAPATI SHIVAJI
(1630 - 1680)
3. BRITISH ERA
A. CIVIL REBELLIONS
B. PEASANT MOVEMENTS
C. GROWTT{ OF NATIONAL MOVEMENT
D. NON CO-OPERATION MOVEMENT
E. REVOLUTIONARY TERRORISTS
F. GOVERNMENT OF INDIA ACT, 1935
4. POST -INDEPENDENCE ERA
A. PREVENTIVE DETENTION
B. ARMED FORCES SPECIAL POWERS ACT, 1958.
xI HO}-{AN RIGHTS AND ANTI-TERRORISM IAWS IN INDIA
C. SEVEN SISTERS EFFECTED BY TERRORISM AND
INSURGENCY: FUNCTIONING OF ARMED FORCES
SPECIAL POWERS IN THESE STATES
i. Nagaland
ii. Assam
iii. Tripura
iv. Manipur
v. Mizoram
vi. Meghalaya
5. TERRORIST AND DISRUPTIVE ACTIVITIES ACT
i. PUNJAB: OPERATION BLUE STAR
ii. BIHAR
6. PREVENTION OF TERRORISM ACT, 2OO2
7. UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT
ACT, 2OO4
8. UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT
ACT, 2OO8
9. NATIONAL INVESTIGATION AGENCY ACT, 2OO8
10. NATIONAL SECURIry GUARD
CHAPTER III
DEFINITIONS AND KINDS OF TERROBISM...
1. Terrorism- National and International
2. Definition of International Terrorism
i. Schmid defined terrorism as:
ii. l-ambert counters the definition as:
3. UNITED NATIONS CONVENTIONS ON TERRORISM
A. Convention on the Prevention and Punishment of Crimes
Against Internationally Protected Persons Including
Diplomatic Agents, adopted by the GeneralAssembly
of the United Nations..
(otrtENts
B. International Convention against taking Hostages, adopted
by the General Assembly of the United Nations.
On 17th December L979
C. International Convention for the Suppression of Terrorist
Bombing, adopted by the General Assembly of the United
Nations. On 15th December L997
D. Draft International Convention for the Suppression of Acts
of Nuclear Terrorism, adopted by the General Assembty of
the United Nations. On Znd October L998
E. International Convention for the Suppression of the Financing
of terrorism, adopted by the General Assembly of the United
Nations on 9th December L999
F. Draft comprehensive Convention
4. NON.UNITED NATIONS CONVENTIONS ON TERRORISM
A. Convention on Offences and Certain Other Acts Committed
on Board Aircraft, signed at Tokyo on 14 September L963
B. Convention for the Suppression of Unlawful Seizure of
Aircraft, signed at The Hague on L6 December 1970
C. Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, signed at Montreal on
23 September L97L
D. Convention on the Physical Protection of Nuclear Material,
signed at Vienna on 3 March 1980
E. Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms Located on the Continental Shelf,
done at Rome on 10 March 1988
F. Convention on the Marking of Plastic Explosives for the
Purpose of Detection, signed at Montreal on 1 March L99l
5. REGIONAL CONVENTIONS ON TERRORISM
A. Arab Convention on the Suppression of Terrorism, signecl at
a meeting, Secretariat of the Leagu e of Arab States in Cairo
on 22 April 1998
Article 1
B. Convention of the Orgarrizatton ef-the Islamic Conference
on Combating International Terrorism, adopted at
Ouagadougou on lst July L999
xrv HUT'{AN RIGHTS AND AT{TI-TERRORIS}'{ LAWS IN INDIA
C. European Convention on the Suppression of Terrorism,
. concluded at Strasbourg on 27 January 1977
D. OAS Convention to Prevent and Punish Acts of Terrorism
Taking the Form of Crimes against Persons and Related
Extortion that are of International Significance, concluded
at Washingtoo, D.C. on 2 February L97 L
6. POSITION IN UNITED STATES
7. Definition of Terrorism given in Malimath Committee Report
i. Political
ii. Psychological
iii. Coercive
iv. Dynamic
v. Deliberate
vi. Media Exploitation
vii. Operations in Permissive Societies
viii. Illegality of Methods
ix. Preparation and Support
8. NEED FOR DEFINITION
(a) Legislation and punishment
(b) International cooperation
(c) States sponsoring terrorism
(d) Offensive action
(e) Attitudes toward the population supporting terrorism
(0 Public relations
9. DEFINITION UNDER INDIAN LEGISLqTIONS
A. Unlawful Activities (Prevention) Amendment Act, 2004
B. National Investigation Agency Act , 2,008
C. Unlawful Activities (Prevention) Amendment Act, 2008
10. KINDS OF TERRORISM
A. Terrorism International, National, and Regional
B. Terrorism: By the State and against the State
C. Terrorism: Secular and Religious
(oNtENts
D. Terrorism: by us and against us
E. Terrorism: Self -Financing and Financed by Others
F. Terrorism: Bio-Terrorism
G. Biological, Chemical and Nuclear Threats
H. Cyber Terrorism
10. THEORIES OF TERRORISM
A. Anarchist Theory
B. Fascist Theory
C. Religious Theory
D. Economics rational choice as a theory of terrorism
E. Globalization theory of terrorism
F. Sociological theory of terrorism
G. Psychological theoqt' of terrorism
CHAPTER IV
PREVENTION OF TERRORISM
THROUGH I.AW 1. INTERNATIONAL LEGAL REGIME OF TERRORISM
A. Security Council's Counter-teirorism Committee: B. Highlights of Draft Resolution on International Terrorism
C. Action on Text
D. Action on Committee's 2007 work programmes
2. Leagu e of Nations
3. United Nations Charter, L945
4. Universal Declaration of Human Rights, 1948
5. International Covenant on Civil and Political Rights, 1966
6. United Nations and Regional Conventions on Terrorism
A. Convention on Offences and Certain Other Acts Committed
on Board Aircraft, Tokyo. 1963
B. Convention for the Suppression of Unlawful Seizure of,
Aircraft (Hague Convention) L970
xvr HUMAN RIGHTS AND AT{TI.TERRORIST'{ LAWS IN INDIA
C. Convention for the Suppression of Unlawful Acts against
the Safety of Aviation (Montreal Convention) , L97l
D. Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons including Diplomatic
Agents (New York) , L973
E. International Convention Against the Taking of Hostages
Known As Hostages Convention. New York, 1979
F. International Convention on the Physical Protection of
Nuclear Material, known as (Nuclear Material Convention)
Vienna, 1980
G. Convention for the Suppression of unlawful Acts against the
Safety of Maritime Navigation, 1988
H. Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms Located on the Continental
Shelf, 1988
I. Protocol for the Suppression of unlawful Acts of Violence
at Airports Serving International Civil Aviation, 1988
J. Convention on the Making of Plastic Explosives for the
Purpose of Detection,, L99l
K. Convention to Ensure the Safety and Security of the United
Nations and Associated Personnel (L994)
L. International Convention for the Suppression of Terrorist
Bombing, 1997 ,
M. International Convention for the Suppression of Financing
of Terrorism,, 1999
N. The Chemicals Weapons Convention Act, 2002
O. International Law Commission, L954
P. The European Convention on the Combating of Terrorism
O Bonn Declaration concerning Air Piracy, L977
R. The SAARC Regional Convention Suppression of Terrorism
7 . No proper results of these laws
8. NATIONAL LEGAL REGIME RELqTING TO TERRORISM
A. The Constitution of India
B. Law Commission 173rd Report
CONTENT5
C. The Indian Penal Code, 1860
D. The Preventive Detention Act, 1950 - The Preventive
Detention Act IV 1950
E. The Armed Forces Special Powers Act, 1958
F. The Unlawful Activities (Prevention) Act, L967
G. The Maintenance of Internal Security Act , L97 L
H. The Criminal Procedure Code, L973
I. The Terrorist Affected Areas (Special Courts) Act, .1984
J. The Terrorist and Disruptive Activities (Prevention) Act, 1985
K. The Terrorist and Disruptive Activities (Prevention) Act , 1987
L. The Terrorist and Disruptive Activities (Prevention) Act , Lg87
(Amendment) Act, L993
N. The Prevention of Terrorism Act, 2OOz
a. Salient Features of POTA
O. Unlawful Activities (Prevention) Amendment Act, 2004
a. A brief outline of the amended Act
b. Death or imprisonment for life
P. Unlawful Activities (Prevention) Amendment Act, 2008
O The National Investigation Agency Act, 2008
9. Constitutional validity of the Anti- terror legislations
f 0. National Measures to curb Terrorism
(i) Ratification of International Conventions:
(ii) Extradition or Prosecution:
(iii) Conclusion bf Bilateral Treaties:
(iv) Mercenaries:
(v) Mutual Co-operation:
11. Terrorism and National Human Rights Commission
CHAPTER V
TERROBISM AND HUMAN RIGHTS
l - Amnesty International
xviii
2.
3.
4.
5.
HUI'IAN RIGHTS AND ANTI-TERRORISM IAWS IN INDIA
Secuflty Legislations
Human Rights Commission
Recent Amendments in Protection of Human Rights Act in 2006
NHRC GUIDEI-INES REGARDING ARREST
A. PRE-ARREST
B. ARREST
C. POST-ARREST
Impunity
Abuses by Opposition Groups
Human Rights Defenders
Death Penalty
States' Obligations under Human Rights Law
SPECIFIC RIGHTS
I. Right to Life
A. European Court of Human Rights
B. Inter-American System
C. Indian Position
[. Prohibition of 'lbrture or Cruel, Inhuman or Degrading
Treatment
A. United Nations
B. European Court of Human Rights
C. Inter-American System
D. Indian Position
m. Conditions of detention
A. United Nations
B. European Court of Human Rights
C. Inter-American Slstem
D. Indian Position
IV. Pre-trial and administrative detention
United Nations
i. Judicial control and prohibition of arbitrary detention
6.
7.
8.
9.
10
11
CONTENTS
A. European Court of Human Rights
B. Inter-American System
C. African Commission on Human and Peoples' Rights ...
' D. Indian Position
ii. Charges and right to be informed of the reasons for
arrest
A. UNITED NATIONS
B. European Court of Human Rights
C. Indian Position
iii. Prolonged pre-trial or administrative detention
A. UNITED NATIONS
B. Inter-American System
C. Indian Position
iv. Incomrnunicado Detention
A. UNITED NATIONSS
B. Inter-American System
C. Indian Position
V. Right to fair trial
1. Presumption of innocence and other rights
A. UNITED NATIONS ...'
B. European Court of Human Rights
C. Inter-American System
2. Military and other Special Courts
A. UNITED NATIONS
B. European Court of Human Rights
C. Inter-American System
D. African Commission on Human and Peoples' Rights...
E. Indian Position
3. Right to appeal
A. UNITED NATIONS
B. Inter-American System
xx HOI.{AN RIGHTS AND ANTI-TERRORIST'{ IAWS IN INDIA
C. Indian Position
i. Public Interest Litigation
ii. Provision of Legal Aid
iii. Amicus Curiae
iv. High Courts
v. Advocate General
vi. Lok Adalats
Principle of legality (nullum crimen, nulla poena sine lege)
A. UNITED NATIONS
B. European Court of Human Rights
C. Inter-American System
D. Indian Position
Access to counsel
A. UNITED NATIONS
B. European Court of Human Rights
C. Inter-American System
D. Indian Position
Freedom of thought, conscience and belief
A. UNITED NATION
B. Indian Position
Right to political participation and f,reedom of expression,
opinion and assembly
Freedom of movement
A. UNITED NATIONS
Freedom from Discriminations
A. UNITED NATIONS
B. Inter-American System
Treatment of non- Nationals (including asylum, expulsion
and non-refoulement)
A. UNITED NATIONS
B. European Court of Human Rights
C. Inter-American System
VI.
ul.
vm.
x.
x.
XI.
xu
CONTENTS
D. African Commission on Human and Peoples' Rights
E. Indian Position
CHAPTER VI
MEASURES FOR REFORITIS AND
REHABILITATIONS
1. TERRORISM AND EXTREMISM
2. REFORMS IN THE CRIMINAL JUSTICE SYSTEM
3., OVERVIEW OF INTERNAL SECURITY SITUATION
4. STRATEGIES TO COUNTER TERRORISM IN THE STATE OF
JAMMU AND KASHMIR
a. To tackle violence
b. To tackle cross-border terrorism
5. STRATEGIES TO COUNTER TERRORISM IN THE NORTH
EAST
6. REHABILITATION
7. REHABILITATION FOR VICTIMS OF MILITANCY
a. Widow and Girl Students
b. Orphans
c. Handicapped Persons
8. RELIEF MEASURES FOR VICTIMS OF MILITANCY
(a) Ex-gratia relief/compensation to the victims of militancy/
cross-border firing:
2006
2005
2004
(b) Relief to Kashmiri migrants and their rehabilitation
(c) Measures taken for return of Kashmiri migrants to the Valley
(d) Confidence Building Measures (CBMs) for return of Kashmiri
migrants
9. OBSERVANCE OF HUMAN RIGHTS BY SECURJry FORCES
a. Modernisation of State Police Forces (SPFs)
b. Surrender and Rehabilitation Policy (SRP)
xxI HOMAN RIG}TTS AilD ANTI-TERRORISH LAWS IN INDIA
10. RELIEF AND REHABILITATION FOR FAMILIES OF VICTIMS
OF MILITANCY IN NORTH EAST
A. SURRENDER AND REHABILITATION POLICY
11. RIGHTS OF TERROR VICTIMS UNDER THE INDIAN
CRIMINAL JUSTICE SYSTEM
T2. MONITORING MECHANISMS
CHAPTER VII
CONCLUSION AND SUGGESSIONS
SELECTED BIBLIOGRAPHY
PRIMARY SOURCES
Statutes
Reports
International and Regional Conventions and Documents
SECONDARY SOURCES
Books
Articles
Websites
APPENDTX I-ARMED FORCES (SPECTAL POWERS) ACT, 1958
APPENDIX II-THE UNTAWFUL ACNVITIES (PREVENTION)
ACT, 1967
APPENDIX III-THE TERRORIST AFFECTED AREAS
(SPECTAL COURTS) ACT, L984
APPENDIX IV-THE TERRORIST AND DISRUPTIVE ACTIVITIES
(PREVENTTON) ACT, L987
APPENDIX V-THE PREVENTION OF TERRORISM ACT, 2OO2
APPENDX VI-THE UNIAWFUL ACTIVITIES (PREVENTION)
AMENDMENT ACT, 2OO4
APPENDIX VII-THE NANONAL INVESTIGATION AGENCY
ACT, 2OO8
APPENDIX UII-THE UNIAWFUL ACTIVITIES (PREVENTION)
AMENDMENT ACT, 2OO8