LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Terrorism

Megha Agrawal
Last updated: 22 December 2014
     Share   Bookmark


I am a Hindu, I am a Muslim, I am a Sikh, I am a Christian… in today’s society everyone says that. But no one says that I am an Indian. Where is that Indian gone? He must be burnt down in the S-6th compartment of Sabarmati express or in 26/11 blast or been gun down by some of his best friend. The dove which was regarded as symbol of peace has taken bath in the river of evils. And friends I must say that this is the root cause of Terrorism- Communism. But the main drawback is that we are deprived of are human rights. Isn’t it?

What is the philosophy behind terrorism? It can be best described in two words: "destructive violence". Here terror is central to the terrorist strategy which leads to destructive violence. By destructive violence, I mean violence that is not merely designed to accomplish political ends, but also with the human rights.

Terrorism poses a threat to the social and political values that are directly or indirectly related to the full enjoyment of human rights and fundamental freedom. All acts of terrorism seriously impair or impede the enjoyment of human rights, including a range of socio economic right, such as the right to health, food and housing. Women and children have particularly been vulnerable to acts of terrorism. Women and girls have been raped and sexually enslaved, while children have been abducted from their home and families by these groups. It is important to recognize that acts of terrorism have resulted in serious violation of human rights.

Human rights and terrorism are poles apart. By no stretch of imagination, terrorists can claim "human rights", for they snatch away "human rights" of their victims, nationally and internationally. Surely, human rights have emerged as an issue of global concern. Terrorism, on the other hand, has become the worst feature of contemporary life.

Terrorism is the greatest threat to civilized society. Terrorists are enemy No. 1 of "law and order". They fanatically believe in disorder, anarchy, and things like that, pinning their faith in the "law of jungle". They trample under their feet all that are fine in human society, human civilization, human culture, human values and human existence. They are the very anti-thesis of an orderly society based on the "rule of law."

Today, both the world at large and

India in particular, face daunting challenges in the task of protecting human rights of common people regardless of the country they belong to. No country in world can be said to be free from the deadly scourge of terrorism. With the grim specter of terrorism continuing to target innocent and defenseless people, the task has been ever challenging for the institutions around the world. A peaceful society rest on the pillars of justice and individual accountability. In all such tragic situations, it has been mostly the common people, men, women and children whose rights have been violated. This is the greatest challenge, which all of us are faced with. The innocent people all over the world, irrespective of their color, religion and creed, have suffered the most. Of late, terrorism has emerged as one of the most dangerous threats to human rights everywhere in the world. The hijacking of airplanes, of men, women and children, for a ransom or for something else is to be deplored.

General Effects of Terrorism To Human Rights

 

Human Rights 

Situations Of Violation

Likely Allegations On Personnel

1. All human beings are born equal and free in dignity and rights. No one shall be subject to arbitrary arrest, detention. Forces cannot arrest unless ordered by the magistrate acting under Armed Forces Special Power act.

During aid to civil authorities while combating insurgents, culprit may have to be apprehended:

(a) During cordon and search operations for suspected terrorist.

(b) While dealing with mob indulging in looting arson etc.

(c) Persons threatening peace in an area or inciting the public against Armed Forces.

(a) Illegal Arrest

(b) Arrest of innocent persons.

2. No one shall be subject to prolonged and unlawful detention. The apprehended person should be handed over to the police and shall not be confined for the purpose of interrogation.

The Police and Armed forces may be tempted to keep a person in confinement in following situations:

(a) For interrogation

(b) To prevent a dangerous insurgent from escaping.

(c) Detention of person for identification.

(a) Wrongful confinement 

(b) Illegal treatment

(c) High handedness

(d) Rape, Molestation, etc.

3. Everyone has the right to life, liberty and security of persons.

Armed Forces may inadvertently cause death/injury to other persons in following situations:

(a) During crossfire between Armed Forces and insurgents in a crowded area.

(b) In self defence

(c) Due to any accidental firing

(d) On being ordered to fire at mob for maintaining law and order.

(e) On check post

(f) During cordon and search operations.

(a) Murder

(b) Causing death/injury due to negligence.

(c) Death in custody

(d) Torture

(e) Inhuman and degrading behaviour

4. Everyone has right to well being to himself and his family. On humanitarian grounds medical help and care has to be provided to sick and wounded of even an enemy as laid down in the Geneva Convention.

Medical assistance is likely to be denied by the Armed forces under:

(a) Due to shortage of medicines and doctors.

(b) Priority of looking after one’s owns sick and wounded rather than others.

(a) Inhuman behaviour

(b) Cruelty to fellow human beings

(c) Death due to carelessness and negligence of Armed forces.

5. Everyone has the right to freedom of movement and residence within the borders of each state.

Movement restrictions curfew may be imposed without proper authority due to:

(a) To check movement of terrorist/insurgents during aid to civil authorities.

(a) interference with right to work and earn living

(b) Harassment

 

 

 

 

Effects Of Terrorism On Human Rights in India

India has had its share of terrorist attacks and is learning to live with it. Today, not only Mumbai and Delhi are high on list of terrorist but hi-tech hubs like Bangalore and Hyderabad have already begun to beep on the terrorist radar. If Mumbai was shaken by the serial blasts in the local trains and then the 26/11 attack which left hundreds dead and injured and Delhi was in shock at the bombing that took place in crowded shopping area, the attacks in India’s emerging high tech hubs like Bangalore and Hyderabad in previous years came as an eye opener.

Today what is new is the act that the terrorist has become more sophisticated and knows how to attack in places where it would hurt the most. Take for instance, the Mumbai blast orchestrating the seven blasts in a public transportation system is not the job of the amateur. The terrorist knows that India is globally emerging as an economic superpower in IT, BPO and even conventional businesses. Over the last couple of year, intelligence agencies have continually sent warning signals of militant groups planning attacks in Bangalore and the city going on high alert. Bangalore, where all the global giants like Intel, IBM, Motorola, HP have development offices, has more than 1,500 It and BPO firms. Several Indian defense, space and scientific research institutions are also based in Bangalore.

 

From our recent experience, we have learnt that terrorist attacks against innocent and unsuspecting civilians threaten the preservation of the rule of law as well as human rights; and terrorism can broadly be identified with the use of violent methods in place of the ordinary tools of civic engagement and political participation. It has become an increasingly recurrent strategy for insurgent movements as well as identity-based groups to make their voice heard through armed attacks and bomb blasts in place of public dialogue. Independent India is no stranger to the problem of tackling armed terrorists and has faced long-running insurgencies as well as sporadic attacks in many parts of the country.

 

Now lets look at the problem in a detailed manner.

 

KASHMIR INSURGENCY

Violence in Kashmir has existed in various forms, mainly in Jammu and Kashmir, the Indian side of the disputed territory.Kashmir has been the target of a campaign of militancy by all sides in the conflict. Thousands of lives have been lost since 1989 due to the intensified insurgency. Casualties include civilians, Indian security forces, and Kashmiri and non-Kashmiri militants. The Inter-Services Intelligence of Pakistan has been accused by India of supporting and training mujahideen to fight in Afghanistan and Kashmir.

Though there had been instances of sporadic conflict in many regions for many years, intensified attacks occurred in the late 1980s, when Mujahideen fighters from Afghanistan slowly infiltrated the region, with Pakistan's help, following the end of the Soviet-Afghan War in 1989. Since then, violence has increased significantly in strength. Many separatists have carried out attacks on local Hindus, Indian civilians and Indian army installations in response to what they see as Indian army occupation.

India frequently asserts that most of the separatist militant groups are based in Pakistan and Pakistan-administeredKashmir (also known as Azad Kashmir). Some like the All Parties Hurriyat Conference and the Jammu and KashmirLiberation Front, openly demand an independent Kashmir. Other militant groups such as Lashkar-e-Toiba and Jaish-e-Mohammed favour a Pakistani-Kashmir. These groups have contacts with Taliban and Bin Laden. Both the organisations no longer operate under these names after they were banned by the Indian and Pakistani government, and by other countries including the US and UK. Of the larger militant groups, the Hizbul Mujahideen, a militant organisation based in Indian administered Kashmir, unlike other groups, has only kept its name. Despite casualties, the militants are still believed to number thousands rather than hundreds. Several new separatist organisations have also emerged. According to US Intelligence, Al-Qaeda also has a main base in Pakistani Kashmir and is helping to foment terrorism in Jammu and Kashmir.       

It is hard to determine the total number of casualties. According to a report by the Government of India in the year 2000, 31,000 Indian civilians had lost their lives due to the insurgency. Human rights groups and local NGOs put the total figure at more than 84,000 (2005 figure). Militancy had reached its peak in 1994 when the region saw more than 6,043 incidents and has since declined. However, Kashmir continues to remain as the most volatile region in the world with an average of 2,500 incidents every year. According to an Indian estimate in 2005 there were about 2,000 militants in theKashmir valley alone; 1,200 of them belong to the Hizbul Mujahideen. Not all Kashmiri separatists and militant organizations share the same ideology. Some fight in the name of religion, some are openly pro-Pakistan and some favour an independent Kashmir.

Due to the presence of these numerous anti-India insurgent groups India has been compelled to deploy massive number of troops in the Indian administered Jammu and Kashmir for the task of counter insurgency. New Delhi has never made an official count, but military analysts estimate that anywhere from 30,000 to nearly 33,000 security personnel are most likely involved, supported by thousands of Indian paramilitary groups such as the Rashtriya rifles, and the Romeo Force (all a part of Indian army).

Some reports estimate that India deploys approximately 400,000 combined army and paramilitary forces in Kashmir, most of which are stationed in the interior, 80,000 of which are deployed along the LoC. Pakistani forces deployed along the LoC are reported to number in the 40,000-50,000 range    

Violent activities in the region declined in 2004. There are two main reasons for this: warming of relations between New Delhi and Pakistan which consequently lead to a ceasefire between the two countries in 2003 and the fencing of the LOC being carried out by the Indian Army. Moreover, coming under intense international pressure, Islamabad was compelled to take actions against the militants' training camps on its territory. In 2004, the two countries also agreed upon decreasing the number of troops present in the region.

Under pressure, Kashmiri militant organisations have made an offer for talks and negotiations with New Delhi, which was accepted by IndiaIndia's Border Security Force blamed the Pakistani military for providing cover-fire for the militants whenever they infiltrated into Indian territory from Pakistan. However, ever since the ceasefire has come into action, the militants have received no back-up from Pakistani Military, which has contributed significantly to the decline in cross-border terrorism in the state. Even the recently elected Pakistani President, Asif Ali Zardari admitted that the militants operating in Kashmir were indeed terrorists.

KHALISTANI SIKHS         

To say the Indians are unaware of the gravity of the issue would be untrue. They have paid a heavy price already at the hands of various existing sub nationalists and continue to do so. In 1984, Indira Gandhi, daughter of Pandit Jawaharlal Nehru and the then Prime Minister was assassinated by Sikh separatists. Such an event shouldn’t have surprised the world, particularly after how Mrs.Gandhi dealt with the Sikh demand of Khalistan- a separate country for India’s Sikhs carved out of the (Indian) Punjab province. In September of 1981 a group of Sikh separatists had taken refuge in the Golden Shrine, one of the most revered shrines of Sikhism. Knowing that the civilian presence in the temple was in great numbers, Gandhi ordered her army to storm into the temple with full force to flush out the militants. There is much uncertainty over the exact number of causalities. Some estimates put it at 3000. Much to the despair of the Indian establishment, the Khalistan movement did not die with Gandhi.

Though the threat of an independent Sikh state is not as great as it was in the 80’s, the concept is well alive amongst the Sikh community of India. According to news reports the exiled leader of the International Sikh Youth Federation (ISYF), Dabinderjit Singh has been making attempts to approach Canadian politicians and radical Sikh leaders in the hope of reviving the Khalistan movement. Earlier this year Jet Airways Flight 225, that flies from India to Canada, was delayed for several hours because of a bomb scare. This brought back to life grim memories of the 1985 bombing of Air India Kaniskha, in which all 329 passengers, 280 of whom were Canadian nationals, were killed. In the court rulings that followed the incident, the worst in the history of terrorist attacks on aircrafts prior to the September 11, Inderjit Singh Reyat was convicted of manslaughter. Investigations hinted that the attack had been masterminded by at least two Sikh terrorist groups, to avenge the golden temple massacre. Even though the latest incident was no more than a hoax, the Indian establishment was not amused. India is overwhelmed by the number of secessionist movements, threatening to breakaway from the country. An addition to these will surely have Indians panicking, signs of which are evident already. 

THE NAXALITES 


The Naxal movement of India was inspired by the revolutionary ideology of Mao Zedong. The movement feeds on a similar philosophy to that of Nepal’s. It first originated in the 1960’s in a remote area of West Bengal, Nexalbari. Today it has under its influence eastern Maharashtra, Madhya Pradesh, eastern Uttar Pradesh, Chhattisgarh, Jharkhand, West Bengal and Bihar, popularly known as the Red Corridor. Naxalites (also known as Maoists and Marxist-Leninist revolutionaries) pose a serious ideological threat to the state of India. They have been involved in ruthless train hijacking, jailbreaks and murder of local politicians. They have refused to accept anything other than independence, a Naxalite leader has been found saying on record Talks are a part of our tactical line. Naxalism is not a problem, it is a solution.' With a strong army of 15,000 soldiers, the Naxalites control one fifth of India’s total forests. They have grown into 160 off 604 administrative districts of India.

The CPI-Maoist is the largest group of a wider communist insurgent movement, known as Naxalites after the village ofNaxalbari in West Bengal, the site of a revolutionary rural uprising in 1967. The CPI-Maoist has a presence in 185 districts in 17 out of India's 28 states, exerting varying degrees of influence in these areas. Chhattisgarh is currently the state worst affected by the insurgency, particularly its southern Bastar region, which was referred to as a "war zone" in July 2007 by state police chief Vishwaranjan. Other states affected by Maoist violence are Bihar, Jharkhand, Orissa, West Bengal and Maharashtra. Andhra Pradesh - where the insurgents are currently on the retreat - has been affected for the longest period of time - since 1964, when radical elements of the political Communist Party of India (Marxist) waged a rebellion called the Srikakulam armed struggle." In short, they're communists. It should be noted that communists come in a variety of flavors, and Maoism is one of them. There are even variations with the global Maoist movement, and the Indian Maoists are particular nasty. 

NORTH-EAST REBELS (Seven Sisters)   

The region is marked by multiplicity of tribes, ethnicities, cultures and religion. it is home to around 400 tribes or sub tribes. The whole of northeast India is marred by conflicts, including infighting amongst various villages, tribes and other warring factions, all for secession for their many districts, villages and tribes. Violence is also pitted against migrants ofBangladeshMyanmar and Nepal. Nagaland is the oldest of insurgencies of India and is believed to have inspired almost all the ethnic groups in the region. More than 20,000 have been killed before a ceasefire was announced in 1997. They demand a separate homeland comprising of mainly Christian dominated areas of Nagaland along with certain areas inManipurAssam and Arunachal Pradesh. The region is endowed with oil reserves worth billions. A state owned company – Oil and Natural Gas Corporation (ONGC) was forced out of the area until 2006, when it was allowed back in. The government has been trying to ease tension in the region by striking deals with the rebel groups but no real breakthrough has been made to ensure a long term peace in the area. Manipur has been fighting for an independent country since 1974. The Indian army took control of the state in 1980. Lack of education and job opportunities has forced many to join separatists groups. Army has been carrying out operations to tackle the insurgency problem but that has only added to the sufferings of the locals. Some 6000 people have been displaced because of the operations and rebel fighting. 

Tripura, has been a refuge for many Bengalis after the war of 1971, when Bangladesh got its independence. The influx of refugees and the building of a fence by the government along the border of Bangladesh have prompted attacks by the two major rebel groups, the National Liberation Front of Tripura (NLFT) and the All Tripura Tiger Force (ATTF). With thousands homeless and harsh living conditions, life is miserable for the local population.

In September 2, 2006 another national English daily published from Mumbai reports elaborately about few dozen ‘Hindu Mujahideen’ working with Hizbul Mujahideen of Kashmir for years in Jammu and Kashmir. The newspaper published statistical information with real Hindu names, age and year of attachment with HM along with their native locations inJammu region. Similarly in some other non-Muslim outfits such as ULFA in Assam, Muslim members are not barred from joining their resistance.

 

On February 24, 2008, bomb blasts occurred in the RSS office and the Bus Stand in Tenkasi, Tamil Nadu, one of India’s southern states. The media carried big stories about the blasts. The Sangh Parivar organised demonstrations in various parts of the state, demanding the arrest of Muslim ‘terrorists’, who according to them had committed the crime. However the Tamil Nadu police acted sensibly. A special team led by Mr. Kannappan, DIG, Tirunelveli range made a thorough investigation and arrested three persons S Ravi Pandian (42), a cable TV operator, S Kumar (28), an auto driver, both from Tenkasi, and V Narayana Sharma (26) of Sencottai, all Sangh Parivar activists. The last accused had assembled 14 pipe bombs in the office of Ravi Pandian, as revealed by press reports.            

A Mumbai based Urdu daily Urdu Times (April 18, 2008) reported Malegaon police raid in a patho-laboratory which is situated in the basement of a private hospital and recovered revolver, RDX and fake currency note of one thousand rupees. The Police arrested three terrorists, Nitish Ashire (20) Sahab Rao Sukhdev Dhevre (22) and Jitendar Kherna (25). The last one is the owner of Smith Pathology Laboratory which is situated at the basement of More Accident Hospital of Camp Area. One pistol, 5 live RDX bombs, 3 used RDX cases, four fake notes of one thousand rupee, laptop, scanner, 5 thousand cash rupees and 2 mobiles were recovered during the raid, detailed the newspaper report.

After the Jaipur serial blasts on May 13, the police were reportedly on the hunt for a woman who allegedly promised Rs.100,000 to a rickshaw puller to carry out the terror attacks. “We are looking for a woman, identified as Meena, who tried to lure a rickshaw puller, Vijay, to carry out the attacks,” a police officer said on the condition of anonymity, according to a report in the press.            

Vijay, allegedly a resident of Mumbai, said before Ajtak TV channel camera, “Stop the lady (Meena) or she would explode bombs at Katwali”. By that time a bomb was already exploded at Katwali area. Vijay was detained just hours after the Jaipur blasts. He also told the police that Meena lives near one of the blast sites.    

What happened to Meena and Vijay, and what the police later got from Vijay is still unreported – the Jaipur case is still unsolved. 

The Maharashtra Police on June 16 arrested two people from Navi Mumbai in connection with a series of bomb blasts in the area in which seven people were injured. The Anti-Terrorist Squad (ATS) reportedly swooped down on the Sanatan Ashram and nabbed two men, identified as Hanumant Gadkari (50) and Mahesh D. Nikam (35).      

Mumbai ATS chief Hemant Karkare said the duo belonged to the Hindu Jan Jagriti Manch (HJJM) and between February and June were responsible for three bomb blasts in the Navi Mumbai area.

 

Two bombs exploded outside a theatre on the eve of T20 Indian Premiere League finals on June 4. Two others were exploded in Navi Mumbai on May 31 and in Panvel on February 20. The ATS also seized a motorcycle registered in Ashram’s name and the vehicle’s logbook entries enabled the investigators to zero in on the prime accused. The motorcycle had been extensively used in January-February for reconnaissance trips in Navi Mumbai and other areas for identifying sites to set off the explosions.

The HJJM, led by Jayant Athavale, had also protested in 2002 against celebrated artist M.F. Husain’s paintings of Hindu deities.

In July 2008 Mumbai High Court freed the accused in Nanded blast for insufficient evidence where two Bajrang Dal activists were killed in April 2006 while preparing bombs. Later, one of the survivors of the Nanded episode during narco-analysis asserted, “We Hindus should also do the acts of terror.” The same statement was publicly reconfirmed by Shiv Sena supremo Bal Thackeray and his shivsainiks through his mouth-piece Samna and posters in Mumbai appeared in June after the arrest of Hindu Jan Jagriti Manch activists for Navi Mumbai blasts.    

In late July 2008, Bangalore, Ahmedabad and Surat were struck with exploded and unexploded serial bombs. The police investigating the case, which killed at least 42 and injured more than 200 people, traced an email claiming responsibility to a Mumbai apartment. But at the address, rather than seizing terrorists from the ‘Islamist’ group which said it carried out the attack, they found an American – 48-year-old Kenneth Haywood – a Christian missionary in Mumbai high profile society. The IP address for the email claiming responsibility for an obscure group called the ‘Indian Mujahideen’ was traced by police to Haywood’s laptop. “He has never been detained, but we have called on him and questioned him as part of the investigation,” said Parambir Singh, a senior officer in the anti-terrorism squad. Now Haywood has already flown from India even after a ‘No-go’ warning from Mumbai’s ATS!            

If the same laptop had been in possession of a Muslim, would the ATS officers demonstrate the same caution, a genuine question every conscious person should ask? 

The hunt for those behind the blasts in Ahmedabad and Surat should be centred on Mumbai. Since some of Mumbai’s politicians have given a green signal to terrorism a month ago in June this year. And more so the police also believe the plot was hatched in the suburb of Navi Mumbai, from where four cars used in the attack were stolen.

Terrorism is a political virus. Greed for power, injustice and intolerance breed terrorism. No one in the world is immune from the direct or indirect effect of terrorism now. Terrorists have a common goal – attack and create fear – in whichever way that easily leads to their nefarious ends. Their religion is terrorism and nothing else. This one formula can at least lead Indians to a solid counter terrorism measure.

Mrs. Megha Gupta


"Loved reading this piece by Megha Agrawal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Others, Other Articles by - Megha Agrawal 



Comments


update