Professional Documents
Culture Documents
SUBJECT:
LEGAL ENGLISH
PROJECT ON
PROBLEMS OF TERRORISM IN INDIA
SUBMITTED TO:-
DR. PRATYUSH KAUSHIK
SUBMITTED BY:-
,
B.B.A.L.L.B.,
R.NO.-1636
1ST SEMESTER
ACKNOWLEDGEMENT
Writing a project is one of the most significant academic challenges, I have ever faced. Though this
project has been presented by me but there are many people who remained in veil, who gave their all
support and helped me to complete this project.
First of all I am very grateful to my subject teacher Dr.PRATYUSH KAUSHIK , without his kind
support and help the completion of the project was a herculean task for me. He donated his valuable
time from his busy schedule to help me to complete this project and suggested me from where and
how to collect data.
I am very thankful to the librarian who provided me several books on this topic which proved
beneficial in completing this project.
I acknowledge my friends who gave their valuable and meticulous advice which was very useful and
could not be ignored in writing the project.
Lastly I am very much thankful to my parents and family, who always stand aside me and helped me
a lot in accessing all sorts of resources.
RAJNEESH KUMAR
ROLL - 1636
TABLE OF CONTENT
I. RESEARCH METHODOLOGY:-..........................................................................................7
1. INTRODUCTION.....................................................................................................................8
I. UN Definition of Terrorism........................................................................................................9
6. ANALYSIS:.............................................................................................................................36
7. CONCLUSION:-.....................................................................................................................36
BIBLIOGRAPHY:-............................................................................................................................37
RESEARCH METHODOLOGY:-
This project is based mainly and heavily on material on internet. It is based on the doctrinal method
of research. The segments are structured and written actively. The writing style is descriptive as well
as analytical. This project has been done after a thorough research based upon intrinsic and extrinsic
aspect of the assigned topic.
“ Terrorism is nothing but the aggression of the public towards the non - performance of the
government. “
INTRODUCTION
A common definition of terrorism is the systematic use or threatened use of violence to intimidate a
population or government for political, religious, or ideological goals.The Institute of Defense
Studies and Analysis (IDSA) defines terrorism as “an anxiety-inspiring method of repeated violent
action, employed by clandestine individual groups or state actors, for idiosyncratic, criminal or
political reasons, whereby—in contrast to assassination—the direct targets of violence are not the
main targets. The immediate human targets of violence are generally chosen randomly or selectively
There are innumerable definitions of terrorism and every definition though it appears correct in its
own perspective, lacks some important aspects of terrorism. In other words these definitions do not
represent all the components of terrorism. However, if these definitions are analysed in totality, an
acceptable definition could be evolved. Multiple interpretations not merely complicate definition of
terrorism, but also encourages its perpetrator to escape in the name of economic deprivation and
freedom fighting. As a matter of fact, terrorism continues to pervade the political system because
there is no acceptable definition; and hence no punitive action against the perpetrator is possible
either by the government or by the international organisations.
Scholars all over the world are entangled in the labyrinth of terminology and have expressed
different views. Amongst them all, the most widely acceptable definition is the one offered by Yonah
Alexander. He defines terrorism as: 'the use of violence against random civilian targets in order to
intimidate or to create generalised pervasive fear for the purpose of achieving political goals.'1 This
definition is precise and is often quoted by scholars, but it lacks an important aspect of terrorism i.e.
international linkage . Terrorists cannot inflict terror without the funds and infrastructure facilities
that they receive from international connections.
Likewise some scholars define terrorism in the light of violence and coercion by state agencies.
WalterLacquer, for instance, defines acts of violence and repression as carried out by the government
against their own people as terrorism.7 In the same vein, Neil Livingston says that the state is the
main perpetrator of terrorism today.8 Corroborating the same idea, scholars like Jay Mallin defines
terrorism as a substitute for overt warfare. To put it in his own words' when diplomats fail soldiers
take over, when soldiers fail terrorists take over.'9 His opinion of terrorism as a substitute for war or
as a consequence of failed diplomacy is relevant. But to state that terrorism is a fall-out of military
UN DEFINITION OF TERRORISM
1
The UN General Assembly Report of the Ad Hoc Committee on International Terrorism was an
important document in the history of terrorism. Recalling the 1972 resolution entitled 'Measures to
prevent international terrorism which endangers or takes innocent human lives or jeopardises
fundamental freedoms, and study of the underlying causes of those forms of terrorism and acts of
violence which lie in misery, frustration, grievance and despair, and which cause some people to
sacrifice human lives, including their own, in an attempt to effect radical changes` the Ad Hoc
Committee established three sub-committees to examine definition, causes and prevention of
terrorism. Seven draft proposals were submitted by different nations to the sub-committee on the
definition of terrorism. While the Non-Aligned Group (consisting of Algeria, Congo, Democratic
Yemen, Guinea, India, Syria, Tunisia, Tanzania, Yemen, Yugoslavia, Zaire, and Zambia) submitted
collective proposals, France, Greece, Haiti, Iran, Nigeria, Venezuela made separate presentations on
the definition of terrorism. The Non-Aligned Group defined terrorism as acts of violence committed
by a group of individuals which endanger human lives and jeopardise fundamental freedoms the
effects of which are not confined to one state. This should not, however, affect the inalienable right
to self-determination under colonial and racist regimes. The French proposal described international
terrorism as a heinous act of barbarism committed in foreign territory. Greece distinguished terrorism
from freedom fighting and defined it as criminal acts of violence with the aim to put pressure on any
dispute or for personal satisfaction. Haiti included political aspirations in the definition and Iran
added violence against freedom movement also as acts of international terrorism. Nigeria and
Venezuela too held similar views. Apparently the house was divided. Therefore no resolution on the
definition of terrorism could be adopted. The matter remained suspended until 1987 when the
Secretary General convened an international conference to define terrorism and differentiate it from
freedom fighting. This conference was successful in the sense that members agreed to identify
terrorism with crime and accordingly a future plan of action was proposed. Taking note of the
Secretary Generals` report of the conference the UN General Assembly condemned all acts of
terrorism except those fighting for the right to self-determination against foreign and racist regimes
as `criminal` (Resolution adopted on the reports of the Sixth Committee,General Assembly 2 An
1
(28th session/A/9028,1973)
2
, 94th Meeting, Dated December 7, 1987, Report: A/42/832)
However, the question arises: is it a correct definition of terrorism? Can we describe a terrorist as a
criminal? The answer to these questions lies in self-contradiction. If terrorism is analysed as a
concept, this definition is not correct. The link between crime and terrorism could be established, but
to identify the two as one would be misleading. Criminals do not have political purpose unless they
are converted to terrorism. Normally their aim is to acquire wealth . They are more concerned about
the economy of the state and the individuals rather than the political situation; whereas politics is the
main consideration of terrorists.
However, if it has to be analysed from the point of view of prevention, then this definition can serve
the purpose. Perhaps it is the simplest way to cope with terrorism. This could be one of the effective
measures to prevent international terrorism without getting into the details of causes and their
political affiliation. 'Identify them with their acts of violence and treat them as criminal' sounds quite
good. But is it viable? If prevention is the objective for defining terrorism as criminal, then the UN
should have immediately adopted a resolution on compulsory extradition treaty among nations for
exchange of criminals (terrorist) operating from different parts of the world. The UN has not taken
any measure in this direction though this issue has been raised time and again. Until extradition is
made compulsory and criminals are tried according to the law of the nation they belong to, this
definition is unlikely to prevent international terrorism. Hence even this definition has no relevance.
Obviously there is a long list of definitions given by different scholars at different points of time in
different situations. Undoubtedly all these definitions lead towards conceptualisation of terrorism and
have certain common features. However, none of these definitions presents terrorism in its totality.
Each scholar has offered his own perspective on terrorism. None of them adopted the terrorists'
perspective and put them together to evolve a functional definition of terrorism. The present study is
an attempt to do the same on the basis of David Easton's system theory. Easton's system theory is
adopted not merely because the phenomenon of terrorism has a direct effect on the socio-economic
and political system but also because it (terrorism) emanates from within the same system. (In order
to arrive at a functional definition of terrorism a pragmatic approach to the problem would be more
relevant.) A definition devoid of the socio-economic and political issues involved in terrorism holds
good only for academic purpose not for practical implications. In order to arrive at a functional
In this model, the definition of terrorism is analysed from the above mentioned two perspectives i.e.
terrorism as a political phenomenon described as P, and as a means described as M to achieve
political goals. In the subsequent phase, the model explains that P demands coordination and
cooperation to form a cohesive political group and thereby needs GA to implement the plan and GA
in turn leads to IL.
From the political perspective point of view , terrorism is defined as a political rather than a criminal
or psychological phenomenon in the light of the fact that terrorists do not believe in personal gain or
accumulation of wealth. Their sole objective is to acquire political power be it in the form of
autonomy or creation of an independent state.
Violence and intimidation could be effective means to achieve multiple objectives. It could be used
for personal benefits, redress of social and economic grievances or to gain political mileage.
However, not all acts of violence are terrorism. Only those incidents of violence could be defined as
terrorism which have political implications. Individual acts of violence are more of a psychological
nature than political. Socio-economic or psychological aspects are causal factors for the growth of
terrorism, and not the basic nature of the phenomenon. Both the nature and purpose of terrorism is
political. Its political identity could be understood better by analysing various dimensions of the
Another important political dimension to terrorism is its organisational structure. Terrorist groups are
organised more as a political party than a criminal gang. Initially they emerge as a political unit
aspiring for political recognition. However when they fail to make a dent in active politics through
political means, their agenda shifts from politics to tactical violence . All India Sikh Students
Federation (AISF) in Punjab and All Party Hurrian Conference (APHC) in Jammu and Kashmir
could be cited as examples of the same situation. The AISF came into existence as an organised
group of Sikh students in Punjab. But with the passage of time, it emerged as one of the active
terrorist groups in Punjab. Similar is the case of APHC in Kashmir. It came into being as a political
party to contest against the National Conference in J and K.But failed to participate in the political
process partly because it is funded by Pakistan and partly because leaders involved in APHC are not
sure as to which path to follow—violence or politics of negotiation. They are a bit confused because
Pakistan will not like a peaceful solution to the Kashmir problem and India will not accept any
organisation playing the Pakistani tune in the internal politics of the country. A number of them
including the main leaders are arrested for fomenting trouble in J and K. Though the APHC is not a
banned organisation, its activities are under observation. Be it AISF or APHC, when these groups
fail to gain recognition from the government and the people, they adopt a violent course of action to
destabilise an established government more so in a democratic society. In the name of civil rights
guaranteed to citizens in democracy, terrorists indulge in violence and create mass unrest and fear.
Wilkinson rightly defines such acts of violence as political terrorism.
Subsequently, the definition model highlights GA as an essential element in terrorism. The kind of
violence terrorists inflict cannot have an impact without collective manoeuvring. They operate in a
network structure and are inter-dependent on one another to execute the plan of subversion. The need
for collaboration in operations is so high in terrorist organisations that at times they hire services of
other groups from across their national boundary. For instance; Pak-sponsored terrorism in India
involves different terrorist groups operating in Punjab, J and K, Assam in India as well as
mercenaries from Afghanistan, Sudan and Saudi Arabia. The theory of individualism and isolation
The political perspective on terrorism would remain incomplete without a focus on international
linkage. Interaction among terrorist groups is an essential feature of terrorism. Terrorist operations
demand heavy expenditure on weapons and training facilities, which are unlikely to come from
sources within the national boundary. The risk of being exposed to police and intelligence agencies is
very high if the operation remains confined to domestic frontiers. The possibility of being caught by
the law enforcement agencies keeps them crossing the border off and on. Therefore, most of the
terrorist groups not merely have foreign source of funding, but maintain cross border training camps
and sanctuaries.
The history of terrorism is replete with illustrations of transnational terrorism. The Red Faction
Army (RAF) of (then) West Germany popularly known as BaaderMeinhoff, and JKLF could pose as
threats to civilised society because of their international linkage. Baader and Meinhof, the two
important leaders of RAF had a rendezvous in Jordan to train Palestinian militants and used them in
their own pursuit to destabilise the government of West Germany. In the same way, the Kashmiri
militants received military and financial assistance from Mujahideens from Pakistan and
Afghanistan. Similarly the UK based IRA had operation units in the US as well. The former British
Prime Minister, Margaret Thatcher had authentic information that the IRA was receiving funds from
Libyan mercenaries. This issue was one of the important factors that inspired Thatcher to approve the
US attack on Libya in 1986.
The case of multiple RDX explosions in Mumbai in 1993 also refers to international contact and
collusion. Tiger Memon , the smuggler turned terrorist, has established political contacts across the
border and is trying to convert his ill-gotten money into politico-religious outlets. Son of a police
Maintaining the same tradition, highjackers of the Indian Airlines IC 814 successfully utilised their
political contacts in Afghanistan to get the hardcore Pakistani terrorists, Azhar Masood and two
others released. The good offices of Taliban government was engaged to bargain with India at the
Qandhar international airport in Afghanistan. Throughout the eight day drama beginning December
24-31, 1999, the highjackers bargained with India through the Taliban government of Afghanistan
with whom India does not have diplomatic relations. It was a difficult situation for Delhi to get out of
this crisis without involving the Taliban government.
These incidents are enough indication that political collaboration in the international network of
terrorist groups is vital to the success of terrorism. Without such contacts and cooperation terrorism
would remain a bare philosophy and would have no impact on society or the government. Hence, the
apolitical definition of terrorism has no relevance to the global problem of terrorism. Terrorism is the
study of conflict in politics within and beyond the national frontiers and it needs to be defined
politically.
The second essential aspect in the definition of terrorism is to analyse it as a means to an end rather
than an end by itself. History offers evidence that terrorists invariably aim to achieve certain socio-
economic or political goals. Terror tactics have always been used as means to an end. Means theory
is so relevant in the politics of violence that even an individual perpetrator addresses his grievances
through terror tactics. Martha Crenshaw substantiates this idea by defining terrorism as a means to a
political end. Furthermore, it is the type of means employed that defines a group as terrorist or
otherwise.
It is worth mentioning that political parties too resort to violence at times. A clear distinction
between violence by a political party and a terrorist group is necessary while defining terrorism.
Terrorism, on the other hand, adopts a well-planned tactic to indulge in violence, arson and
subversion. Every phase of violence is chalked out by terrorists according to socio-economic and
political conditions of the target area. An environment of unrest and fear is created through
conspiracy and propaganda before terrorists resort to violence. Such issues are totally missing from
violence by political parties.
As a corollary to this and as explained in the model, it is also important to note that violence, being a
precondition to terrorism, needs proper planning for execution of subversive plans, which largely
depends on training imparted to the terrorists. Without training in the use of weapons, tactical
application of violence is not possible. This aspect is also significant in defining terrorism. Terrorists
are trained in weaponry, communication systems and post-violence follow up actions in training
camps abroad. It is an important aspect of terrorism, because the era we live in is not that of daggers
and knives, but of machine guns, bazookas, missiles, transistor bombs, letter bombs, cyanide and
RDX. These are highly sophisticated weapons and ammunition, which require proper training to
operate. Lack of skill might prove fatal and self-destructive.
These descriptions apparently lead to the conclusion that terrorism is not just a kind of violence
expressed on the spur of the moment, but an organised instrument to achieve political objectives. It
has its own identity, comprising various issues as mentioned above. Therefore, on the basis of all the
definitions given by scholars all over the world and the real issues involved in terrorism , terrorism
could be defined here as an act or threat of an act of tactical violence by a group of trained
individuals, having international linkage, to achieve political objective. This group could be
sponsored by non -state or state agencies. This definition precisely covers all the aspects of terrorism.
Since its independence in 1947, India has been facing the problem of insurgency and terrorism in
different parts of the country.Insurgency mean an armed violent movement, directed mainly against
security forces and other government targets, to seek territorial control; terrorism has been taken to
mean an armed violent movement directed against government as well as non-government targets,
involving pre-meditated attacks with arms, ammunition and explosives against civilians, and
resorting to intimidation tactics such as hostage-takingand hijacking, but not seeking territorial
control.
India has faced exclusively terrorist movements in Punjab and Jammu and Kashmir, bordering
Pakistan, and part insurgent-part terrorist movements in the northeast, bordering Myanmar and
Bangladesh; in Bihar, bordering Nepal; and in certain interior states like Andhra Pradesh, Madhya
Pradesh and Orissa that do not have international borders.
India has also faced terrorism of an ephemeral nature, which sprang suddenly due religious anger
against either the government or the majority Hindu community or both and petered out
subsequently. Examples of this would be the simultaneous explosions in Mumbai on March 12,
1993, which killed about 250 civilians, and the simultaneous explosions in Coimbatore, Tamil Nadu,
in February 1998.Tamil Nadu has also faced the fall out of terrorism promoted by the "Liberation
Tigers of Tamil Eelam" in Sri Lanka, in the form of attacks by LTTE elements on its political rivals
CAUSES:
The causes for the various insurgent/terrorist movements include:
POLITICAL CAUSES:
This is seen essentially in Assam and Tripura. The political factors that led to insurgency-cum-
terrorism included the failure of the government to control large-scale illegal immigration of
Muslims from Bangladesh, to fulfil the demand of economic benefits for the sons and daughters of
the soil, etc.
ECONOMIC CAUSES:
Andhra Pradesh, Madhya Pradesh, Orissa and Bihar are prime examples. The economic factors
include the absence of land reforms, rural unemployment, exploitation of landless labourers by land
owners, etc. These economic grievances and perceptions of gross social injustice have given rise to
ideological terrorist groups such as the various Marxist/Maoist groups operating under different
names.
ETHNIC CAUSES:
Mainly seen in Nagaland, Mizoram and Manipur due to feelings of ethnic separateness.
RELIGIOUS CAUSES:
Punjab before 1995 and in J&K since 1989.In Punjab, some Sikh elements belonging to different
organisations took to terrorism to demand the creation of an independent state called Khalistan for
The maximum number of terrorist incidents and deaths of innocent civilians have occurred due to
religious terrorism. While the intensity of the violence caused by terrorism of a non-religious nature
can be rated as low or medium, that of religious terrorism has been high or very high. It has involved
the indiscriminate use of sophisticated Improvised Explosive Devices, suicide bombers, the killing of
civilians belonging to the majority community with hand-held weapons and resorting to methods
such as hijacking, hostage-taking, blowing up of aircraft through IEDs, etc.
Certain distinctions between the modus operandi and concepts/beliefs of religious and non-religious
terrorist groups need to be underlined.
Non-religious terrorist groups in India do not believe in suicide terrorism, but the LTTE does. Of the
religious terrorist groups, the Sikhs did not believe in suicide terrorism. The indigenous terrorist
groups in J&K do not believe in suicide terrorism either; it is a unique characteristic of Pakistan's
pan-Islamic jihadi groups operating in J&K and other parts of India. They too did not believe in
suicide terrorism before 1998; in fact, there was no suicide terrorism in J&K before 1999. They
started resorting to it only after they joined Osama bin Laden's International Islamic Front in 1998.
Since then, there have been 46 incidents of suicide terrorism, of which 44 were carried out by bin
Laden's Pakistani supporters belonging to these organisations.
Non-religious terrorist groups in India have not resorted to hijacking and blowing up of aircraft. Of
the religious terrorists, the Sikh groups were responsible for five hijackings, the indigenous JKLF for
one and the Pakistani jihadi group, the Harkat-ul-Mujahideen (which is a member of the IIF), for
one. The BabbarKhalsa, a Sikh terrorist group, blew up Air India's Kanishka aircraft off the Irish
coast on June 23, 1985, killing nearly 200 passengers and made an unsuccessful attempt the same
day to blow up another Air India plane at Tokyo. The IED there exploded prematurely on the
ground. The Kashmiri and the Pakistani jihadi groups have not tried to blow up any passenger plane
All terrorist groups -- religious as well as non-religious -- have resorted to kidnapping hostages for
ransom and for achieving other demands. Then on-religious terrorist groups have targeted only
Indians, whereas the religious terrorist groups target Indians as well as foreigners. The Khalistan
Commando Force, a Sikh terrorist group, kidnapped a Romanian diplomat in New Delhi in 1991.
The JKLF kidnapped some Israeli tourists in J&K in 1992.HUM, under the name Al
Faran,kidnapped five Western tourists in 1995 and is believed to have killed four of them. An
American managed to escape. Non-religious terrorist groups in India have not carried out any act of
terrorism outside Indian territory. Of the religious terrorist groups, a Sikh organisation blew up an
Air India plane off the Irish coast and unsuccessfully tried to blow up another plane at Tokyo the
same day, plotted to kill then prime minister Rajiv Gandhi during his visit to the US in June 1985
(the plot was foiled by the Federal Bureau of Investigation), attacked the Indian ambassador in
Bucharest, Romania, in October 1991, and carried out a number of attacks on pro-government
members of the Sikh diaspora abroad. The JKLF kidnapped and killed an Indian diplomat in
Birmingham, England, in 1984. In the 1970s, the Anand Marg had indulged in acts of terrorism in
foreign countries.
None of the non-religious terrorist groups advocate the acquisition and use of Weapons of Mass
Destruction.Of the religious groups, the Sikh and the indigenous Kashmiri terrorist groups did/do not
advocate the acquisition and use of WMD. However, the Pakistani pan-Islamic groups, which are
members of the IIF and which operate in J&K, support bin Laden's advocacy of the right and
religious obligation of Muslims to acquire and use WMD to protect their religion, if necessary.
The Sikh terrorist groups did not cite their holy book as justification for their acts of terrorism, but
the indigenous Kashmiri groups as well as the Pakistani jihadi groups operating in India cite the holy
Koran as justification for theirjihad against the government of India and the Hindus.
The Sikh and the indigenous Kashmiri groups projected/project their objective as confined to their
respective state, but the Pakistani pan-Islamic terrorist groups project their aim as extending to the
whole of South Asia -- namely the liberation' of Muslims in India and the ultimate formation of an
Islamic Caliphate consisting of the Muslim homelands' of India and Sri Lanka, Pakistan and
Bangladesh.
The Sikh terrorist groups demanded an independent nation on the ground that Sikhs constituted a
separate community and could not progress as fast as they wanted to in a Hindu-dominated country.
Religious as well as non-religious terrorist groups draw moral support and material sustenance from
the overseas diaspora. The Khalistan movement was initially born in the overseas Sikh community in
the UK and Canada and spread from there to Punjab in India. The indigenous Kashmiri organisations
get material assistance from the large number of migrants from Pakistan-occupied Kashmir, called
the Mirpuris, who have settled in Western countries. The Marxist groups get support from the
Marxist elements in the overseas Indian community.
FUNDING:
The following are the main sources of funding for terrorist and insurgent groups
A review of data relating to civilian fatalities as a result of social and political violence in the country
over the period September 1, 1999 – August 31, 2001, indicated that nearly 36 per cent of all such
fatalities occurred in parts of Jammu and Kashmir (J&K) alone as a result of the separatist proxy war
in that State. Over 33 per cent were accounted for by a range of insurgencies and terrorist movements
in India’s Northeast – and these were overwhelmingly concentrated in a small number of districts in
four of the seven States in this region. A little less than 21 per cent of civilian fatalities resulted from
Left Wing Extremist (referred to as Naxalism in India) and retaliatory violence in some areas of the
States of Andhra Pradesh, Maharashtra, Orissa, Chattisgarh, Jharkhand and Bihar. Barely 10 per cent
of the total civilian fatalities were spread across the rest of the country, and only a small fraction of
these were concentrated in the economically vibrant metropolii.
Separatism constitutes a primary demand of the movement in J&K, and of many of the groups active
in India’s Northeast (some Northeast groups do not have clearly defined separatist goals). There has
been a proliferation of militant groups in recent times, with as many as 33 identified in J&K, and
over 104 in India’s Northeast. Most of these are insignificant gangs and some are now dormant.
J&K is currently the most significant internal security challenge faced by the country, and three
Islamist fundamentalist groups – all of them head-quartered in Pakistan – constitute the gravest threat
in the State: Lashkar-e-Toiba (LeT), Jaish-e-Mohammad (JeM) and Hizb-ul-Mujahiddeen (HuM).
All three seek integration of J&K with Pakistan, and they have entirely replaced groups, such as the
Jammu & Kashmir Liberation Front (JKLF), that sought Kashmiri Independence and who dominated
4
http://www.satp.org/satporgtp/ajaisahni/Pink161101.htm
The LeT is the terrorist arm of the Markaz-ud-Dawa-Wal-Irshad (MDI), with its headquarters at
Muridke in Pakistan. Its entry into J&K was first recorded in 1993 but it was after 1997 that it rose in
the priorities of Pakistan’s Inter Services Intelligence (ISI). The LeT has a specialised ‘suicide’
cadre, the fidayeen, who undertake high-risk missions against security forces. The first of these
attacks targeted a residential complex of the Border Security Force (BSF) in Bandipore near Srinagar
on July 13, 1999. The most spectacular of these missions was the attack on the headquarters of the
Special Operations Group (SOG) at Srinagar on December 27, 1999. LeT operations are
characterised by a level of brutality that surpasses that of other terrorist groups in the State. Cases
include the cold blooded murder of 23 people in Wandhama on January 23, 1988; the June 19, 1998,
massacre of 25 members of a wedding party in Doda, Jammu; and, during President Clinton’s visit to
South Asia, the Chattisinghpora massacre of 35 Sikhs on March 20, 2000.
The JeM was set up in Pakistan in February 2000, by Maulana Masood Azhar. Azhar is closely
connected with the Binori Seminary, the largest Deobandi madrassa in Pakistan, and was released on
December 31, 1999, from an Indian prison in a hostage swap after the hijacking of the Indian
Airlines Flight IC 814 to Kandahar, Afghanistan. The rise of the JeM has been rapid. The first of its
more dramatic strikes occurred on April 23, 2000, when a youth rammed a car laden with explosives
at the gates of the local army headquarters at BadamiBagh in Srinagar. The attack was the first
suicide bomb attack in J&K. The Jaish has also claimed credit for the rifle grenade attack on the J&K
Secretariat building in Srinagar on June 28, 2001; and the attack on the State Legislative Assembly
complex at Srinagar on October 1, 2001, using a car bomb – 38 people, including four fidayeenwere
killed in the latter. The JeM and the LeT are both closely connected with Osama bin Laden’s Al
Qaeda.
The HuM is numerically the largest group in J&K, accounting for up to 60 per cent of the total
terrorist cadres in the State, though Indian intelligence considers it to be responsible for only about
10 to 20 per cent of current terrorist strikes. The HuM was founded in 1989 as the militant wing of
the Jamaat-e-Islami on the prodding of the ISI, as an Islamic counter to the relatively indigenous and
secular JKLF. The group is headed by Syed Salahuddin, who is located at Islamabad, Pakistan. The
HuMwas responsible for setting fire to the Muslim shrine of Charar-e-Sharif in 1995 and
collaborated with the LeT in the Chattisinghpora massacre. It has also killed several moderate
Among the proliferation of terrorist organisations in India’s troubled Northeast, two stand out in
significance: the United Liberation Front of Asom (ULFA) that seeks the seccession of Assam, and
the National Socialist Council of Nagalim (Isak-Muivah) [NSCN-IM] that has taken over the
leadership of the longest insurgency in the region, seeking Naga independence. While violence by
both these groups has seen a recent decline, their influence in the region is overwhelming. They run
widespread networks of extortion, drug smuggling and other criminal activities, and also control
substantial ‘overground’ business operations. The NSCN-IM has been engaged in negotiations with
the Union Government under a ceasefire agreement that has been in place since August 1997. The
ULFA has consistently rejected possibilities of a negotiated settlement. The ULFA and the NSCN-
IM have, however, continued to extend their spheres of influence in the Northeast region through
low-grade violence as well as by training and arming a large number of other terrorist and proxy
groups, and are supported by the ISI in their activities. However, no Northeastern terrorist
organisation has, till now, sought to extend its sphere of operations outside the region.
The Islamist groups operating with Pakistani support in Kashmir, however, do have a clear pan-
Islamist agenda, and are known to have created a network of terrorist cells in a number of other
States in India. While an occasional and dramatic strike has been engineered in various cities,
including notably, Delhi, Bombay, Coimbatore and Hyderabad over the past decade, they are yet to
secure any noticeable and persistent impact on normal life in any of these areas.
LeT, JeM, HuM, and ULFA were among the 23 organisations banned under the Prevention of
Terrorism Ordinance promulgated on October 24, 2001. The immediate consequences of this
Ordinance are expected to be negligible.
With vulnerable neighbour and few anti social elements in our own country, India has been attacked
many times by terrorist groups. But with lively spirit every time country stand up and ridicule the ill
intention of these radical groups. We will talk about 10 worst terrorist attacks in India and causalities
of life in those attacks.
5
http://top10wala.in/deadliest-worst-terrorist-attacks-in-
One attacker Kasab was arrested and 9 others were killed by police and NSG commandos in a long
battle. This was the worst terrorist attacks in India. The attack was conducted by Pakistan based
militant organisation Lashkar-E-Taiba and mastermind was Hafiz Saeed.
Causalities- Total 166 Person died and 293 were injured in this attack which includes Indian and
Foreigners both.
What Happened- Mumbai has always been on Terrorist and Gangsters point. On March 1993 a series
of blast took place in Mumbai which shook our country. These coordinated attacks were deadliest in
Indian history. The attacks were coordinated by Dawood Ibrahim, don of the Mumbai-based
international organised crime syndicate named D-Company.
Locations where bomb explosion took place were – Fisherman’s Colony in Mahim causeway, Zaveri
Bazaar, Plaza Cinema, Century Bazaar, Katha Bazaar, Hotel Sea Rock, Sahar Airport, Air India
Building, Hotel Juhu Centaur, Worli, Bombay Stock Exchange Building, Passport Office.
Causalities- 257 People Died in this attack and 713 were injured.
What Happened- Two Terrorist Murtuza Hafiz Yasin and Ashraf Ali Mohammed Farooq who
belonged to Terrorist group Lashkar-E-Taiba and Jais-e-Mohammad entered into
AkshardhamTemple around 3 PM with automatic weapons and hand grenades. They started firing on
men women and children. Both the terrorist were gunned down by NSG commandos by the night.
A letter was later found which stated that these attacks were in revenge of 2002 Gujarat riots. This
kind of attack was never seen before in India and it was labelled as one of the deadliest terrorist
attacks in India.
What Happened- Just two days before Diwali a series of 3 bomb blast took place in capital of India.
This was a serial blast conducted by Pakistan based Terrorist organization Islamic Revolutionary
Front. Two bombs were exploded in main market of city – Sarojini Nagar and Paharganj. Third blast
took place in a bus in govindpuri.
The Govindpuri attack’s causalities were minimized because of passengers and conductor’s
awareness who identified suspicious bag and started rescuing people from bus. The attack in both
market were more deadly as it was Dhan-Teras a shopping time for festivals.
Causalities- 63 people died and 210 person were injured in this attack.
What Happened- Series of 7 Bomb blast took place in Mumbai Local train on 11 Juy 2006. This was
biggest terrorist attack after 1993 Blast in Mumbai. All bombs were planted in first class coach of
local trains inside a pressure cooker. After series of investigation it was found that Indian
Mujahideen a banned terrorist organization was responsible for these attacks.
The bombs were exploded at or in the near vicinity of the suburban railway stations of Matunga
Road, Mahim, Bandra, Khar Road, Jogeshwari, Bhayandar and Borivali.
Causalities- 210 People died and around 715 were injured in these bomb blasts.
What Happened- A series of nine synchronized bomb blast took place in Jaipur in a span of 15
minutes. A tenth bomb was also found and defused by authority. This was a shocking incident for
India as Jaipur was never targeted by Terrorist before and its is one of India’s most popular tourist
destination. One of the bomb was exploded near Hawa Mahal – an iconic monument of India.
Initial police investigations suggested the involvement of several Islamic militant organizations like
Bangladesh-based Harkat-ul-Jihad-al-Islami, Student’s Islamic Movement of India or Pakistan-based
Lashkar-e-Toiba. Concerns are also being raised about the possible involvement of al-Qaeda.
Bomb blast took place in 6 different locations Bari Choupar, Manak Chowk Police Station
area, Johari Bazar, Tripolia Bazar, ChotiChoupar, Kotwali area. This blasting was synchronized in
such a way that attacker knew where people will run next after blast at one place and when those
terrified public run towards safer place, an explosion took place there.
At the time of attack more than 100 politicians including then Home minister L K Advani
and Minister of State for DefenceHarin Pathak were in building. This was one of the most horrific
terrorist attacks in India.
What Happened- On February 1998 an Islamist Fundamentalist group Al Ummah conducted a series
of 12 Bomb blast at 11 different locations in Coimbatore. Main target of this attack was BJP leader L
K Advani who was in the city for election meeting. Most of the blasts were planted at hindu
dominating areas due to which the majority of the victims were Hindus. Main aim of the blast was to
disrupt the harmony and commercial progress of city.
Causalities- More than 200 were injured and 60 people were died.
What Happened-On 1 October 2001 the militants belonging to Jaish-e-Mohammed carried out an
attack on the Jammu and Kashmir State Legislative Assembly complex in Srinagar using a car bomb
and three fidayeen suicide bombers.38 people and three fidayeen were killed in this attack
7
Today, Indian government is training a number of anti-terrorism officers who primarily hold policy
advisory and planning positions at places that are frequently threatened by terrorist invasions, where
they sort out several issues related to critical intimidations. These ATOs are trained vigorously to
protect national security and have to take up operational counter-terrorism roles. Their training level
and experience must be above military field training. In addition to this educational and personal
background they are supposed to formulate and implement influential strategies to prevent possible
terrorist threats by securing national possessions.
Additionally, those on the senior level need to implement apt measures and must understand how to
effectively manage and deal with these sensitive issues before we come across any such hypothetical
situation becoming a reality. Personnel in this field are required to have the knowledge necessary for
strategic security industry. Anti terrorism studies require in-depth understanding of explosives,
weapons of mass destruction, extremism and terrorist techniques to prevent their operations.
As international violence and terrorist activities are increasing, our government and military actions
are focusing on introducing practical strategies such as planning, prevention and resolution. These
anti-social activities tend to increase but these advanced anti terrorism education can help our
country meet the challenging security problems.
The state police and its intelligence set-up Under India's federal Constitution, the responsibility for
policing and maintenance of law and order is that of the individual states. The central government in
New Delhi can only give them advice, financial help, training and other assistance to strengthen their
professional capabilities and share with them the intelligence collected by it. The responsibility for
follow-up action lies with the state police.
7
http://www.articlesbase.com/politics-articles/india-steps-against-terrorism-47
The IB collects terrorism-related intelligence inside the country and RAW does it outside. The DIA
and the intelligence directorates general of the armed forces essentially collect tactical intelligence
during their counter-terrorism operations in areas such as Jammu and Kashmir, Nagaland, etc, where
they are deployedPhysical security agencies:These include the Central Industrial Security Force,
responsible for physical security at airports and sensitive establishments.
PARAMILITARY FORCES: These include the Central Reserve Police Force and the Border
Security Force, which assist the police in counter-terrorism operations when called upon to do so.
THEARMY:Their assistance is sought as a last resort when the police and paramilitary forces are
not able to cope with a terrorist situation. But in view of Pakistan's large-scale infiltration in Jammu
and Kashmir and the presence and activities of a large number of Pakistani mercenaries, many of
them ex-servicemen, the army has a more active, permanent and leadership rolein counter-terrorism
operations here. What India is facing in J&K is not just terrorism, but a proxy war being waged by
the Pakistani Army through its jihadisurrogates.
The Success Of Indian Forces Over terrorism:*There is peace in Nagaland with a duly elected
government promoting the economic development of the state. Only a small group of Nagas from the
bordering areas of Manipur has not yet given up arms, but it is observing a cease fire and negotiating
with the government.*There has been peace in Mizoram for nearly 20 years now.
*There has been peace in Punjab since 1995.However, terrorists has not yet given up its efforts to re-
kindle terrorism in Punjab through some terrorist leaders and hijackers given sanctuary in its
territory.
The Ananda Marg has been dormant since 1995.As the economic and social development of the
Terrorism has immensely affected India. The reasons for terrorism in India may vary vastly from
religious cause and other things like poverty, unemployment and not developed etc.
The Indian Supreme Court took a note of it in Kartar Singh v. State of Punjab 8where it observed that
the country has been in the firm grip of spiraling terrorist violence and is caught between deadly
pangs of disruptive activities.
Anti-terrorism laws in India have always been a subject of much controversy. One of the arguments
is that these laws stand in the way of fundamental rights of citizens guaranteed by Part III of the
Constitution. The anti-terrorist laws have been enacted before by the legislature and upheld by the
judiciary though not without reluctance. The intention was to enact these statutes and bring them in
force till the situation improves. The intention was not to make these drastic measures a permanent
feature of law of the land. But because of continuing terrorist activities, the statutes have been
reintroduced with requisite modifications.
8
[1994] 3 SCC 569,
The UAPA was designed to deal with associations and activities that questioned the territorial
integrity of India. The ambit of the Act were strictly limited to meeting the challenge to the territorial
integrity of India. The Act was a self-contained code of provisions for declaring secessionist
associations as unlawful, adjudication by a tribunal, control of funds and places of work of unlawful
associations, penalties for their members etc. The Act has all along been worked holistically as such
and is completely within the purview of the central list in the 7th Schedule of the Constitution.
The second major act came into force on 3 September 1987 was The Terrorist & Disruptive
Activities (Prevention) Act 1987 this act had much more stringent provisions then the UAPA and it
was specifically designed to deal with terrorist activities in India. When TADA was enacted it came
to be challenged before the Apex Court of the country as being unconstitutional. The Supreme Court
of India upheld its constitutional validity on the assumption that those entrusted with such draconic
statutory powers would act in good faith and for the public good in the case of Kartar Singh vs State
of Punjab (1994) 3 SCC 569. However, there were many instances of misuse of power for collateral
purposes. The rigorous provisions contained in the statute came to be abused in the hands of law
enforcement officials. TADA lapsed in 1995.
Other major Anti-terrorist law in India is The Maharashtra Control of Organised Crime Act, 1999
which was enforced on 24th April 1999. This law was specifically made to deal with rising
organized crime in Maharashtra and especially in Mumbai due to the underworld. For instance, the
definition of a terrorist act is far more stretchable in MCOCA than under POTA. MCOCA mention
organized crime and what is more, includes `promotion of insurgency' as a terrorist act. Under the
Maharashtra law a person is presumed guilty unless he is able to prove his innocence. MCOCA does
not stipulate prosecution of police officers found guilty of its misuse.
The POTA, 2002 clearly defines the terrorist act and the terrorist in Section 3 and grants special
powers to the investigating authorities under the Act. In the case of People's Union for Civil
Liberties Vs. Union of India (UOI)9the constitutional validity of the Prevention of Terrorism Act,
2002 was discussed. The court said that the Parliament possesses power under Article 248 and entry
97 of list I of the Seventh Schedule of the Constitution of India to legislate the Act. Need for the Act
is a matter of policy and the court cannot go into the same.
It would however be simplistic to suggest, as some critics did, that the new law has retained all the
operational teeth of Pota or it has made only cosmetic changes. The difference between Pota and
UAPA is substantial even as a lot of provisions are in common.
After having done the analysis of the research, the researcher came to the conclusion that terrorism
is the systematic use or threatened use of violence to intimidate a population or government for
political, religious, or ideological goals. The state of J&K and the northern part of india is terrorism
prone. The major terrorist group operating in India are: Lashkar-e-Toiba (LeT), Jaish-e-Mohammad
(JeM) and Hizb-ul-Mujahiddeen (HuM, the United Liberation Front of Asom (ULFA) ,National
Socialist Council of Nagalim (Isak-Muivah) [NSCN-IM] and the left wing extremist that are called
Naxalites .the steps taken by the government are sufficient to control the present condition of
terrorism. But the legislation should be given more power to create some strict law and the laws
created should not be held unconstitutional. All these organizations must keep in mind that
provisions are there in the constitution where reasonable restrictions can be enforced even upon the
liberty of people and there is need to stringent law to tackle the terrorism.
1) Websites:-
http://www.satp.org/satporgtp/ajaisahni/Pink161101.htm
http://palpable-lines.blogspot.in/2008/11/steps-to-control-terrorism-in-india.html
http://top10wala.in/deadliest-worst-terrorist-attacks-in-
http://sanathanau.blogspot.in/2013/06/terrorism-cause-effects.html
http://www.articlesbase.com/politics-articles/india-steps-against-terrorism-47
http://www.legalservicesindia.com/article/article/anti&-8208-terrorism-laws-in-india-382-
1.html
2) Journals
Vidhigya: The Journal of Legal Awareness Year : 2009, Volume : 4, Issue : 2 Print ISSN :
0973-3825.