Counter Terrorism in India

By K. Manoggnya Reddy

Published On: October 22, 2021 at 12:06 IST

Introduction

An act of terrorism is a violent and unlawful method of achieving a specific goal or objective. It can affect various spheres of human life. Terrorism is an antique meaning of Independence that has been rendered meaningless. It has been inspired by various political and ideological factors that threaten the destruction of the social fabric of India. Thus it is because very important to check the activities of terrorist groups to ensure that the citizens can freely exercise their rights both political and economic.

India in the past has faced many terrorist attacks. 2017 Amarnath Yatra attack in Jammu and Kashmir, 2016 Uri attack, 2008 Mumbai attacks were some of the most violent terrorist attacks perpetuated by the terrorist Agencies to instill intermediation among the citizens of India. Terrorism found in India includes Ethni-Nationalist terrorism, Religious terrorism, left-wing terrorism, Narco terrorism, and cross-border terrorism. The parts of India seriously impacted by terrorism include Jammu and Kashmir, the North-East Indian states, and parts of Central India where Maoists remain active.

Terrorism in India

The ability to easily access sophisticated weapons and disrupt the flow of funds through the internet especially due to the loopholes in cyber security has been proven to be very helpful for terrorists. These acts in turn provide funds for the circulation of DIY kits that can be used to make bombs and execute beheadings.

This combination of elements and terrorism has made it the most preferred means of waging war. Despite this obvious grave threat, the international community is not reaching a consensus on how to combat this threat collectively.

The fissures between the various strands of violent extremism and terrorism have been met with overwhelming resistance even regarding the adapting of the same common definition between them.

India’s rendezvous with terrorism can be traced back to the partition of India where it was divided into two nations, which happened in 1947, for reasons such as they attempt to create a religious divide between the citizens.

During the course of the last century, the sub-continent witnessed some of the most horrific ethnic riots in modern history which were marked as extreme violence and terrorism.

After the partition, Hari Singh, the former governor of J and K, formally acceded to India. However, this act of accession has not been recognized by Pakistan and claims its take on the Muslim majority region of J&K.

The dispute over the region has been the subject of a long-standing conflict between India and Pakistan. Both the nations have actively rejected the other’s claims.

Further, India views Pakistan as a sponsor of militant activities and cross-border terrorism in order to destabilize the state of J&K and even targeting other parts of the country.

The causes of terrorism and insurgency are often linked to various factors such as political, religious, ethnic, ideological, linguistic, or socioeconomic grievances.

Effect of Terrorism in India

The effects of war and terrorism on the economy are always negative. In general, the terrorists target the productive resources of the country which may provide services to the country.

These terrorists carry out various attacks on various infrastructure properties such as telecommunication towers, roads, mines, schools, and bridges.

Several times Maoists attacked Road Construction sites in the country. They damaged the vehicles and equipment used in the work.

The incident, which took place on March 13, 2018, in the Sukma district of Chhattisgarh, was the Maoists’ clear attempt to disrupt the road construction being laid in the area.

Terrorist activities can disrupt the flow of tourists in India. This was the case after the attack on Mumbai in November 2008. There were 12 coordinated shootings and bombings attacks that killed 164 people in four days which then significantly impacted the foreign arrivals in India. In 2009, the number of foreign tourists visiting India decreased by almost 3.3 percent. This drop-in the tourist arrivals had a negative effect on the country’s economy.

In 2008, the terrorists who carried out the attacks in Mumbai targeted iconic places such as the Taj Palace Victoria Railway Station and the Oberoi Hotel. These targets were selected with the intention of destroying the cultural spaces and rights of the people.

Counter terrorism in J&K

The partition of India was based on the concept of the Two-Nation Theory. In his argument for partition, the founder of Pakistan Jinnah believed that the logic of the partition dictated that Kashmir should accept Pakistan which is and has been a flawed logic.

India viewed partition as an unnecessary and tragic act. It eventually concluded that it was a secular State. Pakistan, in its view of partition, was inevitable and necessary but not completely fundamental. Never reconciled to the reality of partition, Pak has been abetting and aiding terrorism in the State.

What started as a simple disaffection with regards to the Pak-supported proxy war has now turned into a full-fledged war.

The terrorists have been able to create a reign of terror across the borders with the support of their mentors. Even as the people of J&K yearn for peace, they have been stained with the bloodstains of innocent civilians. The Indian Army has done yeoman’s service to the country by conducting successful counter-terrorist operations. This is a vital aspect of the Indian Army’s mission and it provides much-needed assistance to the common man.

Through the civil administration, it is our goal to restore stability and peace to the State. The Indian Army is committed to bringing down the levels of violence in the country so that it can create a secure environment for the smooth development of the economy and the people.

The situation in J&K has gradually improved over the years, which is a positive sign for the region. The security environment has shifted significantly in favor of the Security Forces. The operations conducted by the Security Forces have resulted in a conducive environment for the development of the local government areas.

The counter-infiltration measures have severely affected the operations of the terrorists, as they have been unable to retain their dwindling ranks due to the effective use of counter-infiltration measures.

The decline in violence has led to a reduction in the number of attacks carried out by terrorists. This is a positive sign for the overall situation in Kashmir. The people are longing for peace. The Army’s strategy of using ‘Iron Fist in a Velvet Glove’ is paying rich dividends.

The operations are carried out with the objective of achieving maximum efficiency and minimize the impact on the local populace. The main objective of the operations is to disrupt terrorist infrastructure and hideouts. As a result, various hideouts were destroyed and huge arms caches were recovered.

Counter-terrorism methods against Jihadist Terrors

Architecture of National Security

There are two forms of counter terrorist activities: criminal justice counter terrorism and militaristic counter terrorism. The former focuses on the investigation of crimes within a law enforcement framework, while the latter refers to the use of force or arms against terror. Currently, India has adopted both styles of measures.

Because of its heterogeneous and very size of the country, the Indian Constitution has a wide variety of powers granted to it. This includes the ability to control the maintenance of law and order, which is a state subject. Howsoever, The federal structure of Indian polity and its various components make it difficult for the country to effectively police terrorism.

Despite the Constitution’s provisions, the government has raised seven paramilitary forces to be deployed for law and order duties. These are the seven paramilitary forces formed in 1986 following the operation Blue Star. Some of them are the Assam Rifles, the Central Research Police Force (CRPF), the Indo-Tibetan Border Police (ITBP), the Border Security Force (BSF), Central Industrial Security Force (CISF), and the National Security Guard (NSG).

As per the Indian army’s personnel, the number of people in its ranks is about 1.2 million. However, the number of CPMFs is over 1.3 million. The Central Reserve Police Force, also known as the CRPF, performs a wide range of duties, which include the management of law and order and counter-insurgency in India. While the BSF and the ITBP are mainly deployed for border security, they also play a vital role in counter-insurgency operations in regions such as the Maoist-infested areas and Kashmir.

Anti-terror Laws

The policing in India is fraught with many difficulties. The country’s legal structure was inherited from the colonial era. Many organizations, including the military and police, contribute to India’s counter-terrorism efforts. The country’s Ministry of Home Affairs oversees various national and domestic security agencies.

The Unlawful Activities Act of India (UAPA) is the main legislation to deal with terrorism. Other laws dealing with the same issue are also used in different parts of the country. The Terrorist and Disruptive Activities (Prevention) Act, 1987, which was the first anti-terrorism law, was allowed to lapse in 1995. However, it was then scrapped in 2004 following several allegations of abuse. However, in 2004, the Prevention of Terrorism Act was enacted.

The initial concept of the UAPA was followed by an amendment to the existing UAPA. Experiments conducted by India with TADA, POTA, and UAPA have failed to produce desired results. There have been allegations that the laws against terrorism are being used to harass religious groups or communities.

In its 2008 report, the Second Administrative Reforms Commission (ARC) of India noted that a comprehensive and effective framework for dealing with terrorism should be enacted. The Second Administrative Reforms Commission (ARC) of India presented in its report in 2008 that:

“A comprehensive and effective legal framework to deal with all aspects of terrorism needs to be enacted. The law should have adequate safeguards to prevent its misuse.”

Conclusion

India’s response to terrorism has been characterized by ad-hocism and the creation of new agencies and meta-institutional reforms. This has led to the erosion of the states’ law and order responsibilities. Political expediency further complicates the problem.

The state governments’ focus on their survival in power is making it difficult for them to look at the bigger picture and formulate a long-term strategy. The internal security system of the country is fragmented and poorly coordinated. There are numerous agencies and divisions within the various government institutions.

The rise of central paramilitary forces has raised concerns about their coordination. Although the central and state agencies have various mechanisms for coordinating their activities, these often are slow.

One of the major shortcomings in India’s counter-terrorism strategy is the institutional divide between the central and state governments on how to counter-terror.

The concept of establishing the National Counter-terrorism Center has failed to take off due to various factors that have prevented it from achieving its intended objective.

Strong anti-terror legislation is needed in India to address the issue of terrorism, but the country cannot look for an early resolution of the problem.

The fight against terrorism can be initiated by focusing on the most critical areas of intelligence and policing. This is why effective counter-terrorism activities must be carried out in a way that is both proactive and comprehensive. The gains that have been made in the fight against terrorism must not be jeopardized or reversed simply due to inaction.

ABOUT THE AUTHOR:

K. Manoggnya Reddy is a student of BBA.LLB at ICFAI Law School. She is the kind of person who is hardworking not to achieve dreams but to collide with the reality. She is a typical student who likes to keep being positive most of the time. Achieving good results is her motivational drive. She is excited to improve and correct her mistakes. She took up law studies to achieve a stable career and now thriving to achieve the respect that she deserves from the society and to give the service the society deserves in return.

Edited by: Aashima Kakkar, Associate Editor, Law Insider

References

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