ABSTRACT

There is no universally agreed definition of terrorism making it difficult object to quantify.

Terrorism is usually understood as the use or ultimatum to use of violence to further a political
cause. Terrorism is not a 21st century phenomenon and has its roots in early resistance and
political movements.

There is urgent need to muffle these terrorist activities as there is great violation of human right.
Everybody has right to life. It is first generation Human Right. This Right to Life is not only
established by Universal Declaration of Human Right 1948 but also in constitution of different
countries including Constitution of India in Article 21. According to it no person should be
deprived of life and personal liberty except procedure established by law. The way people
extinguish in bomb blast and other terrorist activity it is clear that it is great violation of human
right to curb this meticulous control on supply of resources of manufacturing weapons and of
course the manufactured weapons. There is need for development of proper economic system to
check funding to the terrorist organization. Educated people are tend to radicalize less
indoctrination less as juxtapose to illiterate .Communalism and extreme cogitation are another
major factor which is acting as fuel in the fire. To establish world peace we need to stop this
menacing phenomenon.

TERRORISM IN INDIA

The main attribute of the terrorist activities in the form of religious terrorism is India’s main talk
through. The motivation of religious terrorism is typically rooted in the based dogmas and is
performed by group of cookies. To spread or enforce a system of belief, viewpoint or conjecture
on religion terrorist acts throughout the centuries have been perpetrated on religious grounds.
Till the time India got independence (1947), at least 232 of the country’s 608 districts were
afflicted, at different intensities, by various insurrectionist and terrorist movements. 800 terrorist
organizations are operational in the country in the current framework.1

The major incident of terrorist attack on India is 2

1
https://shodhganga.inflibnet.ac.in/bitstream/10603/206341/3/chapter%201.pdf (16th May, 2019; 9:30pm)
2
Editorial, Reuters."TIMELINE: Major attacks in India since 2003".(16th May, 2019 ; 9:45pm)
12 March 1993 - Series of 13 bombs go off killing 257

14 March 2003 - Bomb goes off in a train in Mulund killing 10

29 October 2005- Delhi bombings

2006- Varanasi bombings

11 July 2006 - Series of seven bombs go off in trains killing

26 November 2008 to 29 November 2008 - Coordinated series of attacks killing at

least170.

This data shows that after 1980, the terrorist hullabaloos increased in India.

The various central acts dealing with terrorism in the past and present are:
Terrorist and Disruptive Activities (Prevention) Act or TADA4
It is the first anti-terror law which came into force in the year 1985. At first it was enacted for
only a period of 2 years but later it got extension through TADA-1987. What we see in this law
is to put restrain on granting bails to terror suspect and increase power of detention of suspect.
Property of accused could also be attached. It is well establish law that confession which is given
before police officer is not admissible in court but this law make confession before police officer
3
https://www.advocatekhoj.com/library/bareacts/terrorist/index.php?Title=Terrorist%20and%20Disruptive
%20Activities (20th May,2019; 9:50am)
4
https://www.advocatekhoj.com/library/bareacts/terrorist/index.php?Title=Terrorist%20and%20Disruptive
%20Activities (20th May,2019; 9:50am)
admissible. Soon its misuse started. Unnecessary harassment of innocent people took place so
this act has to be repealed in the year 1995.
The Prevention of Terrorism Act, 2002 (POTA)5

After hijacking of Indian Airline flight IC 814 and Indian government have to release Masood
Azhar who later became chief of terrorist organization Jaish-e-Mohammed and attack on Indian
Parliament in year 2001 this new law was enacted. This law recognizes act of raising fund for
terror activity as a terrorist act. A separate chapter to deal with terrorist organization was
included. Again like TADA this act was also misuse so government has to repeal it in year 2004.

Unlawful Activities (Prevention) Act (UAPA) Amendment6

It came into force in year 1967 and after that it was amended many times. This law increases the
ambit of terrorist act by including offences that threaten economic security, counterfeiting
currency and procurement of weapons etc. At present under section 35 of the UAPA there are 41
banned terrorist organization.

Apart from this we also have laws enacted by state for example MCOCA (Maharashtra Control
of Organized Crime Act) and GCTOC (Gujarat Control of Terrorism and Organized Crime)
implemented in state of Maharashtra and Gujarat respectively

HOW TERRORISM AFFECTS HUMAN RIGHT?

Article 2 of United Nation Deceleration Of Human Right: Right to life7

1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life
intentionally save in the execution of a sentence of a court following his conviction of a crime
for which the penalty is provided by law.

2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it
results from the use of force which is no more than absolutely necessary:

5
https://www.bc.edu/content/dam/files/schools/law/lawreviews/journals/bctwj/25_1/09_FMS.htm (20th
May,2019;10:00 am)
6
https://mha.gov.in/sites/default/files/UAPA-1967_0.pdf (20th May,2019; 4:05pm)
7
https://www.un.org/en/universal-declaration-human-rights/ (20th May,2019; 5:10pm)
  in defense of any person from unlawful violence
 in order to effect a lawful arrest or to prevent the escape of a person lawfully detained,
and
 In action lawfully taken for the purpose of quelling a riot or insurrection.

Human right and terrorism are closely associated with each other as when one starts the other
automatically get violated. It is direct attack on human rights. Direct connection between human
right and terrorism get recognition 1st in World Conference on Human Rights in Vienna, 1993, of
the Vienna deceleration and its programme of Action stipulates that acts, methods and practices
of terrorism in all its forms and manifestation as well as linking in some countries to drug
trafficking are activities aimed at destruction of human rights. 8It put end on all humanitarian
and ethical beliefs. It doesn’t violates right of only citizen but it also violates right of those who
are involve in these terrorist organization. As we all know that nobody is born terrorist.
Indoctrination, Religious Fundamentalism, Poverty There are many factors that force them to do
this act. From the above mention attacks and incidents it is very clear that in these attacks many
innocent people loose there life and we know that Right to Life is one of the most important
human right. As we know that human rights are broadly classified into three generations and
right to life is 1st generation human right. These right are also called Blue right. We have these
right available negative against state. Apart from right to life these include equality before law,
freedom of speech, right of fair trail etc. This right very internationally accorded by the 1948
Universal Declaration of Human rights and later in the 1966 of International Covenant on Civil
and Political Rights. This right to life is also included In European Convention on human right
(1953). This right to life is also enshrining in Constitution of different country including
Constitution of India. As per Article 21 “No person shall be deprived of his life or personal
liberty except according to procedure established by law. Thousands of people lost their life in
this bomb blast and other terrorist activity. What we observe is that it is grave violation of this
basic right.

The president of USA Donald Trump in 2017 put restriction on citizen of 7 Muslim majority
countries to travel to America in the name of Protection of the Nation from Foreign Terrorist
Entry. This is not fair. Curtailment of right in name of counter terrorism will creates a breeding
8
https://www.ohchr.org/en/aboutus/pages/viennawc.aspx (20th May,2019; 5: 16pm)
ground for terrorism. Now this will give more ground to this religious fundamentalist group to
indoctrinate and manipulate youth. Improper counter terrorism measures will result in very bad
abuse of honest and innocent people intentionally or by mistake. Capable security personnel are
very much necessary to stop this dreadful activity but they should never be given absolute
authority or blank check. As we all know that freedom from torture is also a basic human right.
Giving brutal treatment to a terror suspect to yield information often give false leads. A right
respecting approach is the best way to encourage them to provide useful information. Violation
of a right to prevent further violation is strategically unwise and counterproductive. Correctly
said by our Former Prime Minister Late Atal Bihari Vajpayee “Terriosm has become a festering
wound.” It is an enemy of humanity”.9 It is grave violation of human right at mass level and it’s
very sad for us that in this 21st century we are not able to curb it effectively.

CONCLUSION AND SUGGESTIONS

Human rights are so important that even state can’t take it from individual. But what we observe
is when terrorism spreads state in the name of security often tries to put restriction on these
rights. As we all know that terrorism is a grave threat to human right and state is duty bound to
take suitable steps to protect the life of it’s of citizen but in recent days misuse of anti-terrorism
legislation itself became a threat to freedom of expression, including media freedom.

As from the above discussion it is very clear that how these terrorist activities extremely violates
basic our basic human right so there is dire need to curb this. In our opinion these are some
method which can be helpful to put check on this:

 There must be strict control on supply of materials which is used in

manufacturing of weapons and obvious also on the manufactured weapons. State
should take all measures to put person behind Bar who help these terrorist
organization to have reach to these weapons which they use in destruction
 Economic system in world should develop in such a way we can monitor the flow
of currency. It has dual advantage. If we able to do this we can not only put check
on funding of these organization but also we can control corruption.

9
https://www.brainyquote.com/quotes/atal_bihari_vajpayee_742755
 Internet is like heaven for these terrorist. They use internet to communicate
among themselves and to outside world. They use internet to indoctrinate young
mind and recruit them into their group. Shutting down of terrorist website is only
temporary measure. To put end on this webmaster should be stop. Whenever a
new SIM card purchased by any person then proper verification of the person
should be done. Easy availability of phone number is very helpful to these people.
If we paralyze their means of communication then it will be easy for us to control
terrorism.
 People who are educated are tends to radicalize less and they are not easily
influence by violent speeches. Education can be called as greatest weapon against
this terrorism. In words of Malala Yousafzai the Nobel peace prize winner “With
guns you can kill terrorists, with education you can kill terrorism.”
 Poverty is also main reason behind this. Ajaml Amir Kasab who involve in attack
of 26/11 mumbai attacks his parents were poor and couldn’t cater basic needs of
their children so they send him in one of those jihadi camps. If proper facility of
education and proper job opportunity given to youth they will not join these so
called revolutionary camp for sake of money.
 Last, there are some nation like Pakistan and Afghanistan which are safe haven
for terrorist there must be international pressure made on these nation to stop
there foreign policy of terrorism. There are many terrorist attacks on India
including the recent Pathankot & Balakot attacks there is clear involvement of
Pakistani terrorist. No place should be like safe haven for these dangerous people.