Arguing The Lethal Imaginaries of Terrorism And Methods of Its Tackling - An
Analysis Under Politico- Legal Framework
A worse crime against humanity is reflected in the death
of innocent civilians. Over lakhs of innocent people are estimated to have been killed in India alone due to different terror strikes.
Terrorism is1not a new phenomenon in the world. Though the phenomenon was present for centuries and history has witnessed many assassinations
of Kings and their allies by the
rebellion groups, the last
few decades witnessed the rising graph of terror strikes across the world. Undoubtedly, India is one
of those countries worst affected by the curse of terrorism.2
in different parts of the country forced the Government to take some
serious steps. The establishment of specialized and dedicated
anti-terror agency i.e.
National Investigation Agency (NIA) is one of the landmark steps. Today, the modus
operandi of the terror outfits has become more sophisticated and conclusive that
required scientific and technological approach to tackle them. The NIA‘s way of
The intensity of Maoist movement, insurgency in Northeast region and Kashmir,
Anti-India activities by the neighboring States like Pakistan and Bangladesh are
some of serious threat to India‘s national
security. Pakistan-based terror outfits have been indulged into anti-India terror
activities through their countless sleeping cells which are fully financed and
protected by Inter Service Intelligence (ISI). In 1993, a
series of bomb blasts in Mumbai in which more than 3000 lost their lives.
Dropping of arms in Purulia (West Bengal) and reports of logistics support provided to
some separatist organizations of North-east region by the Bangladesh and Myanmar
are some example to show how terrorist groups are active in India.
India has lost its prominent leaders , Mrs. Indira Gandhi and Rajiv Gandhi, in terror
attacks. The Indian Airline IC 814 hijacking by the Pakistan based terror
organization Jaish-e- Muhammad (thereby releasing some hardened terrorists
including Maulana Masood Azahar) still afresh in our mind. The Mumbai terror
strikes on November 26, 2008 on famous Taj and Trident Hotel besides, attack
on Mumbai CST and a number of other terror attacks in Indian
cities have shocked our conscience and our sensibilities. The national security,
to life of citizens and property is under threat due to constant terrorist strikes.
functioning is altogether different from its predecessor i.e. ATS, CBI and Special Cell etc. while tackling terror related cases. The NIA knows well that whenever terrorism
strikes its victims are from both the communities i.e. majority and minority. Hence, it would be wrong to give a communal or religious color to any
terrorist activity. Terrorism has no religion, caste or creed.
II. Identifying Terrorism
There are many definitions and explanations of terrorism. Terrorism is ‘a coercive intimidation‘.3 It is systematized use
of destruction, and the threat of murder and
destruction in order to terrorize individual, groups, communities or governments into conceding to the terrorists‘ political demands. It is one
of the oldest techniques of the
psychological warfare.4 Terrorism involves violent criminal
activities for provoking terror or fear,
and thereby achieving certain political goals.5
In Hitendra Vishnu Thakur v. State of Maharashtra,6 the Supreme Court opined:
It is possible to give a precise definition of terrorism by laying down what constitute
terrorism. It may be possible to describe terrorism as use of violence when it‘s most important
result is not merely the
physical and mental damage of the victim but the prolonged psychological
effect it produces or has the potential of producing on the society as
a whole. There may be death, injury or destruction of property or even deprivation
of individual liberty in the process but the extent and reach of the
intended terrorist activity travels beyond the effect of
an ordinary crime capable of being punished under the ordinary penal law
of the land and its main objectives is to overawe the Government or disturb
the harmony of the society or ‗terrorize‘ people and the society and
not only those directly assaulted, with a view to disturb even tempo peace and tranquility
of the society
and create a sense of fear and insecurity.7
In the judicial exposition of terrorism, fear
and intimidation becomes inherent
contours of the
terrorism. While Paul Wilkinson outlines the terrorism in three broad categories, namely, (i)
revolutionary terrorism (aims at political revolution); (ii) sub-revolutionary
terrorism (it has political motives but not the revolution), and (iii)
repressive terrorism (it aims at restraining certain groups, individuals or
forms of behavior deemed to be undesirable).8
attempt at defining ‗terrorism‘ is bound to raise questions and disclose different contours thereof. Nevertheless, some
of the lowest common denominations
which are agreed upon world over about terrorism are:9
(i) Terrorism always involves a criminal act.
(ii) It involves the use of violence and element of spreading fear.
(iii) It focuses on choice of targets both animate and inanimate.
(iv) It declares reliance on the publicity rather than the events.
(v) Fight for an ostensible political/communal cause.
(vi) It does not follow the convention of war.
(vii) Maximum use of planned surprise.
(viii) It demands immediate action from the establishment.
The purpose of terrorism, obviously, is to wreak revenge and to draw attention
to the demands of some aggrieved section.10
III. Growth of Terrorism: What Went Wrong?
Primarily the growth of the terrorism in India has been gifted to us due to ill- governance and bad politics
of the political class.
Some historical blunders had also been responsible
for the rise of terrorism in India e.g. Kashmir issue brought by India in the UN forum despite the fact that it was a direct infiltration by the Pakistan army under the guise
of tribal forces in 1948. It
was also evident that former Prime
Minister of India Jawaharlal Nehru hugely relied on Lord Mountbatten‘s
advises and it was his advise that Kashmir issue
should be resolved through UN, its mean we consider
Kashmir was a disputed subject. India has been still paying the price of that historical
blunder in the form of cross border terrorism.11
The earliest terrorist organization in pre-independence era seems to have been
Chapekar Association of Maharashtra, founded by the Chapekar brothers sometime prior to 1897. Its existence came to light as
a result of the murder of the plague commissioner of Bombay. Mitra Mela was started around 1899
by the Savarkar brothers and in 1900 developed into the Abhinav Bharat of Young
India Society. The Society aimed at an organization modeled on the revolutionary societies
of Russia. It had members in various parts of western India and a secret branch in Satara in Maharashtra. The investigation
in connection with Nasik conspiracy exposed this Society. The Gwalior conspiracy led to the discovery
of the Nav Bharat Society of Gwalior. Similarly, in Bengal there had been many secret organizations and Samitis and their important centers are Calcutta, Dhaca,
Faridpur, Mymensingh, Chittagaong, Cooch Behar and Dinajpur.
The umbrella organization of northern India, and also the most influential,
was the Hindustan Republican Association, formed with the combination of Anushilan Party in north India. The objective
of these organizations was
to establish a federal India through the armed revolution.12
The growth of terrorism to a great extent has also been owing to communal politics
of certain political class
and organizations of the
country. Different ideological sects, organizations, like RSS, Young India Society, Hindu Mahasabha etc, and different secret societies have been active since
long and spreading communal venom in the community.13 M.S. Golwalkar, the RSS ideologue and popularly known as ‗Guruji‘
(master) of Rashtriya Swayamsevak
Sangh (RSS), in his book, We and Our Nationhood
Defined, had written about the approach the Hindu Rashtra should adopt towards its religious
minorities: There are only two courses open to the foreign
elements, either to merge themselves in the
national race and adopt its
culture, or to live at its mercy so long as the
national race may allow them to do
so and to quit the country at the sweet will of the national race. There is, he says, at least should be, no other course for
them to adopt. Even if Golwalkar‘s proposal is accepted, it is
well-nigh impossible to crush a huge minority of 12.4
per cent Muslims in India as of
2001. In Hitler‘s Germany, Jews were only around one per cent; so it was much easier to subjugate them. Even
the Christian minority in India today is 2.3 per cent as
per the 2001 Census. Attempts to forcibly subjugate these communities can only lead to the
tearing apart of the social fabric which would be detrimental to the
interests of even the dominant social
forces because in such a situation, a regime of unhindered accumulation
cannot be sustained.14
These communal ideologies movement have been working in both the communities
i.e. majority and minority. But some of the
historical events can‘t be rejected altogether which are wholly responsible
rise of communalism in India that led to the problem of terrorism. Some
of these incidents are appended below:-
1. Who is responsible for the partition of India-Jinnah had adopted the two nation theory
and the theory had been propounded by Sawarkar but the RSS held
Muslims responsible for partition.
2. Post-independence communal riots of
1947 that claimed lives of thousands of innocent people, but blame given to only Muslims.
3. Rise of the Hindu extremists‘ organizations, the RSS
propagated its communal ideology and started its hate campaign against Muslims throughout India. Slogan likes
Hindu-Hindi-Hindustan given by the RSS targeting the minorities.
4. Anti-Muslim riots happened in different parts of the country i.e. Ahmedabad, Meerut, Maliana, Hashimpura, Delhi, Mumbai, Bhiwandi, Bhagalpur, Neeli (Assam)-hardly anyone punished so far.
Anti-Sikhs riots had taken place in Delhi 1984, no one is punished.
5. Ram temple movement and demolition of Babri Maszid in 1992.
6. Post Babri Maszid demolition riots in UP, Mumbai and
other parts of the country in 1992-93.
7. Justice Srikrishna
Commission appointed by the Govt. and the Commission
indicted in its finding that
some political leaders were involved in the mass
murderers of innocent Muslims. The Report was not accepted and even, no
efforts were made by the Union Government or State Government for its implementation.
8. Gujarat riots of 2002 and killing of more
than 2000 Muslims, no one is punished.
9. Government had given free
hands to all state police forces which encouraged
fake encounters of Muslim youths.
10. Implication of Muslim youth in a false terror charges e.g. Samjhauta Express
blast, Mecca Maszid blast, Malegaon blasts by the ATS and Special Cell.
11. There have been reports of various attempts of grabbing Waqf properties (Muslim Kabristan and Mosque) by the other community; riots had taken place
due to land dispute between the two communities. No efforts were made to resolve the disputes through constituting special courts for Waqf properties disputes. The riots
that had taken place recently at Forbesgunj, Mujjaffarnagar, Saharanpur and Gopalgarh are some instances
of land dispute
riots between the two communities.
12. In addition to above, different commissions,
committees and recommendations had suggested some concrete and immediate action
plan for the Muslims (considering them least
developed minority community) as a step
to ensuring social justice to them and bringing them into the mainstream
development of the nation but nothing was done. For e.g. Justice Madan Commission Report, Gopal Singh Panel Committee Report, Justice Srikrishna
Commission Report, Justice Rangnath Mishra Commission Report and Justice Sachhar Commission Report etc., are never implemented.
Had there been no incidents of miscarriage of justice against minority community, there would not have any incidents
of terrorist activities
in India. Would government or political class care to explain why
no action has been
taken against the perpetrators of atrocities against minorities? Not a single
politician has been punished so far for the demolition of Babri Maszid. Perpetrators
of Mumbai and
Gujarat riots are still at large. Not
a single politician has been punished for anti-Sikh riots of
1984. It is pertinent to mention that the police had even
not filed any charge-
sheet in the 1984 anti-Sikh riots.15 The communal organizations have been working on the sole agenda to portraying
the image of Muslims community as anti-nationalist. Moreover, instead
of ascertaining the root causes of terrorism, the
electronic media has been indulging in anti-Pak jingoism and politician-bashing for security lapses
and started to play blame game with each other. The police and armed forces have been painted in larger-than- life images.
The stereotyping and stigmatizing of the Muslims has also proceeded
apace. The paranoia about security and intolerant attitudes has reached unprecedented heights. One would well wonder if we are going to have a paranoid
society in the near future.
In a talk on terrorism, formerly Professor of Punjab University, S S Bindra, was insistent that one must look into the demands
of the terrorist/militant organizations and their desire to sacrifice
their lives for the community. One must need to understand
that well before the assassination of Mrs. Indira Gandhi; she had ordered the Operation Blue Star
at Golden Temple in the first week of June, 1984. In consequences, various Sikhs militants‘ organizations mobilized and they
also got logistics support from the Pakistan. These organizations like Babbar Khalsa International, Khalistan Jindabad Force etc formed in reaction to what happened in June 1984
at Golden Temple and their only agenda is, to make a separate state i.e. Khalistan
(Holy Place for Sikhs).16 Likewise, some misguided youths from the Muslim
community too joined radical organization after the demolition of Babri Maszid and Gujarat riots episode. The demands
of all terrorist organization are that
they did not get justice and are still being victimized by the state agencies.17
India has one of the poorest
records in punishing those guilty for killing people in the name of religion. There is no closure
for families as cases have lingered on for more
than 20 years that causes anguish and
hatred against the establishment. Dr Riaz
Ahmed of the Delhi University rightly says that terrorism is the ‗desperate reaction
a desperate people‘. Terrorists are crying for
attention towards issues like the gross
violations of collective human
rights in Kashmir and justice to the victims of the carnage in Gujarat.18
IV. “Their Terrorism-Our Terrorism”- The Lethal Imaginaries
Is there any link between religion and terrorism? First of all, there is no link between the duos. The terrorism is a faceless menace and
has no religion. However it
is a worrying phenomenon that desperate attempt was given to Islam
after the 9/11 episode thereby creating Islamophobia throughout the globe.The war on terrorism was targeted towards Muslim aiming to put the community in a
bad light and portraying them as cruel and jehadis (fanatics). A section of Indian political class
and a small chunk of media too have tried to associate Islam with the
terrorism. There had been some slogan after every terror attack like Not
every Muslim is a terrorist, but every terrorist is a
Muslim . So long there was no problem when terrorism associated with the Islam but as
soon as Hindu terrorism is used, it has become difficult to digest.19
If every Muslim is a terrorist, has Swami Aseemanand and Sadhvi Pragya Singh Thakur
converted to Islam? Why there is an ambiguous silence in the media and political
class on the arrest of Sadhvi Pragya Singh Thakur, Swami
Aseemanand, Lt. Col. Srikant Purohit, self-styled Godman Sankaracharya Dayanand Pandey for their involvement in bomb
blasts in different parts of the country.
Unfortunately, instead of facing the real challenges to the
security implications, the reactions of the political class to the latest terror revelations have
oscillated between denial and demonization.20 It is to be noted that Himani Savarkar21 had justified certain activities
of the Abhinav Bharat leaders stating that if we can have a bullet for a
bullet why not a blast for a blast . She gave a clean chit to all the members of Abhinav Bharat.22 There have been demands
of re-investigate every recent blast case and to release the accused from the minority community. While in some instances there has been
a genuine miscarriage of justice, to suggest that Muslims have been victimized in every case is to reveal a complete
lack of faith in the judicial process, one that can only wide
the communal chasm. There has been
a legitimate suspicious of the claim advanced by various police forces (ATS of different States and Special Cell
of Delhi Police) about their successes in the fight against terror. One simple
fact should illustrate why suspicious is well founded: take the example of Samjhauta Express bombing; the
police declared with great authority that bombers were Jihadis acting under the instructions from Pakistan. Now we come to know that real
perpetrators were Hindus who the NIA has in custody.23 The new
avatar of radical Hindus outfits in the name of Abhinav Bharat and
put India into an embarrassing situation. Not surprisingly, Pakistan has chosen to exploit our
embarrassment for its own propaganda purposes.
Similarly we came to know that the real perpetrators of Hyderabad‘s Mecca Maszid blast were members
of the Abhinav Bharat.
Since, we had officially described the attack as handiwork of the Lashkar. But now after NIA‘s finding, it has been
done by the Hindutva hardliners. More amazingly, some political leaders openly supported the acts done by Abhinav Bharat. The truth is that partisanship
of any kind must have
no place in the war against terror. When BJP president Rajnath Singh visits Malegaon blast accused Sadhvi Pragya Singh Thakur and claims that
she is innocent and is being harassed by the state government, he is taking a political stance incompatible
with the rule of law. But the BJP cannot take the same line that
when cops arrest so- called Muslim terrorist, they are never to be challenged. Its only when cops arrest Hindus that we can accuse them
of framing the suspects! We
can now see what the BJP‘s message to the police really is: arrest all
the Muslims as you want, we will back you unthinkingly. But if you dare to
arrest Hindus for terrorist attack, we will attack you from the highest platform. That shameful double standard exposes the hypocrisy and
prejudices at the root of the party‘s approach towards terrorism.
It is needs to be understood that the terrorism
cannot be associated with any
one religion. Terrorism is a crime against the humanity that needs to be
erased. But this cannot be done by targeting any
one specific community as this, apart from being patently unjust, can only be counter-productive by creating the atmosphere that breeds terrorism‘s recruits. In India‘s case, the victim
of terrorist attack have been
of such a diverse range that the terrorist
cannot be straight jacketed into any single religious group. We have experienced the agonies
of attacks on Muslims, Sikhs, Christians, Tribals, Dalits and Hindus, we lost two Prime
Ministers through the terrorist assassinations,
and Mahatma Gandhi himself was a victim of terrorist bullets.24
V. Strategy to Deal with Terrorism: The Ground Realities
It is true that India has been facing countless
constraints in combating
terrorism. In the absence of any specialized or dedicated investigative agency,
the task of investigation had been carried
out by the CBI and State Police forces.
Apart from CBI, the state police forces have
shameless record of misuse of the draconian acts and violation of the human
rights of minorities. Nobody would dispute on the issue that police should do their duty
and work impartially but in the name of terrorism we can‘t let
the police to killing and frame innocent citizens.25 Take the series
of bombing case in Delhi, when it take place we are assured with great authority that bombers
were Jehadis (Muslims-the
followers of Osama Bin laden) acting under the
instruction from Pakistan terror outfits. So far four
different states police had been claimed that masterminds of bombing are in custody with us. Now, we are being told
that they were Hindus who the ATS of Maharasthtra Police has in custody. We
can easily predict that what has been going on in the name of so called investigation by the police, special cell or ATS. If you go through the controversial area
of encounters, the
police come off even worse. Nobody seriously disputes
that many of the people killed in so called encounters have actually been killed in the
police custody.26 The Gujarat Police and the role of state administration is the finest example
of state sponsored
atrocities against the Muslim community. The former DGP of the state is absconding, many police
officials are in jails-the
charges are same i.e. extra- judicial killing of innocent people, unfortunately most the victims are happened to be Muslims.
In the words of Mr. Wajahat Habibullah the
former chairman of National Commission for Minorities, all encounters are fake and illegal and the police are creating a kind
of paranoia in the multi-cultural and multi-religious Indian society
and there is strong
apprehension that, these developments will certainly rise
the communal atmosphere of the Indian society. The police
have been completely failed to build confidence amongst
members of minorities. The whole community has been under frightened and
force to live under the shadow of police terror. The minority
community have legitimate rights to not to cooperate with police as there had been
a history of police atrocities against them. How they can trust police
who framed innocent
youths from their community in the false terror charges, subjected them to acute form
and barbaric cruelties. 27
In India the violation of human
rights through state agencies in the name of combating terrorism
a major concern for all democratic loving citizens. The TADA Act 1987 was most draconian Acts in India and the same was heavily misused by the police. Due to countrywide protest it was dropped in 1995. On POTA, the chairperson
of NHRC Justice A S Anand had said that it did not have provisions to safeguards against
its misuse though those provisions may not be enough .28 Justice Anand further added that undoubtedly, national security is
of paramount importance but the individual
rights must be uphold by the state, without protecting the safety
and security individuals rights, the
nation can‘t be protected.
Referring to terrorism the NHRC chairperson said:
should adopt the strategies which balance the dignity of the individuals with national
security. The human
dignity must be placed alongside the unity and integrity of the nation. Any
law enacted to tackle
terrorism must be very closely scrutinized and must muster
the strict approval of constitutional
validity, necessity and proportionality, the legislature
must scrutinize whether there is at all any
need for such law and whether it infringes civil liberties or not.29
However, all the
liberal states have enacted certain special laws dealing
with terrorists. Recently, investigation and
prosecution of the terrorist offences at central level is streamlined.
establishment of National Investigation Agency under the NIA Act 2008 is the first step
towards effective handling of terrorism
related offences. The second piece of legislation, the Unlawful Activities (Prevention) Amendment Act 2008, makes a number
of substantive and procedural changes to empower the NIA to act effectively and decisively on terrorism
related activities. The powers of the NIA to
arrest and search have been tightened. Sections 43A to 43F have been substituted with provisions that enlarge the power to
search any premises or arrest any person who, in the
opinion of the officer, is about
to or has a design to commit an offence covered under the UAPA Act.30 The provision
of anticipatory bail under s.
438 of the Cr.P.C does not apply to the offences under the Act. If the accused is a foreigner, who entered the country illegally, bail is not to be granted at all.
Finally the Act empowers the Central Government to freeze, seize or attach the financial assets
of those engaged in the terrorism. These strong provisions, if responsibly executed in combating terrorism, would undoubtedly protect the
security and liberty of the citizens,which form the
foundation of the Rule of Law in a constitutional system.
VI. Concluding Remarks
In the final analysis, terrorism is an extreme form of violence;
it‘s a product of social dissatisfaction and frustration, denial of certain
rights i.e. economic and political deprivation and administrative malaise. It cannot be cured only through the military action or
by use of force. Terrorism, like corruption needs to be tackled in a
proactive manner. Reactive action is inadequate; it can have fatal consequences in terms
of public peace and the national cause. The measures
that need to tackle terrorism include political, social
and administrative measures along with military
Further by politicizing the terror and giving any religious color to the
terrorism, our political classes are guilty of doing grave
disservice to our anti-terror investigative agencies. The existing agencies i.e. NIA, ATS etc must
function independently and without any influence of the political class. The immediate task is to rise above the religious prejudices when confronting terror. There must be
an acute realization that
there are some individuals in both the community who are seeking to settle scores through mindless violence. We must treat all terrorist equally irrespective
of their religion, creed or colour.
The media is too responsible for creating
panic in the society through
their reporting on terrorist attacks. The visual media must shun its class
and religious bias while reporting such incidents. The media gives importance to newsworthy incidents that capture the interest
of viewers and maximize their
profit. Terrorism is pervasive flavor of the era and undoubtedly, any profit
grabbing sector will try selling the product
to maximize its consumers regardless of the apprehensive effect of the act. Visual Media exploits nature
of the people by filling of more tragic scenes which in turn generates more viewership and profit. The electronic media
should play constructive and vital role in reporting the terrorist incidents.
The strength of republic is measured in its capacity to
treat all its citizens equally without any discrimination. The Preamble
Indian Constitution promises to do
so. The incapacity to deliver this promise can only undermine the foundations
Republic. The secular democratic foundation of the
Indian Republic must be strengthened by strengthening the equality of all before the law.
Dr. Ishita Chatterjee*
*Assistant Professor of Law, Department of Law, ICFAI University, Agartala (Tripura).The
author can be contacted at; [email protected]
[Ed. Views expressed in the paper are personal views of the author. None of the
persons associated with the IILS Law Review subscribe them]
1Webster 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 revolutionaries seeking to overthrow a
government, compel the release of prisoners etc. The Chambers Dictionary (1990)
calls it as an organized system of intimidation for political ends.2
3 For detailed study, See H.O. Aggarwal‘s Combating International Terrorism:
State’ Approach in
International Law and Human Rights (Central Law Pub. Allahabad, 2010) chap 9,
4 Paul Wilkinson, Terrorism Theory and Practice‘, London-Allen & Unwin, 114
5 Available at Interpol website http://www.interpol.int
6 (1994) 4 SCC 618.
52Ibid., at p 620
8 Paul Wilkinson, Political Terrorism, pp. 36-40 (1974) quoted in S C Arora‘s,
Combating Terrorism: The Punjab Case, Journal of Constitutional and
Parliamentary Studies (230) 1995.
9 Yonah Alexandor, International Terrorism-National, Regional and Global
Perspectives, Praeger Pub.
New York, 3-17 (1995).
10 Dr. Gilbert Sebastian,Getting to the Global Terror, 47(2) MAINSTREAM
NEWSWEEKLY (January 24, 2009)
11See K Natwar Singh‘s interview about One Life is Not Enough , Rupa Pub. New
Delhi, 2014-An autobiography of the veteran Congress leader, visited http://www.ndtv.com
dt. 30.07.2014, some texts of interview also appeared in ‗India Today‘
newsmagazine dt. 13.08.2014
12 Yonah Alexander, International Terrorism-National, Regional and Global
Perspectives, 170-171 (Praeger,New York, 1976).
13 Bipan Chandra, India’s Struggle for IndependencePENGUIN PUBLICATIONS 429 (
14 Ibid at 430.
15 H S Phoolka, Sr. Advocate who represented the riots victim‘s case of 1984
anti-Sikh riots, the detailed interview given to Srinivasan Jain in Truth versus
Hype programme, (last visited on visited http://www.ndtv.com 06.06.2014 10.30 PM
16 Lt. Gen. K S Brar, Operation Bluestar-The True Story, UBS PUBLISHERS PVT .
LTD, 9 (1993) (Lt. Gen. K S Brar was the operational head of the surgical army
action named Operation Bluestar conducted by the Indian Army in June 1984 at
Golden Temple Holy Shrine of Harminder Sahib Ji, Amritsar, Punjab)
17 Author is thankful to Prof. S S Bindra, Department of Political Science,
Amity Institute of Social
Science, Amity University, Noida for his valuable comments on causes of Sikh
militancy in India.
18 Gilbert Sebastian , Getting to the Global Terror, MAINSTREAM NEWSWEEKLY,
(January 24, 2009).
19 D N Rath, Terrorism and Human Rights available at http://www.boloji.com
20 Rajdeep Sardesai-IBN Live available at http://www.ibnlive.com(last visited on
21 Himani Savarkar is a niece of Nathu Ram Godse who assassinated Mahatma Gandhi
and member of Abhinav Bharat (a Militant Hindu Outfit financed and controlled by
the RSS). Nathu Ram Godse is dead but his legacy of hatred still thrives on, he
is a martyr not terrorist, claimed Abhinav Bharat.
22 D N Rath, Terrorism and Human Rights avalaible at http://www.boloji.com (last
visited on dt. 23.08.2008).
23 Rajinder Puri in Samjhauta farce still on track , The Statesman ( Kolkata,
24 Sitaram Yechuri Terror has no religion in ‗Left Hand Drive’, Prajasakti
Book House Hyderabad, 167 (2012).
25 See Crime in India NCRB Report- Delhi Police has been on top in all India
level percentage of crime committed by the police personnel and human rights
violation cases e.g. custodial violence, extortion, frame-up in false cases,
outraging the modesty of woman and other serious category of crime
according to the latest report on crime released by the National Crime Records
Bureau , Ministry of Home Affairs. 161-166 (2013).
26 Vir Sanghavi in Counterpoint, The Hindustan Times 11(Delhi, 23August 2008).
27 Wazahat Habibullah, Chairman, National Commission for Minorities, in a
interview given to NDTV‘s Barkha Dutt for details available at
http://www.ndtv.com/wethepeople (last visited on 23.02.2014 at 10.30 PM IST)
28 Text of NHRC opinion on Terrorism Ordinance 2001, issued in November 2001
8th Human Rights News Letter, NHRC, New Delhi (December 2001).
30 See Unlawful Activities (Prevention) Amendment Act, 2008.