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Rise Of Terrorism On The Basis Of Religious, Cultural And Ethnic Divisions And The Legislative Steps Taken By The Indian Government To Combat Terrorism

Terrorism:

Definition:
  • Terrorism:
    Terrorism is the use of intentional violence and fear to achieve political, social or ideological aims. It is the systematic use or threatened use of violence to intimidate a population or government for political, religious or ideological goals.

    It can also be termed as the instrumental use of violence by an individual or a certain group of individuals, who identify themselves as members of a group, whether transitory or permanent, against another group or set of individuals, in order to achieve political, economical or social objectives:
    1. United States:
      Sec 113B of Title 18 (Crimes and Criminal Procedure) of the United States Code defines "International Terrorism" as follows:
      "Activities that involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any state, which appears to be intended to intimidate or coerce civilian population, influence the policy of a government by intimidation or coercion or to affect the conduct of a government by mass destruction, assassination or kidnapping."
       
    2. United Kingdom
      Sec 1 of Terrorism Act 2000 defines "Terrorism" as follows:
      "The use or threat of action designed to influence the government or to intimidate the public or a section of the public for the purpose of advancing a political, religious or ideological cause."
       
  • Terrorist:
    The term Terrorist means a person who uses unlawful violence, threat and intimidation, either against civilians or government, in the pursuit of political, social, religious or ideological aims.

    Sec 40 of the Terrorism Act 2000 defines "Terrorist" as follows:
    "A person who is or has been concerned in the commission, preparation or instigation of acts of Terrorism."

    "Ones's Terrorist is another's Freedom Fighter." However, Terrorists rarely identify themselves as Terrorists and are often regarded as Separatist, Freedom Fighter, Liberator, Revolutionary, Vigilante, Rebel, Patriot, Jihadi, Mujahideen, etc.
     
  • Terrorist Act:
    Sec 15 of the Unlawful Activities (Prevention) Act, 1967 defines the term "Terrorist Act" as follows:
    "Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country:

    1. (a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause:
      1. death of, or injuries to, any person or persons; loss of, or damage to, or destruction of, property;
      2. disruption of any supplies or services essential to the life of the community in India or in any foreign country;
      3. damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material;
      4. damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies;
    2. overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or
    3.  detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or inter-governmental organisation or any other person to do or abstain from doing any act;
    commits a terrorist act."

History:
The terms "Terrorist" and "Terrorism" originated during the French Revolution (late 18th century) but gained worldwide attention and recognition in the 1970's during the Northern Ireland Conflict, Basque Conflict (also known as Spain-Eta Conflict) and the Israeli-Palestinian Conflict.

The first organization to use modern terrorist techniques was the Irish Republican Brotherhood founded in 1858 as a revolutionary Irish nationalist group that carried out attacks in England. The group initiated the Fenian dynamite campaign in 1881. The campaign was associated with Fenianism, which aimed to establish an independent Irish Republic such as the Irish Republican Brotherhood, the Fenian Brotherhood and the United Irishmen of America. Instead of earlier forms of terrorism based on political assassination, this campaign used timed explosives with the express aim of sowing fear in the very heart of the Great Britain, in order to achieve political gains.

Indian Perspective
As compared to other countries, India faces a wide range of Terror groups and Terrorist Activities being surrounded by Pakistan and Afghanistan in the Northwest, China in the North and Bangladesh in the East. The most common Terrorism found in India includes Islamic Terrorism, Left and Right - Wing Terrorism, Separatist Movement, Narco-Terrorism, Naxalism, etc.

In 2022, India ranked 13th on the Global Terrorism Index. India continues to face a number of terror attacks from Islamic groups in Kashmir, Sikh separatists in Punjab and secessionist groups in Assam. The regions with long term terrorist activities have been Jammu and Kashmir, Eastern - Central states including Chhattisgarh, Jharkhand, Bihar, West Bengal, Odisha, Mizoram, Nagaland, etc.

An act of terror in India includes any intentional act of violence that causes death, injury or property damage, induces fear, and is targeted against any group of people identified by their political, philosophical, ideological, racial, ethnic, religious, or any other nature. This description is similar to the one provided by the United Nations in the Terrorism Act of 2000.
India has majorly divided Terrorism into the following categories:
  1. Ethno-nationalist Terrorism: This form of terrorism focuses either:
    1. on creating a separate State within India or independent of India or in a neighbouring country, or
    2. on emphasising the views/response of one ethnic group against another.
    Violent Tamil Nationalist groups from India to address the condition of Tamils in Sri Lanka, as well as insurgent tribal groups in North East India are examples of Ethno-Nationalist terrorist activities.
     
  2. Religious Terrorism:
    This form of terrorism focuses on religious imperatives, a presumed duty for a specific religious group, against one or more religious groups. Mumbai Attack of 26/11 in 2008 from members of Lashkar-e-Taiba, a militant Islamist Organization in Pakistan, is an example of religious terrorism in India.
     
  3. Left-Wing Terrorism:
    This form of terrorism focuses on economic ideology, where all the existing socio-political structures are seen to be economically exploitative in character and a revolutionary change through violent means is essential. The ideology of Marx, Engel, Mao, Lenin and others are considered as the only valid economic path. Maoist violence in Jharkhand, Chhattisgarh, West Bengal are examples of left-wing terrorism in India.
     
  4. Narco Terrorism:
    This form of terrorism focuses on creating illegal narcotics traffic zones. Drug violence in northeast and northwest India is an example of narco-terrorism in India. India is placed between two largest areas of illicit Drug production i.e. the Golden Crescent and the Golden Triangle. The Golden Crescent comprises of Iran, Afghanistan and Pakistan whereas The Golden Triangle comprises of Myanmar, Thailand and Laos which are the two largest opium production regions in the world.
     
  5. Cyber Terrorism:
    This new form of Terrorism focuses on the use of Internet, Computer and Technology to conduct violent acts that results in threats, loss of life, bodily injury, intimidation, etc to achieve political, religious or ideological aims. Cyber Terrorism includes tools such as Computer Viruses, Computer Worms, Cyber Fraud, Cyber Theft, Cyber Pornography, Spamming, Phishing, Hacking, Malicious Software, Data Theft, etc. In 1998, Ethnic Tamil Guerrillas attempted to disrupt Sri Lankan embassies by sending large volumes of e-mail. The embassies received 800 e-mails a day over a two-week period. The messages read "We are the Internet Black Tigers and we're doing this to disrupt your communications." Intelligence authorities characterized it as the first known attack by terrorists against a country's computer systems.


Causes of Terrorism:

  • Religious, Cultural and Ethnic Divisions: Religion is one of the most important factors which has led a rise in Terrorism in recent years. The difference between values, beliefs and a need of supremacy are key factors which leads to rise in terrorism. The cultural practices of a community can also be a cause of terrorism. Ethnicity forms an integral part of culture of a community and it is often seen that killings of human being in the name of ethnic cleansing has been done viz. The Ethnic cleaning of Jews and The Israel-Palestine Conflict. Furthermore, Group Fanaticism, readily available arms and weapons, continuous cycle of violence between rival groups whether on the basis of geography, social class, religions, caste, ethnic, hate crime, inter religious conflicts, discrimination, destruction of religious sites, feelings and sentiments, forced conversions, etc are major key factors which constitutes in the rise of Terrorism.
     
  • Examples:
    1. Anti Sikh Riots 1984: The Anti-Sikh Riots also known as the 1984 Sikh Massacre was a series of violent acts committed against Sikhs in India following the assassination of Indira Gandhi by her Sikh bodyguard. The assassination of Indira Gandhi itself had taken place after she had ordered Operation Blue Star, a military action to secure the Harmandir Sahib Sikh temple complex in Amritsar, Punjab, in June 1984.

      The operation had resulted in a deadly battle with armed Sikh groups who were demanding greater rights and autonomy for Punjab and the deaths of many pilgrims. Sikhs worldwide had criticized the army action and many saw it as an assault on their religion and identity.
       
    2. Demolition of Babri Masjid 1992: The demolition of Babri Masjid was carried out on 6th December 1992 by a large group of activists of the Vishva Hindu Parishad (VHP), Bharatiya Janta Party (BJP), Rashtriya Swayamsevak Sangh (RSS) and Bajrang Dal. In Hinduism, the city of Ayodhya is known as the birthplace of Lord Rama. In the 16th century a Mughal Commander Mir Baqi had built a mosque and named it as Babri Masjid after the Mughal Emperor Babur. Popular belief is that Baqi demolished a temple of Lord Ram to build the mosque. On 6 December 1992, the RSS and its affiliates organized a rally involving 1,50,000 supporters and included speeches by BJP leaders such as Lal Krishna Advani, Uma Bharti.

      The crowd grew restless and began slogans and started demolished the said building with axes and hammers. This led to several months of inter communal riots between Hindus and Muslims and the riots spread to various cities like Mumbai, Surat, Ahmedabad, Delhi, etc. In the Mumbai Riots, Shiv Sena played a big role in organizing and causing deaths of Muslims. The demolition of Babri Masjid and ensuing riots was a major factor behind The 1993 Mumbai Bombings.
       
    3. Gujarat Riots 2002 / Godhra Train Burning: The Gujarat Riots was caused by the burning of Sabarmati Express near Godhra Railway Station which was set ablaze by Muslim Mob which was carrying various Hindu karsevaks who were returning from Ayodhya. The Act was done in retaliation to the Babri Masjid Demolition. The Gujarat Riot 2002 between Hindus and Muslims occurred as a result of this act. The Nanavati-Mehta Commission appointed by the state government concluded in 2008 that the burning was a preplanned arson committed by a thousand Muslim mob.

Types of Terrorism:

  1. Religious and Ideological Terrorism:
    This form of terrorism focuses on religious imperatives i.e. a presumed duty for a specific religious group against one or more religious groups. Religion is one of the most important factors which has led a rise in Terrorism in recent years. The difference between values, beliefs, a need of supremacy, Group Fanaticism, readily available arms and weapons, continuous cycle of violence between rival groups whether on the basis of geography, social class, religions, caste, ethnic, hate crime, inter religious conflicts, discrimination, destruction of religious sites, feelings and sentiments, forced conversions, etc are major key factors which constitutes in the rise of Terrorism.

    Religious Terrorism, in the context of India, can further be subdivided into the following:
    1. Islamic Terrorism: also known as Radical Islamic Terrorism, refers to terrorist acts with religious motivations carried out by fundamentalist militant Islamists and Islamic extremists. The major aim of this form of terrorism i.e. Islamic Fundamentalism, is to revive and reform the movement of Muslims with an aim to return to the founding scriptures of Islam. Some of the beliefs attributed to Islamic fundamentalists are that the primary sources of Islam i.e. the Quran, Hadith, and Sunnah, should be interpreted in a literal and originalist way and that corrupting Non-Islamic influences should be eliminated from every part of a Muslims' life and the societies, economies, and governance of Muslim-majority countries should be returned to the fundamentals of Islam and become Islamic states. Since 1990's, these terrorist incidents have occurred on a global scale in countries such as United States, India, Russia, Australia, Canada, France, Belgium, Finland, Germany, Italy, Spain, Israel, Iraq, Lebanon, etc and such attacks have targeted both Muslim and Non-Muslims. The justification given for attacks on civilians by Islamic Extremist Groups comes from their interpretations of the Quran, Hadith and the Sharia Law. These also includes retribution by armed Jihad for the perceived injustices of unbelievers (Kafirs) against Muslims. Lashkar-e-Taiba, Jaish-e-Mohammed, Al Badr and Hizbul Mujahideen are militant groups seeking accession of Kashmir to Pakistan from India. The Lashkar leadership describes Indian and Israel regimes as the main enemies of Islam and Pakistan.

      Examples:
      1. Attack of 9/11 carried out by Al-Qaeda
      2. Mumbai Attack of 26/11 carried out by Lashkar-e-Taiba
      3. Uri Attack of 2016 carried out by Jaish-e-Mohammed
      4. Pulwama Attack of 2019 carried out by Jaish-e-Mohammed

       
    2. Hindutva Terrorism: also known as Saffron Terror, refers to terrorist acts carried out on the basis of motivations in broad associations with the Hindu Nationalism or the Hindutva. Hindutva refers to a political ideology encompassing the cultural justification of Hindu Nationalism and the belief in establishing unity within India amongst Hindus. The political ideology was formulated by V. D. Savarkar in 1922. The said ideology is used by the Rashtriya Swayamsevak Sangh (RSS), Vishva Hindu Parishad (VHP), Bharatiya Janata Party (BJP), Bajrang Dal and other organizations collectively known as the Sangh Parivar. The Bajrang Dal is a Hindu Nationalist Militant organization that forms the youth wing of the Vishva Hindu Parishad with an aim to prevent cow-slaughter, preventing religious conversions and Hindu-Muslims marriages, western influence in Hindu Culture, etc. The Hindutva movement has been described as a variant of Right-wing Extremism.

      Examples:
      1. Demolition of Babri Masjid in 1992
      2. Samjhauta Express Bombings of 2007
      3. Malegaon Bombings of 2006
         
  2. Political Terrorism:
    This form of terrorism uses violent criminal behaviour designed primarily to generate fear in the community for political purposes. Difference in political ideologies is again a key factor. Political ideologies and religious beliefs are closely interlinked. Religion is used as a weapon by politicians for their own agendas and this leads to difference between people of different political ideological beliefs which further leads to rise in Terrorism and Terrorist Activities. Furthermore, Separatist Movements, Left and Right - Wing Terrorism, Frustration, Oppression, Supremacism of a particular group or ideology also pave way for the rise of Terrorism.

    Political Terrorism, in the context of India, can further be subdivided into the following:
    1. Left Wing Terrorism:
      Left-wing terrorism is a terrorism motivated by left-wing or far-left ideologies, committed with the aim of overthrowing current capitalist systems and replacing them with communist or socialist societies. This form of terrorism focuses on economic ideology, where all the existing socio-political structures are seen to be economically exploitative in character and a revolutionary change through violent means is essential. Left-wing terrorist groups and individuals have been influenced by the ideologies of Marx, Engel, Mao, Lenin, etc. Maoist insurgencies and violence in Jharkhand, Chhattisgarh, West Bengal are examples of Left - Wing Terrorism in India./';
       
    2. Right Wing Terrorism:
      Right-Wing Terrorism is a terrorism motivated by right-wing or far-right ideologies, committed with the aim of overthrowing existing governments and replace them with right-wing regimes. It is motivated by Ultranationalism, Ethno-nationalism, religious sentiment, patriotic movements, etc. Extreme Radicalization, socio-economic differences, inequality, discrimination, continued oppression and the feeling of dominance and superintendence over other religions are one of the main guiding factor of Right - Wing Terrorism. Right-wing terrorists tend to target people who they consider members of foreign communities, but they may also target political opponents, such as left-wing groups and individuals.

      The attacks which are perpetrated by right-wing terrorists are not indiscriminate attacks which are perpetrated by individuals and groups which simply seek to kill people; the targets of these attacks are carefully chosen. Because the targets of these attacks are often entire sections of communities, they are not targeted as individuals, instead, they are targeted because they are representatives of groups which are considered foreign, inferior and threatening by them. Demolition of Babri Masjid, Samjhauta Express Bombings and Malegaon Bombings are examples of Right - wing terrorism in India.
       
    3. Separatist Movement:
      Separatist movement refers to state secession, which is the withdrawal of one or more states from the Republic of India. The major guiding factor behind this movement is the shared religious, cultural and ethnic ideologies, hate against the current existing government and functioning of state and the need of independence. The Khalistan movement in Punjab began seeking to create a homeland for Sikhs by establishing an ethno-religious sovereign state called Khalistan in the Punjab region.

      As a result, to curb the growing separatist movement in the state of Punjab, Operation Blue Star was formulated by the then Prime Minister Indira Gandhi in June 1984 to remove Sikh militant Jarnail Singh Bhindranwale and other separatists from the buildings of the Golden temple. However, Sikhs worldwide had criticized the army action and many saw it as an assault on their religion and identity which further led to the assassination of Indira Gandhi by her Sikh Bodyguard which led to the Anti Sikh Riots in 1984.

       
  3. State-sponsored Terrorism:
    State-sponsored terrorism or Structural Terrorism refers to the terrorist acts and violence carried out by a particular state, with the active support of government, by using fear and oppression, against other countries or groups or non-state actors to pursue their political goals and ideologies. It can also be termed as the active involvement of a foreign government in training, arming and providing intelligence assistance or giving sanctuary to terrorist groups or individuals for the purpose of carrying out violent acts on behalf of that government against its enemies. Pakistan's frequent attack on India over the issue of Kashmir and Russia's attack on Ukraine can be termed as a State-sponsored Terrorism.
     
  4. Quasi-Terrorism:
    Quasi-Terrorism are the activities which are incidental to the commission of crimes of violence that are similar in form and method to Terrorism, but lacks its essential ingredient. It is not the main purpose of the quasi-terrorists to induce terror in the immediate victim as in the case of terrorism, but the quasi-terrorist uses the modalities and techniques of the terrorist organizations and produces similar consequences and reaction. The Naxalite-Maoist Insurgency in the North-east and Central part of India such as Chhattisgarh, Jharkhand, West Bengal, Odisha, can be termed as an example of Quasi-terrorism.
     
  5. Biological Terrorism/Warfare:
    Biological Warfare also known as Germ Warfare, is the use of biological toxins or infectious agents such as bacteria, insects and fungus, with the intent to kill, harm or incapacitate humans, animals or plants as an act of war. Offensive biological warfare in international armed conflicts is a war crime under the 1925 Geneva Protocol and several international humanitarian law treaties. Biological weapons may be employed in various ways to gain a strategic or tactical advantage over the enemy, either by threats or by actual deployments. Like some chemical weapons, biological weapons may also be useful as area denial weapons. These agents may be lethal or non-lethal, and may be targeted against a single individual, a group of people, or even an entire population. They may be developed, acquired, stockpiled or deployed by nation states or by non-national groups.
     
  6. Chemical Terrorism/Warfare:
    Chemical Warfare is the use of toxic properties of chemical substances as weapons as an act of war. The use of chemical weapons in international armed conflicts is prohibited under international humanitarian law by the 1925 Geneva Protocol and the Hague Conventions of 1899 and 1907. The use of White Phosphorus Bomb by Israel against Gaza and the use of poisonous gases such as carbon monoxide and hydrogen cyanide by the Nazi Germany during the holocaust of millions of Jews are examples of Chemical Warfare.
     
  7. Nuclear Terrorism/Warfare:
    Nuclear warfare, also known as Atomic Warfare, is a military conflict or prepared political strategy that deploys nuclear weaponry. Nuclear weapons are weapons of mass destruction. In contrast to conventional warfare, nuclear warfare can produce destruction in a much shorter time and can have a long-lasting radiological result. The bombing of Hiroshima and Nagasaki in August 1945 are an example of Nuclear Warfare.
     
  8. Cyber Terrorism:
    Cyber Terrorism is a new form of Terrorism which focuses on the use of Internet, Computer and Technology to conduct violent acts that results in threats, loss of life, bodily injury, intimidation, etc to achieve political, religious or ideological aims. Cyber Terrorism includes tools such as Computer Viruses, Computer Worms, Cyber Fraud, Cyber Theft, Cyber Pornography, Spamming, Phishing, Hacking, Malicious Software, Data Theft, etc. In 1998, ethnic Tamil guerrillas attempted to disrupt Sri Lankan embassies by sending large volumes of e-mail. The embassies received 800 e-mails a day over a two-week period. The messages read "We are the Internet Black Tigers and we're doing this to disrupt your communications." Intelligence authorities characterized it as the first known attack by terrorists against a country's computer systems.
     
  9. Narco Terrorism:
    Narco Terrorism is the use illegal narcotics substances to influence the policies of a government or a society through violence and intimidation, and to hinder the enforcement of anti-drug laws by the systematic threat or use of such violence. Drug violence in northeast and northwest India is an example of narco-terrorism in India. India is placed between two largest areas of illicit Drug production i.e. the Golden Crescent and the Golden Triangle. The Golden Crescent comprises of Iran, Afghanistan and Pakistan whereas The Golden Triangle comprises of Myanmar, Thailand and Laos which are the two largest opium production regions in the world.
     
  10. Economic Terrorism:
    Economic Terrorism is an attempt to destabilize the economic stability of a country. It refers to the manipulation of a nation's economy by state or non-state actors. Economic terrorism targets civilians of nations or groups in the pursuit of their political aims.
     
  11. Sexual Terrorism:
    Sexual Terrorism is a form of gender-based terrorism and is more particularly targeted at woman and young girls, often involving acts of rapes, gang rapes, forced impregnation and other forms of sexual violence, forced recruitments and suicide attackers. The Kerala-ISIS recruitment is an example of sexual terrorism wherein Muslim men have targeted Hindu women for conversion to Islam by means such as seduction, deception, kidnapping and marriage, as an act of war against India for their own political and religious aims.
     
  12. Agro Terrorism:
    Agro Terrorism, also known as agricultural terrorism, is a malicious attempt to disrupt or destroy the agricultural industry and/or food supply system of a population through the malicious use of plant or animal pathogen to cause devastating diseases in the agricultural sectors. It is closely related to the concepts of biological warfare and chemical warfare, except carried out by non-state parties. It is a hostile attack, towards an agricultural environment, including infrastructures and processes, in order to significantly damage national or international political interests.
     
  13. Mass Media Terrorism:
    Terrorism, fear and media are interconnected. Terrorists use the media to advertise their attacks and or messages, and the media uses terrorism events to further aid their own ratings. Both promote unwarranted propaganda that instils mass amounts of public fear. Internet and Media are used as a facilitator and also as an accelerant for terrorist and criminal activities. Certain Jihadist Groups have exploited and are still using the online platform to recruit, train and execute terrorist attack and spread their ideology online. The information and ideology can reach to a larger group of individuals in a short amount of time. The basic aim of the terrorist is to gain worldwide recognition, and this is facilitated by the symbiotic relationship shared by the media and the terrorist, which tends to increase international terrorism. Al-Qaeda and Taliban have been noted as being one of the terror groups that uses social media the most extensively.
     
List of known Terrorist Groups in relation to India:
  1. Al-Qaeda:
    Al-Qaeda is a Pan-Islamist militant organization led by Sunni Jihadists who self-identify as a vanguard spearheading a global Islamist revolution to unite the Muslim world under a national Islamic state known as the Caliphate. The organization is designated as a terrorist group by NATO, UN Security Council, the European Union, and various countries around the world. The Al-Qaeda was responsible for the 2010 Pune Bombing (German Bakery Blast).
     
  2. Al-Badr:
    Al-Badr is an Islamist militant group operating in the Kashmir region. The group allegedly formed by the Pakistani Inter-Services Intelligence (ISI) in June 1998. It is believed the group was encouraged by the ISI to operate independently from their previous umbrella group, Hizb-ul-Mujahideen. The Islamic fundamentalist group Al-Badr operates covert Al-Badr training camps in Pakistan to train Pakistani civilians to serve as fighters in the conflict in Kashmir. Al-Badr was banned by India under The Unlawful Activities (Prevention) Act, 2004.
     
  3. Babbar Khalsa:
    Babbar Khalsa is a Sikh militant organisation that aims to create an independent Sikh nation of Khalistan in the Indian and Pakistani states of Punjab. It has used armed attacks, assassinations and bombings in aid of that goal, and is deemed to be a terrorist entity by various governments. Besides India, it operates in North America and Europe, including Scandinavia.
     
  4. Communist Party of India:
    Communist Party of India is a Marxist-Leninist-Maoist banned communist political party and militant organization in India which aims to overthrow the "semi-colonial and semi-feudal Indian state" through protracted people's war. It was founded on 21 September 2004, through the merger of the Communist Party of India (Marxist–Leninist) People's War (People's War Group) and the Maoist Communist Centre of India (MCCI). The party has been designated as a terrorist organisation in India under the Unlawful Activities (Prevention) Act since 2009.
     
  5. Indian Mujahideen:
    Indian Mujahideen is an Islamist terrorist group which has been particularly active in India. The jihadist group was founded as an offshoot of the Students' Islamic Movement of India (SIMI) by several radicalized members including

    Iqbal Bhatkal, Riyaz Bhatkal, Yasin Bhatkal, Abdul Subhan Qureshi, Amir Reza Khan and Sadiq Israr Sheikh, among others. It has been active since at least 2005 when it bombed the Dashashwamedh Ghat in Varanasi. It carried out several serial-bombings in Indian cities in the following years such as the 2007 Uttar Pradesh bombings, 2008 Jaipur bombings, 2008 Ahmedabad bombings, 2008 Delhi bombings, 2010 Pune bombing, 2011 Mumbai bombings, 2011 Delhi bombing, 2013 Patna bombings, 2013 Hyderabad blasts and the 2013 Bodh Gaya bombings. The group has been linked with the jihadist Lashkar-e-Taiba and is declared as a terrorist organization by the Indian Government.
     
  6. Jaish-e-Mohammed –
    Jaish-e-Mohammed is a Pakistan based Deobandi Jihadist terrorist group active in Kashmir. The groups primary motive is to separate Kashmir from India and merge it into Pakistan. It has carried out several attacks primarily in the Indian administered Jammu and Kashmir. It has also maintained close relations with the Taliban and Al-Qaeda in Afghanistan and continues to be allied with these groups. The Jaish-e-Mohammed was responsible for the 2001 Indian Parliament Attack, 2016 Pathankot airbase attack, 2016 Uri Attack and the 2019 Pulwama attack. The group has been designated as a terrorist organization by India, Russia, United Kingdom, Untied States and the United Nations.
     
  7. Khalistan Liberation Force –
    Khalistan Liberation Force is a Khalistani separatist militant organization based in the Indian state of Punjab. Its motive is the creation of a sovereign Sikh state called Khalistan via armed struggle. The Khalistan Liberation Force is one of the major fighting forces of the Khalistan movement. It was responsible for several assassinations, abductions and military engagements with the Indian Armed Forces during the Insurgency in Punjab. The Khalistan Liberation Force is banned by India under the Unlawful Activities (Prevention) Act.
     
  8. Lashkar-e-Taiba
    Lashkar-e-Taiba is a Pakistan based militant Islamist Salafi Jihadist organization and one of Pakistan's most powerful jihadi groups. The primary aim of the organization was to merge the whole of Kashmir with the state of Pakistan. It was founded in 1985–86 by Hafiz Saeed, Zafar Iqbal Shehbaz Abdullah Azzam and several other Islamist mujahideen with funding from Osama bin Laden during the Soviet–Afghan War. The Lashkar-e-Taiba was responsible for the 2000 Red Fort Attack, 2005 Delhi Bombings, 2006 Varanasi Bombings, 2006 Mumbai Train Bombings and 2008 Mumbai attacks.
     
  9. Liberation Tigers of Tamil Eelam
    Liberation Tigers of Tamil Eelam was a Tamil militant organization that was based in north-eastern Sri Lanka. The LTTE fought to create an independent Tamil State called the Tamil Eelam due to the continuous discrimination and violent persecution against Sri Lankan Tamils by the Sinhalese dominated Sri Lankan Government. Initially starting out as a guerrilla force, the LTTE increasingly came to resemble conventional armed forces with a well-developed military wing that included a navy, an airborne unit, an intelligence wing, and a specialised suicide attack unit. The LTTE popularised and perfected the use of a suicide vest as a weapon, a tactic now used by many current militant organisations. In particular, India's relationship with the LTTE was complex, as it went from initially supporting the organisation to engaging it in direct combat through the Indian Peace Keeping Force (IPKF), owing to changes in the former's foreign policy during the phase of the conflict. The LTTE gained notoriety for using women and children in combat and carrying out a number of high-profile assassinations, including the assassination of former Indian Prime Minister Rajiv Gandhi in 1991 and Sri Lankan President Ranasinghe Premadasa in 1993. Consequently, the LTTE has been designated as a terrorist organisation by 33 countries, including the European Union, the United States, and India.
     
  10. Students Islamic Movement of India
    The organization was formed in Aligarh, Uttar Pradesh in April 1977. The mission of the Students Islamic Movement of India is the liberation of India by converting it to an Islamic Land. The organization consists of young extremists students who has declared jihad against India with the aim of establishing Dar-ul-Islam (Land of Islam) by forceful conversion and violence. The Students Islamic Movement of India maintains the view that the concepts of Secularism, Democracy and Nationalism which are the key stones of the Indian Constitution are antithetical to Islam. The Students Islamic Movement of India is a banned organization by the Indian Government under the Unlawful Activities (Prevention) Act.


Recent Attacks in India

  1. Parliament Attack of 2001:
    The 2001 Indian Parliament attack was a terrorist attack on the Parliament of India in New Delhi, India on 13th December 2001. The attack was carried out by five armed assailants that resulted in the deaths of six Delhi Police Personnel, two Parliament Security Service personnel, and a gardener. All the five terrorists were killed by security forces. The attack was committed by members of Jaish-e-Mohammed. One of the Accused, namely Afzal Guru was found guilty and was sentenced to death and was hanged on dt. 09/02/2013
     
  2. Mumbai Attack of 2008 (26/11 Attack)
    The Mumbai Attack of 2008 or more popularly known as the 26/11 Attack were a series of terrorist attacks that took place in November 2008, when 10 members of Lashkar-e-Taiba, a militant Islamist organisation from Pakistan, carried out 12 coordinated shooting and bombing attacks lasting four days across Mumbai. A total of 175 people died, including nine of the attackers, with more than 300 injured. The major attacks occurred at Chhatrapati Shivaji Maharaj Terminus, Leopold Café, The Taj Mahal Palace Hotel, Oberoi Trident, Cama Hospital, Nariman House, Metro Cinema and St. Xaviers College. Ajmal Kasab, the sole surviving attacker, disclosed that, all the attackers were members of the Terrorist group Lashkar-e-Taiba and were controlled from Pakistan. Three Police Personnel namely Hemant Karkare, Vijay Salaskar and Ashok Kamte were killed in the said attack.
     
  3. Mumbai Bomb Blast of 1993 –
    The 1993 Bombay bombings was a series of 12 terrorist bombings that took place in Bombay on 12 March 1993. The single-day attacks resulted in 257 fatalities and 1,400 injuries. The attacks were coordinated by Dawood Ibrahim, leader of the Mumbai-based international organised crime syndicate

    D-Company. Ibrahim was believed to have ordered and helped organize the bombings through his subordinates Tiger Memon and Yakub Memon. The attacks happened at Fisherman's Colony in Mahim causeway, Zaveri Bazaar Fort, Plaza Cinema Dadar, Century Bazaar, Katha Bazaar, Hotel Sea Rock, Terminal at Sahar Airport (Chhatrapati Shivaji Maharaj International Airport), Air India Building, Hotel Juhu Centaur, Bombay Stock Exchange Fort, Passport Office.
     
  4. Uri Attack of 2016
    The Uri Attack was carried out on 8 September, 2016 by four Jaish-e-Mohammed militants from Pakistan against an Indian Army brigade headquarters near the town of Uri in the Indian Jammu and Kashmir. 19 Indian soldiers were killed in the attack, and several others were injured.
     
  5. Pulwama Attack of 2019
    The Pulwama Attack occurred on 14 February 2019, when a convoy of vehicles carrying Indian security personnel on the Jammu–Srinagar National Highway was attacked by a vehicle-borne suicide bomber at Lethapora in the Pulwama district of Jammu and Kashmir. The attack killed 40 Indian Central Reserve Police Force (CRPF) personnel as well as the perpetrator, Adil Ahmad Dar, who was a local Kashmiri youth from the Pulwama district. The responsibility for the attack was claimed by the Pakistan based Islamist terrorist group, Jaish-e-Mohammed.
     
  6. Lajpat Nagar Blast of 1996
    A bomb blast occurred in Lajpat Nagar market in Delhi on 21 May 1996, killing 13 civilians and injuring 39 others. The blast was followed a day later by the 1996 Dausa blast. Six members of the militant organisation Jammu Kashmir Islamic (Liberation) Front were convicted for the blasts. Investigation discovered that the bombers were in close contact with the Pakistani Inter-Services Intelligence.
     
  7. Assassination of Rajiv Gandhi, 1991
    The Assassination of Rajiv Gandhi, former Prime Minister of India, occurred as a result of suicide bombing on 21st May 1991. The suicide bombing was carried out by a 22 year old Kalaivani Rajaratnam, a member of the Liberation Tigers of Tamil Eelam.
     
  8. Varanasi Bombings of 2006
    In March 2006, the Indian city of Varanasi witnessed a series of bombings in which at least 28 people were reportedly killed and 101 injured. The first blast took place at the crowded Sankat Mochan Hanuman Temple near the Banaras Hindu University. For causing maximum damage, the bombs were exploded during the Aarti ceremony. Pakistan based Lashkar-e-Taiba were chiefly behind the Varanasi Bombings.
     
  9. Pune Bombings of 2010 (German Bakery Blast)
    The Pune Bombing of 2010 or more popularly known as the German Bakery Blast occurred on 13th February 2010 when a bomb exploded at a German Bakery in Pune killing 18 people and injuring more than 60 people. Two Islamist groups, Lashkar-e-Taiba and the Indian Mujahideen (Students' Islamic Movement of India), claimed responsibility for the bombing.
     
  10. Bodh Gaya Bombings of 2013
    On 7 July 2013 a series of ten bombs exploded in and around the Mahabodhi Temple complex, a UNESCO World Heritage Site in Bodh Gaya, India. The Islamic Terrorist group Indian Mujahideen were responsible for the bombings.
     
Consequences of Terrorism:
  • Loss of life and injury and mental health problems such as anxiety, depression
  • Loss of property and Economical impact due to destruction of property
  • Disruption of supplies or services essential to the life of the community
  • Social division and strain in the society
  • Political instability
  • Restrictions on basic rights by state agency to curb violence such as no internet access, restriction on right to freedom of speech and expression, etc.

Remedies to Combat Terrorism:

  • Effective intelligence and Security Measurements to enhance coordination to prevent terrorist activities.
  • Enactment and enforcement of stringent anti-terrorism laws to ensure swift prosecution of terrorists.
  • International cooperation and collaboration with other agencies to combat global/International terrorism.
  • Promoting and encouraging internationally agreed treaties relating to human rights.
  • Strengthening border security to prevent infiltration of terrorists and illegal activities.
  • Deradicalization and engaging community to prevent terrorism.
  • Providing socio-economic development such as educations, jobs, access to basic rights and amenities, etc.
  • Enhancing Cyber security.
  • Education and awareness.
  • Media responsibility to avoid sensationalizing news to gain TRP and thus creating tensions.
  • Reducing inequality between social groups.
  • Reducing access to weapons such as nuclear, biological, chemical, small firearms, etc.

Legislative Steps taken by the Indian Government to combat Terrorism:
  1. Maintenance of Internal Security Act, 1971 (MISA):
    The Maintenance of Internal Security Act of 1971 (MISA) was enacted for the purpose of providing detention in certain cases for maintenance of internal security and matters connected therewith. The said act was also enacted for combating internal disturbances and disorders, quelling political dissent as well as external threats such as terrorism, sabotage, The act empowered the Central and State Government to detain any person whose acts were in any manner prejudicial to the security and defence of India, security of the state and maintenance of public order or the maintenance of supplies and services essential to the community.

    The said act gave the government of Indira Gandhi wide powers including indefinite preventive detention of individuals, search and seizure of property without warrants, etc. Leaders like Atal Bihari Vajpayee, Jai Kishan Gupta, Lalu Prasad Yadav, Mulayam Singh Yadav were also detained with the help of the said act to curb political dissent. However, the said controversial legislation was later repealed in 1977 when Indira Gandhi lost the election and Janata Party came to power.
     
  2. Armed Forces (Special Powers) Act, 1958 (AFSPA):
    Armed Forces (Special Powers) Act of 1958 grants special powers to the Indian Armed Forces to maintain public order in "disturbed areas" as mentioned in Sec 3 of the Act of 1958. The Act was enacted to enable certain special powers upon the Indian Armed Forces to maintain public order in certain disturbed areas such as Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura.

    The Act is also applicable in Jammu and Kashmir. Section 3 of the Act empowers the State and Central Government to notify any state or Union Territory as a disturbed areas and can deploy Armed Forces to maintain public order in the notified area. The Armed Forces are equipped with special powers such as using deadly force or firing even causing death against any person who is acting in contravention of any law, arresting without warrant, enter and search any premises without any warrant, right to occupy or destroy properties, etc.

    National Security Act, 1980 (NSA):
    The National Security Act of 1980 was enacted with the purpose to provide for preventive detention in certain cases and extended to the whole of India. The Act was passed in 1980 during the Indira Gandhi Government. Section 3 of the Act of 1980 empowers the Central and State Governments to detain a person to prevent him/her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, the maintenance of public order and the maintenance of supplies and services essential to the community. The Act also gives power to the Government to detain a foreigner with a view to regulate his presence or even expel him/her from the country. The Act was hugely criticized for the alleged misuse of the Act by the authorities and its blatant disregard for the personal liberty of an individual.
     
  3. Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA):
    The Terrorist and Disruptive Activities (Prevention) Act was enacted with special provisions for the prevention of and coping with terrorist and disruptive activities and for matter connected therewith. The Act was originally enacted in the year 1985 under the background of the Punjab Insurgency and to curb the Separatist movement and was applied to the whole of India. The Act also had a Sunset Clause for lapsing after two years post its commencement, however, the Act was renewed in 1987, 1989, 1991 and 1993 before lapsing in the year 1995 due to the alleged misuse of the Act by the authorities. TADA was the First Anti-Terrorism Law legislated by the Government of India to define and counter terrorist activities.

    The key features of the Act was that wide powers were given to Police and they were not obliged to produce a detainee before a Judicial Magistrate within 24 hours, confessions made to police were admissible in the court of law and the burden of proof to prove the innocence was upon the Accused, persons can be detained upto 1 year without formal charges being framed, police officers were also empowered to attach the properties of the accused under this Act. However, the Act was later on repealed due to its blatant misuse and utter disregard of the personal liberty of the Individual. The Conviction rates were far less than the Arrests which were made under the Act, persons can be detained upto 1 year without any formal charges or trial against him, torture meted out by police to obtain confessions, etc. The Act was repealed in 1995 and was succeeded by the Prevention of Terrorism Act of 2002.
     
  4. Prevention of Terrorism Act, 2002 (POTA):
    The Prevention of Terrorism Act of 2002 was enacted with the objective of strengthening the anti-terrorism operations in India. The Act was enacted as a response to fight terrorism in India and to have stringent laws due to several terrorist attacks that were being carried out in India especially the Parliament Attack in 2001. The Act repealed the Terrorist and Disruptive Activities (Prevention) Act however came to an end in 2004. The provisions of POTA were similar to TADA Act. POTA provided that a suspect could be detained for upto 180 days without filing of chargesheet, confessions made by the accused to police were admissible in the court of law, attachment of properties of the accused under the Act, wide powers granted to Police Officers for search, seizure and arrest, etc. However, the Act of 2002 received major criticism as the said act was arbitrarily used to target political opponents and the arbitrary arrests made since the enaction of the Act, without any sufficient evidences.
     
  5. Unlawful Activities (Prevention) Amendment Act, 2019 (UAPA):
    The Unlawful Activities (Prevention) Amendment Act of 2019 was enacted for providing more effective prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities. The Act is also known as "Anti-Terror Law" with the main objective of dealing with activities which are against the integrity and sovereignty of India. The Act puts several restrictions on the Right to freedom of speech and expression, right to assemble peaceably without arms and the right to form associations. Section 3 of the Act empowers the Central Government to declare any organization or association as unlawful. The Central Government may designate an organization as a terrorist organization if:
    1. It commits or participates in acts of terrorism
    2. Prepares or promotes terrorism;
    3. Otherwise involved in terrorism.
    In Arup Bhuyan V. State Of Assam,[2] it was held by the Apex Court that, once an organization is declared unlawful after due procedure and despite that if a person who is a member of such unlawful association continues to be a member, he would be liable to face the consequences u/s 10 of the Act.

    The Act has received major criticism on the ground of its draconian provisions and blatant disregard to the personal liberty of an individual and the lower conviction rate as compared to the arrests made using the Act.
End-Notes:
  1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4217375
  2. AIR 2023 SC 1685

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