COUNTRY REPORT: INDIA
D. K. Pathak*
I. TERRORISM DEFINED
Before we proceed on any deliberation on the subject it would be desirable to know what is terrorism. It
is believed that social scientists are yet to agree on a clear cut definition of terrorism. However, the so called
academic consensus definition written by A. P. Schmid and widely used by social scientists and within theUN itself is Terrorism is an anxiety-inspiring method of repeated violent action, employed by (semi) clandestine
individuals, groups or state actors, for idiosyncratic, criminal or political reasons, whereby – in contrast toassassination – the direct targets of violence are not the main targets. The immediate human victims ofviolence are generally chosen randomly (targets of opportunity) or selectively (representative or symbolictargets) from a target population, and serve as message generators. Threat and violence based
communication processes between terrorists (organisation), (imperilled) victims, and main targets are used
to manipulate the main target (audience(s)), turning it into a target of terror, a target of demands, or a targetof attention, depending on whether intimidation, coercion or propaganda is primarily sought.
In India section 15 of the Unlawful Activities (Prevention) Amendment Ordinance, 2004 defines terrorist
act as “whoever, with intent to threaten the unity, integrity, security or sovereignty of India or to strike
terror in the people or any section of the people in India or does any act by using bombs, dynamite or otherexplosive substances or inflammable substances or firearms or other substances (whether biological orotherwise) of a hazardous nature, in such a manner as to cause or likely to cause death of or injuries to any
person or persons or loss of or damage to or destruction of property or disruption of any supplies or services
essential to the life of the community in India or causes damage or destruction of any property or equipmentused or intended to be used for the defence of India, any State government or any of their agencies ordetains any person or threatens to kill or injure such person in order to compel the government of India or
any other person to do so or abstain from doing any act, commits a Terrorist act”.

II. TERRORISM IN INDIA
India has been among the major victims of terrorism – mostly cross border state sponsored Terrorism for over two decades. Despite the intolerably high cost in terms of human lives, people and material, India
has steadfastly pursued a counter strategy which gives primacy to dialogue, democratic political processes
and the rule of law.
Armed counter actions are based on the doctrine of “minimum use of force” within the framework of theconstitution which guarantees human rights. The magnitude of the problem of terrorism in India could begauged by the violence statistics as given in Appendix A.

III. INDIAN INITIATIVES
To deal with the problems of terrorism India has taken several initiatives at various levels.

A. At the International Level• India has been supportive of all efforts, particularly in the UN to combat terrorism and has played aleading role in shaping international opinion and urging the international community to prioritize thefight against terror. Its consistent and basic stand before the international community has been that•

There could be no justification for terrorism on any grounds: religious, political, ideological or anyother.

•The fight against terrorism must be given the highest priority•

To be effective, the fight against terrorism has to be long term, comprehensive and sustained.

* Inspector General of Police (Law & Order) Assam Police Headquarters, India.

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RESOURCE MATERIAL SERIES No.71•Strengthening of international cooperation is vital to ensure that action is not restricted simply to theperpetrators but also encompassed states, which sponsor, support, or provide safe haven toterrorists.

•Ad hoc and selective actions have limited chances of success and compartmentalization of actions interms of regions, religions or organizations is bound to be counterproductive.

B. Multi-Lateral Arrangements and Agreements• It welcomed UN Security Council Resolution 1373 and is fully committed to implement it. It has
submitted its national report on measures taken to implement UN Security Council Resolution 1373
in December 2001 and also submitted a supplementary report on specific queries by the Counter
Terrorism Committee under the Security Council.
•It is signatory to all the thirteen UN Sectoral Conventions on Terrorism. It has been supportive of all
measures within the UN General Assembly, the sixth Committee and the UN Security Council. Ithas supported UN Security Council Resolution 1269 and 1368, which clearly identify terrorism as athreat to international peace and security. In addition, India has supported and fully implemented
Resolutions 1267, 1333 and 1363 relating to terrorism by the Taliban Regime in Afghanistan.

•It has piloted the comprehensive Convention on International Terrorism (CCIT) in the UN with theobjective of providing a comprehensive legal framework to combat terrorism.

C. Regional Arrangements• At the regional level, India is a party to the SAARC Regional Convention on Suppression ofTerrorism 1987 and has enacted the enabling legislation in the form of the SAARC Conventions(Suppression of Terrorism Act) 1993.
•The ASEAN Regional Forum (ARF) was set up in 1994 as a regional security dialogue platform withten ASEAN countries of which India is also a member.

D. Bilateral Arrangements
India has entered into three types of bilateral treaties to combat international terrorism•Agreements to combat terrorism and organized crimes, drug related offences, etc. such agreements
are essentially framework agreements to facilitate the exchange of operational information anddevelopment of joint programmes to counter organized crimes and terrorism•Extradition Treaties to facilitate transfer of fugitive offenders and suspected terrorists. Such treaties
have been signed with seventeen countries, signed but not exchanged with eight countries inaddition to extradition arrangements with eleven countries.

•

B i l a t e r a l T r e a t i e s o n M u t u a l L e g a l A s s i s t a n c e ( M L A T s ) in criminal matters to facilitate
investigation, collection of evidence, transport of witnesses, location and action against proceeds ofcrime, etc. Such MLATs have been signed with ten countries in addition to those signed but notexchanged with nine countries.

E. Mechanism of Interpol• In addition to the above, cooperation on matters relating to terrorism is also effected through themechanism of Interpol, of which India has been a member since 1946; there is an Indian member on
secondment to Interpol. The nodal point for coordination with Interpol at the central level is the CBIIV. LEGAL REGIME IN INDIAIn keeping with the requirement of dealing with the menace of terrorism, India has put in place acomprehensive legal infrastructure. There are several pieces of legislation, of which some of them are listed
below(i)(ii)

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The Unlawful Activities (Prevention) Act, 1967
The Armed Forces (Special) Powers Act, 1967

132ND INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERS(iii) The National Security Act, 1980(iv) The Arms Act, 1959(v) The Explosives Act, 1884(vi) The Explosives Substance Act, 1908(vii) The Indian Penal Code, 1860(viii) The Code of Criminal Procedures, 1973(ix) The Anti-Hijacking Act, 1982(x) The Prevention of Money Laundering Act, 2002
It would be relevant to highlight some of the penal provisions of one or two pieces of legislation dealing
with the acts of terrorism.

A. The Unlawful Activities (Prevention) Act, 1967
This Act was enunciated by the Indian Parliament in 1967 to make powers available to the law
enforcement agencies for dealing with unlawful activities directed against the integrity and sovereignty ofIndia. It provides for effective prevention of certain unlawful activities of individuals and associations
including terrorist organizations. It extends to the whole of India.
Sec. 3 Sec. 16 Sec. 17 Sec. 18 Sec. 19 Sec. 33 Sec. 40 -Power of the Government of India to declare an association as unlawful.
(The list of the terrorist organizations banned under this Act is given under Appendix B)
Punishment for terrorist acts – death or imprisonment for life as the case may be andliable to a fine.
Punishment for raising funds for terrorist acts – imprisonment for life and also liable to afine.
Punishment for conspiracy – imprisonment from five years to imprisonment for life andliable to a fine.
Punishment for harbouring, etc. – imprisonment from 3 years to imprisonment for lifeand liable to a fine.
Forfeiture of property of certain persons during trial and conviction.
Offence of raising funds for a terrorist organization - imprisonment up to fourteen years
or with a fine or both.

B. The National Security Act, 1980
The Act came into force in 1980 with a view to providing power to the Central Government and State
Governments to make orders to detain certain persons including foreigners whose action may be prejudicial
to the defence of India, security of India, prejudicial to the maintenance of public order and maintenance ofsupplies and services essential to the community.
Sec. 3 –(3) Detention period – in the first instance exceed three months but the State Government
may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend
such period from time to time by any period not exceeding three months at any one time.
Sec. 9 Constitution of Advisory Boards.
Sec. 11 Procedure of Advisory Boards.
Sec. 13 Maximum period of detention: 12 months.
C. Prevention of Money Laundering Act, 2002
Sec. 2 Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly isa party or is actually involved in any process or activity connected with the proceeds ofcrime and projecting it as untainted property shall he guilty of the offence of money
laundering.
Sec. 4 Punishment for money laundering.
Sec.5&8 - Deals with provisional attachment and confiscation.
Sec. 19 Power of arrest.
Sec. 24 Puts the burden of proof on the accused.
Sec. 45 Offences cognizable, non-bailable and limitation on granting bail.
Sec. 72 Provides for continuance of proceedings in the event of death or insolvency.
D. Armed Forces (Special) Powers Act, 1967
(Salient features – without replicating the wording in the Act)

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RESOURCE MATERIAL SERIES No.71

Sec. 3 Sec 4 -The whole or any part of the country/state can be declared as a disturbed area by thecentral government or the governor of the state* Special powers can be utilized by any commissioned officers, non-commissionedofficers, warrant officers or any other person of the equivalent rank
* Authorizes use of force, even causing death against any person who is acting incontravention of law or carrying weapons*Authorizes the destruction of any arms dumps, prepared or fortified positions fromwhich armed attacks are made or likely to be made* Authorizes arrest without warrant of any person who is suspected to have committed
or likely to commit any cognizable offence. May even use such force as necessary toeffect the arrest* Enter and search without warrant any premises suspected to be used for any illegalpurposes as defined under the Act* Arrested person to be handed over to the officer in charge of the nearest police station
with the least possible delay

The above provisions confer sweeping powers on the members of the armed forces and since they
are likely to be misused the Supreme Court of India has issued eleven commandments regulating theexercise of powers under this Act.

V. SUGGESTED MEASURES TO COMBAT TERRORISM
A. It must be understood fully that while anti-terrorism is a philosophical anti-thesis that emerges from apainstaking examination of the concept of terrorism as well as an attempt to understand and articulate
what constitutes terrorism, counter terrorism refers to the practices, tactics, and strategies thatgovernments, the military and other groups adopt in order to combat terrorism. A few of the strategies,
apart from the legal recourse, which may be adapted to combat insurgency are:
1. A clearly defined policy and no compromise with terrorism
2.

Dialogue with insurgents only within the ambit of the Constitution3.

Pro-active measures, including (if necessary) pre-emptive strikes on anti-terrorist camps and bases

4.

Strengthening of existing anti-terror laws

5.

Punitive action against sympathizers, beneficiaries of terrorism and funding sources

6.

Strengthening of mechanisms such as psychological warfare in order to combat terror. Suchmechanisms must be decidedly pro-active

7.

Creation of and the joining in anti-terror cooperative groups in the region such as Shanghai
Cooperation Organisation

8. Spearhead a global denouncement and alienation of states sponsoring or not acting against terror.
Non-distinction of terror perpetrated by religious groups
B. Talking of the legal regime to combat insurgency, a decision needs to be taken at all levels, including
under the UN mandate, as to the extent to which the personal liberties of citizens can be compromisedvis-à-vis the implementation of the various legal provisions already in vogue. Most of the time the war
on the legal count against the Ultras is lost because of extreme sensitivity of our system to the alleged
violation of personal liberties. A balance has to be arrived at between both aspects.
C. At the end, what is required is a will to win the war over terrorism backed up by strict enforcement ofexisting laws at the National and International level. Any system as it marches ahead reveals certain
lacunae and loopholes, which in the instant case affords the terrorists an advantage and ultimately ingetting away rather mildly. There should be parity in the norms to be adopted by different countries atthe international level when it comes to protecting the national interest.

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132ND INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERS

APPENDIX A
Violence Statistics (2001 -2005)• Total Number of Incidents
J&K
LWE
NE
Punjab
Total

16394
7290
6294
429982• Attacks on Security Forces
J&K
LWE
NE
Punjab
Total

3439
830
1728
Nil2879• Total Persons Killed
J&K
LWE
NE
Punjab
Total

13404
2752
5387
521548• Civilians Killed
J&K
LWE
NE
Punjab
Total

4253
1457
2345
58060

• Security Forces Killed
J&K
LWE
NE
Punjab
Total

2098
545
612
Nil3255• Terrorists Killed
J&K
LWE
NE
Punjab
Total

7053
750
2430
Nil10233

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RESOURCE MATERIAL SERIES No.71• Weapons Recovered
J&KLWENE
Punjab
Total

9427
2765
2640
256
15088

Abbreviations used:
J&K
Jammu and Kashmir
LWE
Left Wing Extremism
NE
North Eastern States of India

Note:

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The above statistics are not complete for 2005 and hence, they are only indicative.

132ND INTERNATIONAL SENIOR SEMINARPARTICIPANTS’ PAPERS

APPENDIX BTERRORIST ORGANISATIONS BANNED IN INDIA
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.

Babbar Khalsa International
Khalistan Commando ForceKhalistan Zindabad Force
International Sikh Youth Federation
Lashkar – E – Taiba/Pasban- E- Ahle Hadis
Jaish-E-Mohammad
Harkat-Ul-Mujahideen/Harkat-Ul-Ansar/Harkat Ul-Jehad-E-IslamiHizb-Ul-Kujahideen
Al-Umar-Mujahideen
Jammu and Kashmir Islamik Front
United Liberation Front of Assam (ULFA)National Democratic Front of Bodoland (NDFB)
Peoples Liberation Army (PLA)
United National Liberation Front (UNLF)
Peoples Revolutionary Party of Kangleipak (PREPAK)
Kangleipak Communist Party (KCP)
Kanglei Yaol Kanba Lup (KYKL)
Manipur Peoples Liberation Front (MPLF)
All Tripura Tiger ForceNational Liberation Front of Tripura
Liberation Tigers of Tamil Elam (LTTE)
Students Islamic Movement of India
Deendar Anjuman
Communist Party of India (M-L)- Peoples War Group and all its formations and front organizations
Maoist Communist Centre (MCC) and all its formations and front organizations
AlbadrJamiat-Ul-Mujahideen
Al-qaida
Dukhtaran-E-Millat (DEM)
Tamil Nadu Liberation Army (TNLA)
Tamil National retrieval Troops (TNRT)
Akhil Bharat Nepali Ekta Samaj (ABNES)

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RESOURCE MATERIAL SERIES No.71

APPENDIX CSUMMARY OF COUNTER-INSURGENCY OPERATIONS IN ASSAMFROM 1 JANUARY 2000 TO 2005 (UP TO 25 DECEMBER)

Year

2000

2001

2002

2003

2004

2005
(up to25. Dec)

TOTAL

60

Insurgent
Killed

328

308

322

276

135

75

1444

Insurgent
Captured

1535

912

715

1024

1080

784

6050

Arms/Ammn./ Cash
Recovered
Arms

371

Ammn.

5266

Rs.

17,70,256

Arms

410

Ammn.

6842

Rs.

4,36,664

Arms

365

Ammn.

6686

Rs.

9,07,138

Arms

456

Ammn.

20488

Rs.

11,21,184

Arms

349

Ammn.

9623

Rs.

8,92,494

Arms

196

Ammn.

6150

Rs.

10,92,544

Arms

2147

Ammn.

55055

Rs.

6219270Security
Personnel
KilledCivilians
KilledNo. ofIncidents

Surrendered

80

412

643

1834

86

261

485

438

36

218

454

139

15260

474

3067

25

202

349

1050

963

294

217

251

1416

2699

6745