Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

E-mail login                       Password
     

Free Email Sign Up

Main Categories
 Accident Law
 Arbitration
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email



Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments


Published : November 13, 2014 | Author : URMILA BHARDWAJ
Category : Human Rights laws | Total Views : 7191 | Rating :

  
URMILA BHARDWAJ
URMILA BHARDWAJ RESEARCH SCHOLAR AT KURUKSHETRA UNIVERSITY KURUKSHETRA.
 

Human Rights And Terrorism

Abstract: Human rights – two simple words but when put together they constitute the very foundation of our existence. Human Rights are commonly understood as “inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being.” The most important issue, which is a challenge to human rights, is terrorism. The clouds of terrorism have shrouded the very beauty of human rights on the earth. The terrorism is present and prevalent almost in all the countries in the world in some form or the other. In India, post-independence it became a delicate nationwide issue with the emergence of human rights trends. Terrorism has slammed and affected almost every sphere of human life, be it economy or politics or social life, whatever. In broad sense, the terrorism is the antithesis of independence and the independence is meaningless without the human rights. The bordering states are the most affected regions from terrorism in India. It led India to make various laws to counter with the terrorism. Amongst these enactments are the Terrorism and Disruptive Activities (Prevention) Act, 1987 Prevention of Terrorism Act, 2002, Indian Penal Code, section 124-A, Sedition and 125, Waging war against India and Armed Forces (Special Power Act, 1958 etc. to deal with the menace of terrorism. The best strategy to isolate and defeat terrorism is by respecting human rights, fostering social justice, enhancing democracy and upholding the primacy of the rule of law. This Article seeks to search the various aspects and problems relating to terrorism in India and world. This is an attempt to look at the changing dynamics of terrorism in context of terrorism especially of the victims of terrorism, experience of some other countries and India, threat of terrorism to national security, the ISI's role and suggests some measures that might form part of a possible counter terrorism strategy for India.

Terrorism and human rights cannot co-exist they are mutually destruct each other. Where there is terrorism there is not human rights, where there are no human rights, there can be no respect for human dignity, life and democratic values. Terrorism not only affects the human rights of many but also hinders the resolution and settlement of disputes and conflicts by civil methods. The problem of terrorism transcends all frontiers whether national, international, political or economic. Its solution calls for a global efforts, international co-operation and trans-national actions.[1] Terrorism is a serious world problem not because of sheer amount of violence involved but because it constitute a threat to innocent life and right.[2] Terrorism is a voluntary action to terrorize innocent people. It is a according to dictionary meaning a use of violence and threat of violence, especially for political purpose.[3]

Terrorism has no caste, creed region or religion. It has global dimensions, the international terror is aided protected and financed by a no. of gouts who safe havens for terrorists and false passports, With technological advancement a whole range of small portable and easy to operate weapons are coming into the possession of the terrorist groups, The refinement of personal weapons is also talking place.[4]

The 20th century witnessed great changes in the use and practice of terrorism, Terrorism became the hall mark of a number of political movements stretching from the extreme right to the extreme left of the political spectrum.[5]

The September 11 incidents have altered everything. America with its more than 6000 people in the world trade centre and Pentagon blasts is distributed as it is a big blow on its face.[6]

Meaning and Definition of Terrorism

The term terrorism has derived from Latin word ‘terrere’ which means great fear.[7]The term terrorism is very difficult to define; one man’s terrorism can be another man’s freedom struggle. It is estimated that between 1936 and 1985 at least 115 different definitions have been given to the world. "Terrorism"[8] According to Webster’s dictionary 1990 defines terrorism as “ the act or practice or terrorizing especially by violence for political purposes as by a Government seeking to intimidate a population or by revolutionary seeking to overthrow government compel the release of prisoners etc”[9].

Yonas Alexander defines terrorism as "The use of violence against random civilians targets in order to intimate or create generalized pervasive fear for the purpose of achieving political goals.[10]

League of nation convention (1937)

Pauli Wilkinson, defines "terrorism, as coercive intimidation" which is in practice "a systematic use of a murder and destruction in order terrorise individual groups. Communities or governments into conceding to the terrorists Alii criminal acts directed against a state and intended or calculated to create a state of terror in the minds of particular persons or a group of persons or the general public.

In the backdrop broadly speaking terrorism is recognized as an assault on a civilized society and law required is to entrust the law enforcing agencies with extraordinary powers to meet what is genuinely perceived as an extra ordinary situation of crime (terrorism) and further, at the same time law is to ensure Human Rights at three distinguished stages to take measures to combat terrorism by;

· Protection of Human rights of the victim s innocent people who are brutally killed or victimized in a terrorist act;

· Preservation of Human rights of terrorists in legal and judicial proceeding beginning from cordon/ search operation, encounters, firing in crowded areas, registration of case, detention, interrogation investigation, charge-sheet ,trial ,punishment etc.

· Promotion of Human Rights to eliminate the root cause of terrorism by ensuring basic human rights including liberty, dignity, education, health, employment, i.e., "inclusive growth" i.e. participation of every and each citizen of the country in the progress and development of country.

Instances of terrorist attack

In the recent past the terrorist acts including the last month Boston Marathon Bomb Blast (15th April, 2013), attacks on ·world Trade Centre, New York (11th September , 2001), attacks on the Indian Parliament (13Lb December, 2001), Mumbai attack (26th November , 2008), the Malegaon blasts or the Serial Blasts in Delhi, Ahmadabad , Surat, Mumbai Local Trains, Guwahati and many more has come to threaten the very foundation of modern civilization society and these acts assumed new dimensions. India has been a long time sufferer of terrorism be it in the North east, Punjab or Jammu and Kashmir but now terrorism has dangerously spread to other parts of the country with help of International agencies and groups actively participating in terrorism m increasing proportion .

Human rights and Terrorism can be study by following case laws

The Supreme Court of India in Kartar Singh v State of Punjab[11] where it was observed that the country has been in the firm grip of spiraling terrorist violence and is caught between deadly pangs of disruptive activities.

Supreme Court of India as far back as in 1994 dwelt at length on it and drew a distinction between a merely criminal act and terrorist act in its judgment Hitendra Vishnu Thakur v State of Maharashtra [12] “It may be possible to describe it (Terrorism) as use of violence with a view to disturb even tempo, peace and tranquility of the society and create a sense of fear and insecurity ."

Apart from Universal Declaration of Hum an Rights, 1948, there are other some important international normative framework relating to human rights, best practices are international covenant on civil and political rights, Convention against Torture and Other Cruel, inhuman or Degrading Treatment or Punishment, 1984; Convention on the Rights of the Child, 1989; United Nations Code of Conduct for Law Enforcement Officials.

The Supreme Court in Keshva nandan Bharati[13]

The Constitution of India in its preamble, laid pragmatic panorama of constitutional philosophy to usher in the egalitarian social order under Rule of Law. The State, drawn from the will or the people , has been vested with power and duty to bring about united and integrated nation through human rights as instrumentality to achieve the cherished goal of social, economic and political justice, equality of opportunity, status and dignity to all people. And in order to make them meaningful and to translate them into reality, the certainty of human rights is woven around the right to education, health, shelter, congenial environment, without discrimination as basics to unity and fraternity among the people, civil and political rights, social, economic and cultural rights have been elaborated to feed and give content to the human rights.

Some of the important legislations that have been used for regulating terrorism and concen1ed activities such as Terrorist and Disruptive Activities (Prevention) Act, 1985 (commonly known as TADA 1985 - repealed), Terrorist and Disruptive Activities (Prevention) Act, 1987 (commonly known as TADA 1987 - repealed); Prevention of Terrorist Act, 2002 (commonly known as POTA - repealed), the Maharashtra Control of Organised Crime Act, 1999 (State Law); apart from the present existing law, Unlawful Activities (Prevention) Act, 1967 and National Security Act, 1980. The Human Rights Violations committed under Anti Terrorism Law have been brought to the forefront both by he Judiciary and National Human Rights Commission (NHRC) . The constitutionality of TADA 1987 in Kartar Singh v State of Punjab [14] where the Apex Court proceeded to tamper certain provisions of TADA 1987 so as to bring them within reasonable bounds and to introduce requisite safeguards against abuse. The Supreme Court also observed that the Parliament is competent to enact the said Act under Article 248 r/ w List I Entry 97 and not by List II Entry 1 of Schedule 7 to the Constitution of India .After Kartar Singh, validity of TADA was again challenged in R.M. Tiwari v State [15]and in spite of close monitoring of the use of TADA , 1987 by the Court, the Review Committee complained of its gross abuse continued to be raised by various quarters, where under the circumstances of the case, the Court upheld the constitutionality of TADA, 1987.

Over a period of time, India continues to face the score-age of terrorism. Accordingly , the Prevention of Terrorism Act, 2002 (commonly called as POTA) was enacted to make the provisions for the Prevention of and for dealing with terrorist activities in the face of multifarious challenges in the management of internal security of the country and cross border terrorist activities and insurgent groups. Again the validity of some of the provisions of POTA was challenged in People’s Union for Civil Liberties and Another v Union of India[16] and under circumstances of the case, the Apex Court discussed the validity of POTA 2002 and observed that the Court has to maintain the delicate balance between the State Acts and Human Rights upholding the constitutional validity of the Act.

In Devendra Pal Singh v N.C. T. of Delhi [17]where 9 persons had died and several others injured on account of terrorist act and the Apex Court under the circumstances of the case said that such terrorist have no respect for hum an life and they should be given death sentence.

In a much talked about case of Sanjay Dutt v State of Maharashtra through C.B.1.[18] the Supreme Court recently upheld the conviction for possessing the arms and ammunitions under the Arms Act 1959 and not under Section 5 of the TADA.

Further in the case of Vaiko v Union of India[19] [Madras High Court], Vaiko was arrested under Section 21 of POTA (offence relating to support to a terrorist organization) on the basis of certain remarks. Later on the trial proceedings at Chennai was challenged on the ground that the Central POTA Review Committee had found that no case was made out against them. The Madras High Court upheld that it was for the public prosecutor to independently apply his mind to the matter and take a decision to withdraw the case on the basis of the report of the Central POTA Review Committee and, accordingly, dismissed the writ petition seeking a direction to TN Government to withdraw the case. At present a Criminal Appeal against the order of the Madras High Court is pending before the Apex Court.

When we go through the provisions of the Anti Terrorism Law of other countries, we find that British Law has an exclusive chapter on banning terrorist organizations and after banning a terrorist organization, membership of a terrorist organization, ipso facto, becomes a punishable act.

Ultimately, on September 17, 2004 controversial Anti Terrorism Act - POTA, 2002 was repealed and consequently, the Unlawful Activities Prevention Act, 1967 was amended where, inter alia, definition of unlawful association has been expanded to also to include any association , which has for its object any activity which is punishable under Section 153A of the Indian Penal Code, or which encourages or aids persons to undertake any such activity, or of which the members undertake any such activity. Section 153A of the Indian Penal Code is about promoting enmity between different groups on grounds of religion, race, place of work, residence, language etc.

Dr. A.S. Anand in Hitendra Vishnu Thakur[20] once said that "every terrorist may be criminal, but, every criminal cannot be given the level of a terrorist only to set in motion the more stringent provisions of TADA.

In Kartar Singh v State of Punjab the Supreme Court expressed serious concern about the sheer misuse and abuse of the act by the police and made an attempt to infuse human rights by devising certain guidelines to ensure that confessions obtained during pre-indictment interrogations is in conformity with human rights principles, which the Court went on to elucidate the same in the case of Shaheen Welfare Association v Union of India[21],where the Supreme Court opined that a more independent and objective scrutiny of TADA cases by a Committee headed by a retired Judge is obviously necessary. Such observation shows that the Apex Court has been always eager to preserve the human rights in combating terrorism.

There has been consistent calls for more laws to combat the terrorism, even though there is already a plethora of laws in India including the general and traditional law Indian Penal Code, The Unlawful Activities Prevention Act , 1967; The Criminal Law (Amendment) Act; The National Securities Act, 1980; State enacted laws, like The Maharashtra Control of Organized Crime Act, 1999 etc.The only need is to implement these provisions effectively, humanly and scientifically to contain the terrorism.

The USA Patriot Act in America by providing appropriate tools require to intercept and obstruct acts of terrorism enacted after 9/ 11 ( l lU1 September, 2001 World Trade Centre attack, New York City, U.S.A.) can be an important piece of legislation to take cue from.

Therefore, the present scenario of increasing terrorist designs, demands that there has to be a well formulated plan to defeat the ever increasing threats about the existence of an individual.

It is true that terrorist threats that we are facing are now on an unprecedented global scale. Recently, the Boston Marathon Bomb Blast has once again shaken the confidence and trust of the people choosing to lead a peaceful and lawful life. War against terrorism, therefore, to be firm and relentless, but, it must be remembered that fundamental rationale of anti-terrorism measures has to be to protect human rights and democracy. We need only to recall the caution administered by the Supreme Court of India in D.K . Basu v State of West Bengal [22] which reads thus: -

"State terrorism is no answer to combat terrorism. State terrorism would only provide legitimacy to terrorism: that would be bad for the State. The community and above all for the rule of law. The State must, therefore. Ensure that the various agencies deployed by it. For combating terrorism act within the bounds of law and not become law unto themselves".

The Supreme Court comprehending the "terrorist act" under Section 15 of the Unlawful Activities (Prevention) Act, 1967 in Md. Ajmal Amir Kasab 's case[23] held that : "a terrorist act" and an act of "waging war against the Government of India" may have some overlapping features.

International Terrorism is a modern form of warfare against legal democracies and goal of these terrorists is to destroy the fabric of democracy and it would be wrong for any democratic state to consider international terrorism to be some one else's problem, rather, it is a collective problem and we must unite to condemn and combat it. As USA Senator, Jackson aptly stated

“The idea that one person's 'terrorist' is another's 'freedom fighter ' cannot be sanctioned. Freedom fighters or revolutionaries don't bow up buses containing non-combatants; as terrorist murderers do. Freedom fighters don't set out to capture and slaughter school children; terrorist murderers do... It is a disgrace that democracies would allow the treasured word freedom ' to be associated with acts of terrorists".[24]

It is a strange paradox that while on one hand, higher and better international human rights and humanitarian standards have evolved over the past five or six decades, on the other hand conflict and newer form s of terrorism which threatens human rights of the people across the world are on the rise and becoming more and more dangerous. One also find s resort to the use of more and more deadlier and lethal weapons, deliberate targeting of innocent civilians, forced starvation of civilians and resort to rape and other sexual assaults, besides taking hostages etc. Scientific and technological development are being flagrantly exploited by the terrorists. What is a matter of serious concern is the existence of trans-national networks of terrorist organization s, which have a nexus with arms and drug traffickers and crime syndicates.
Neglect of Human Rights: A Fertile Ground For Breeding Terrorism

When we go to the root cause of terrorism, we find that systematic human rights violations for long periods of time are often the cause of conflicts and terrorism. Terrorism vis-a- vis Human Rights on the face of i t appears to be directly across each other, but, in fact terrorism, the ugliest form of mankind ( Human Behaviour), is the outcome of deprivation of civil and political rights and manifestation of Social, Economic and Political injustice. Thus, when there is tyranny and wide spread neglect of human rights and people are denied hope of their better future. it becomes a fertile ground for breeding terrorism.[25]

The fight against terrorism requires close cooperation of all countries both at Law Enforcement and Judicial Levels in order to put an end to illegal trafficking, which feeds terrorist networks. To clip the wings of terrorism, the international communities must target the roots of frustration as well as the feeling of injustice, but, the approach should be humane, rational and secular. A suitable balance between the need and the remedy requires respect for the doctrine of necessity and proportionality.

One of the main objectives of the Human Rights Act, 1993 is to establish the Human Rights Courts at every district level. Section 30 of the Act enables the State Government to specify for each district a Court of Sessions to be a Human Rights Court after the due concurrence with the Chief Justice of the respective High Courts . The motive behind the provision is to provide speedy trial of offences arising out of violation of human rights. The creation of Human Rights Courts at the District Level has a great potential to protect and realize human rights at the grass root level. It is pertinent to mention that Calcutta High Court was the first to set up Human Rights Courts in all the Districts of the State to ensure speedy disposal of cases concerning Human Rights. These Courts function from the District Head Quarters under the Principal District & Sessions Judges.

The role of Judiciary is very important to contain the terrorism by ensuring the right of Access to Justice to each and every person, who is basic to the human rights and unless the basic tenets of human rights are preserved, the threat of terrorism cannot be contained.

Today the vast majority of fatal incidents through terrorism are caused by attacks on unarmed civilians who are going around about their peaceful and lawful business. What more fundamental attack on human rights can there be than to deprive the innocent people of their "Right to Life "?

Terrorism Whether Solution Lies With In International Law

The problem of international terrorism increased recently thus the thoughts were given many times to control it.[26] The problem was first time taken up by the 27th Session of the general assembly. International terrorism has in recent times manifested itself in various forms including
(a) Air craft hijacking
(b) Kidnapping of diplomatic personnel and other persons and attack on Diplomatic missions.
(c) Taking of hostages
(d) Terrorism in war of National liberalization
(e) Terrorism in Armed conflicts.
(f) Nuclear terrorism.[27]

Causes of International terrorism

It is yet another aspect to be scientifically explored; jthe identification of causes of international terrorism may no doubt be time consuming but cannot be avoided.[28]

Although many states in the world are troubled by terrorism. Sufficient collective win has not developed in the international community to take collaborative action against it. There are some govt. and non officials who support it. Their argument is that there are some gouts in the world which employ methods of terrorism against people.[29]

The birth of international terrorism however can be traced back to as early as 1948 when Israel was created through a partition of Palestine and the Palestinian Readers refused to accept the creation of two states. Several Palestinian groups adopted terrorism with the aim of destruction of Israel and the creation of independents state of Palestine, The world consequently witnessed the rise of terrorism in the middle East Roots of suicide terrorism is a new face of international terrorism.[30] in the current context a no. of causes for terrorism can be identified. In some ways selfish, uncaring behaviour on the part of human beings mirror the adolescent stage of individual where personal concerns or grievances overwhelm people. The shikh noor-ud-din wali has with vehemence, force and stress expressed the idea of surrender of the evil in various modes and these ideas it oft repeated in his poetry. [1]

Instances of International Terrorism

Most organizations that are accused of being a terrorist organization deny using terrorism as a military tactic to achieve their goals and there is no intentional consensus on the bureaucratic definition of terrorism. Therefore, this list is or organizations that are or have been in the part, prescribed as terrorist organization by other organizations including the united nations and national gouts, where the proscription has a significant impact on the group's activities e.g. Al-Qaeda, Jama'atal-Tawhid wa'al-Jahid, Hamas, Hezbollah, Hizbul Mujahideen, Lashkar­e-Toib,.Uberation Tigers of Tamil JEdam (LTTE) Taliban.[31]

Osama Bin Laden comes from extremely rich capitalist family of Saudi­ Arabia. The Bin Laden group, which specializes in construction, is an MNC in its own right with projects and offices across the globe.[32]

SOLUTION UNDER INTERNATIONAL LAW
The international initiative to prevent and combat terrorism has had a positive impact on the progressive development of some fundamental principles of international law. While some of these had acquired general principles of international law, which some of these had acquired general principles of international law, the international initiatives on terrorism rein forced these principles through an expansion of their scope of application.[33]

Efforts being made by the united nation to meet the menace of International terrorism.

The conventions to be considered in this context are:
(i) Convention on offences and certain other Acts committed on board Aircraft Tokyo September 14th, 1963 (The Tokyo convention).
(ii) Convention for the suppression of the unlawful seizure of Aircraft. The Hague December 16th, 1970 (The Hague convention).
(iii) Convention for the suppression of Unlawful Acts against the safety of civil aviation. Montreal, September 23, 1971 (The Montreal Convention).
(iv) Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents New York, 14th, 1973.

The impact of terrorism on human rights

Terrorism aims at the very destruction of human rights, democracy and the rule of law. It attacks the values that lie at the heart of the Charter of the United Nations and other international instruments: respect for human rights; the rule of law; rules governing armed conflict and the protection of civilians; tolerance among peoples and nations; and the peaceful resolution of conflict. Terrorism has a direct impact on the enjoyment of a number of human rights, in particular the rights to life, liberty and physical integrity. Terrorist acts can destabilize Governments, undermine civil society, jeopardize peace and security, threaten social and economic development, and may especially negatively affect certain groups. All of these have a direct impact on the enjoyment of fundamental human rights.

The destructive impact of terrorism on human rights and security has been recognized at the highest level of the United Nations, notably by the Security Council, the General Assembly, the former Commission on Human Rights and the new Human Rights Council.[34]

Specifically, Member States have set out that terrorism

• Threatens the dignity and security of human beings everywhere, endangers or takes innocent lives, creates an environment that destroys the freedom from fear of the people, jeopardizes fundamental freedoms, and aims at the destruction of human rights;

• Has an adverse effect on the establishment of the rule of law, undermines pluralistic civil society, aims at the destruction of the democratic bases of society, and destabilizes legitimately constituted Governments;

• Has links with transnational organized crime, drug trafficking, money-laundering and trafficking in arms, as well as illegal transfers of nuclear, chemical and biological materials, and is linked to the consequent commission of serious crimes such as murder, extortion, kidnapping, assault, hostage-taking and robbery;

• Has adverse consequences for the economic and social development of States, jeopardizes friendly relations among States, and has a pernicious impact on relations of cooperation among States, including cooperation for development; and

• Threatens the territorial integrity and security of States, constitutes a grave violation of the purpose and principles of the United Nations, is a threat to international peace and security, and must be suppressed as an essential element for the maintenance of international peace and security.

CONCLUSION
The guarantee of human rights and protection from terrorism cannot be over-emphasized. Combating and ultimately overcoming terrorism will not succeed if the means to secure that society are not consistent with human rights standards. The fundamental human rights principles that are most commonly engaged in the fight against terrorism. It explains states’ obligations in respect of those rights when dealing with terrorism. Counter-terrorism strategies that are compliant with human rights not only avoid certain legal pitfalls, but may also prove more effective in the long term at winning the ideological battle against terrorism than strategies that themselves violate human rights. One of the side effects of terrorist activity and the international response to it has been the tendency to pit the ideas of liberty and security against each other. The notion of human rights protection has often been presented as being in conflict with protection from terrorism.

Nothing could be further from the truth. Human rights instruments are structured to respond to conflict and to provide the mechanisms to ensure peace and stability. The international human rights framework is therefore applicable in dealing with the terrorist threat, from addressing its causes, to dealing with its perpetrators, to protecting its victims, to limiting its consequences .States have an obligation to provide protection against terrorism. Human rights standards impose positive obligations on states to ensure the right to life, protection from torture, and other human rights and freedoms. Acts of terrorism are likely to infringe on all of the rights that are part of a state’s positive duty to protect. This does not necessarily mean that an act of terrorism amounts to a failure to protect by the state. However, if the state fails to take adequate and appropriate measures to protect those rights, the state itself bears some responsibility for the violation. An effective counter-terrorism strategy can therefore be a part of a state’s human rights obligations.
********************************
[1] Khushwant Singh, lasting Solution published in Terrorism in Punjab: Cause and cure, (1987)
[2]Khushwant Singh, lasting Solution published in Terrorism in Punjab: Cause and cure, (1987)
[3] Employment News, New Delhi Vol XXVI No, 35, 1-7 December, 2001 p.7.
[4] M.G. Chitkara, Girdhari Sharma, International Terrorism (2002) at p.6.
[5] Ibid at p. 7
[6] See for detail, Hindustan Times. May 3, 20070 "Take Stock of terror funds".
[7] Prakash tatia chief justice ,high court of jhrkhand on calcuttahighcourt.nic.in/sesqui/lect2a.pdf
[8] Dr. Bharat B. Das, Terrorism and POTA, National Seminar on Human Eights Education, Raw and society NALSR University of Raw Hyderabad Dec. 9-10, 2002 at p87.
[9] H.O. Aggarwal, International law and human rights, 19th ed., Central Law Publication, p. 678
[10] Ibid at p. 88.
[11] (1994) 3 SCC 569
[12] {(1994) 4 SCC 602}
[13] AIR 1973 SC 1461.
[14] (1994) 3 SCC 569
[15] ( 1996) 2 SCC 61OJ
[16] {(2004) 9 SCC 580]
[17] (2002)5 SCC 234}
[18] JT 2013 (5) SC 1
[19] 2004 indiankanoon.org/doc/643469/
[20] (1994) 4 SCC 602
[21] {(1996) 2 SCC 616}
[22][JT 1997 ( l) SC 1]
[23] [(2012) 9 SCC 1)
[24] Prakash tatia chief justice ,high court of jhrkhand on calcuttahighcourt.nic.in/sesqui/lect2a.pdf
[25] Prakash tatia chief justice ,high court of jhrkhand on calcuttahighcourt.nic.in/sesqui/lect2a.pdf
[26] RC Aggarwala, International law and Human Rights (2001) at p359
[27] M.K. Nawaz and Gurdip Singh, Legal control of Unterhational Terrorism, IJIL Vol. 17 (1979) at p66
[28] Dr. S.K Kapoor, International Law and Human Rights 15th eds. 2004 at p913
[29] B.S. Murthy, International relation and organization. For Law students at p129
[30] By AG. Noorani-Roots of Suicide terrorism in Front line 24 No.7. April 20,2007. at p78.
[31] See. for detail, htt..en.wikipedia, org/wiki/list-of-terrorist-organization 17 April, 2007.
[32] See Supra note, 4. at p.58
[33] Amrith Rohan Perera, International Terrorism (997) at p l 74.
[34]HumanRights,Terrorism and Counterterrorism on www.ohchr.org/documents/publications/factsheet32en.pdf

 

** Urmila Bhardwaj, PhD Research Scholar, Deptt. Of Law, Kurukshetra University, Kurukshetra




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Human Rights laws category
Protective Discrimination
Historical Development of Human Rights
Legal Aspects of the Bhopal Gas Tragedy
Realization of Human Rights and Role of NGO
Contract Labour
Right to Clean Environment: A basic Human Right
Child Labour in Indian Society
Victims Rights in India
Whistleblower Protection In India
Tribal Laws in India & Tribal Conventions on Rights of Indigenous People Worldwide
Corruption in Governance: Human Rights Dimensions
Domestic Violence as a Human Rights Issue
Commercial Surrogacy
Science and Technology in human rights: An Indian perspective
Can Human Rights be Universal & Have Respect for Cultural Relativism?
Human Rights of The Accused And The Police Investigation Process
Most recent articles in Human Rights laws category
Conjugal visit
Ranbow Rights
Is beef ban in Maharashtra Constitutional?
Rehabilitation of Internally Displaced Persons
Capital Punishment v/s Human Rights
International Instruments on prohibition of caste based discremination
Addiction problems and the trans-gender people
Discrimination and Dilemma of Transgender People
Right to food of Children in India
Displacement is a Dark Aspect of Planned Development- A Human Right Approach
Rationale of LGBT, Lesbian, Gay, Bisexual and Transgender
Human Rights and Terrorism
The Veracity of Child Prostitution in India
Basic Primer on the Persons with Disabilities
Supreme Court of India granted legal recognition to transgender
Gender-Main streaming : A Strategy To Fulfill The Goal of Gender Equality

Article Comments

Posted by Jose Lopez on December 16, 2015
US denounces human rights violations only when you disobey
The United States (US) government’s goal is global dominance. Noam Chomsky brilliantly explains this in his book, HEGMONY OR SURVIVAL.
The US must control countries to do this. It must rob them of their resources. A leader who is willing to do what the US government wants, will not only get its support, but it will also never accuse him of any crimes against citizens of his country. As long as US corporations can get huge profits out of that country, American democracy could not be working better!
But, as soon as the leader disobeys, Washington will quickly accuse him of horrible human rights violations and of being a dictator. The US government will quickly replace him with someone who will cooperate with Washington.
This is why President Eisenhower didn’t meet with Fidel Castro after his revolution ousted Cuban dictator and US puppet Batista. US said nothing about Batista’s atrocities against the Cubans. But, as soon as Fidel Castro became the leader that the Cuban People wanted, the US suddenly got very interested in the Cuban People’s human rights, liberties, democracy, and justice for all!
Within 2 months, the US government started planning on how to remove Fidel Castro for somebody it could control. Chomsky’s book goes into the details of that. And after more than 50 years, the US government is still trying to get Cuba under its control again.
Recently, the United Nations (UN) voted once again to lift the US blockade against Cuba. This time, only the United States and Israel want to continue to punish Cuba for not wanting to be controlled by the US government. How more obvious could it be that the US government is still determined to change Cuba’s government to one that will serve US interest!
This is why Puerto Rico decolonization will never happen under US control. Puerto Rico is a colony, because the US government wants it that way. How could anyone realistically believe that the US would reverse something that it unilaterally installed?
To decolonize Puerto Rico, we would have to protest peacefully and permanently for a long time (remember the Cuban blockade) for the US government to respect our inalienable right to self-determination and independence under international law. We must protest tirelessly to insist that the US government comply with the 34 UN resolutions to immediately decolonize Puerto Rico.
And when that day happens that we are finally for the very first time decolonized, Washington will be going all out to install a Puerto Rican president who will do exactly whatever the US government wants. If you doubt that, why do you think the US still has a naval station in Cuba?
www.TodosUnidosDescolonizarPR.com


Post Your Comments
Name

Email

Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes


BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit

 

Note : Currently, user comments are moderated and will be posted only after approval.



Welcome!
Please login or register a new free account.

Random Pick
The forest closed behind and then it got all globular and we could soil it round. It was ours to keep, we burrowed deep to see what could be found...

Statistics
» Total Articles
1380
» Total Authors
3992
» Total Views
15575827
» Total categories
40

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2016
 ISBN No: 978-81-928510-1-3