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How to Cite:
Naaz, A., Khampa, D., Sharma, M., & Kumar, S. (2022). Terrorism: A menace to global
peace. International Journal of Health Sciences, 6(S4), 3834–3841.
https://doi.org/10.53730/ijhs.v6nS4.9763
International Journal of Health Sciences ISSN 2550-6978 E-ISSN 2550-696X © 2022.
Manuscript submitted: 27 March 2022, Manuscript revised: 18 May 2022, Accepted for publication: 9 June 2022
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Terrorism: A menace to global peace
Ahtasha Naaz
Fifth Year, B.A.L.L.B. (Hons), Student of Law college Dehradun, Uttaranchal
University, Dehradun-248007, Uttarakhand, India
Corresponding author email: ahtasha4@gmail.com
Dolma Khampa
Fifth Year, B.A.L.L.B. (Hons), Student of Law college Dehradun, Uttaranchal
University, Dehradun-248007, Uttarakhand, India
Email: khmpadolma@gmail.com
Prof. Mansi Sharma
Faculty at Law college Dehradun, Uttaranchal University, Dehradun-248007,
Uttarakhand, India
Email: mansisharma@uttaranchaluniversity.ac.in
Prof. Sachin Kumar Faculty at Law college Dehradun, Uttaranchal University,
Dehradun-248007, Uttarakhand, India
Email: sachinkumar@uttaranchaluniversity.ac.in
Abstract---Terrorism has emerged as the newest menace to world
peace and, in particular, India's national security. Terrorists are
growing their sophistication and competence in every aspect of their
operations. Weapon technology is becoming more accessible, and the
buying power of terrorist groups is increasing due to the easy
availability of both equipment and trained personnel to operate it.
Terrorists threaten not just the values of democracy and
independence, but also the life, prosperity, and development of
mankind. To prevent terrorism, stringent security measures are
essential. If a legislation against terrorism is applied in a country like
India, it should be so stringent that the guilty individual is imprisoned
and does not walk free due to loopholes or loopholes. It is impossible
to overlook the necessity for special laws to fight terrorism; in reality,
the issue lies in the execution of laws and the misuse of authority
granted by the unique legislation.
Keywords---criminal justice system, malimath committee report,
national investigation agency, anti-terrorism legislation, extraordinary
laws.
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Introduction
““
Terrorism is a kind of violence committed mostly against people. Generally,
terrorism is associated with immoral behaviour. Numerous political organisations
have used terrorism to accomplish their goals. An individual may engage in
terrorist activities because of frustration, hardship, poverty, a lack of proper
education, or a lack of proper family care. One of the numerous types of terrorism
is religious terrorism, in which the terrorists are deeply motivated by their
religious beliefs. Terrorists execute acts such as hijackings, hostage-takings,
vehicle bombs, kidnappings, and suicide bombings in order to establish a
perpetual terrorist of dread among the general public. School buses, nightclubs,
restaurants, shopping malls, five-star hotels, and hospitals are the most typical
locations for their assaults. They attack on these places because the foot falling of
the civilians is most. The hope of terrorism is to establish a continuous fear
among the public. Sometimes target can be buildings that are political symbol.
Terrorist Activities results to economic loss in the state. Varied conventions are
held to cope up with this barbaric Act. If we see in modern times, terrorist Activities
are more popular in developing countries then in developed countries. Asian
countries like India, Sri Lanka, Afghanistan, face most of the Acts as compared to
European countries. Some of the Acts of terrorism are 26/11 in India, in the state
of Maharashtra. 9/11 in the united states of America, at the world trade center.[1]
History of the word terrorism and its roots
The word terrorism comes from the French word regime da la terreur which was
the instrument of state t that time. The instrument contained the consolidation of
the power of the newly installed revolutionary government. According to the
French revolutionary leader, Maximiliene Robespiiere, “terrorism is nothing other
than justice.’’ Almost 40000 people were executed. Before the start of World War I
in Europe in 1914, the emergence of what would later be termed terrorism had
already started. Many commanders in the Serbian army supported, trained, and
armed the numerous groups in Serbia, such as the Barkan Groups, who were
active prior to the murder of Archduke Franz Ferdinand in Sarajevo on June 28,
1914. Similarly, there was another organization in Serbia known as the IMRO.[2]
There are some causes of terrorism like production of large quantity of fire arms,
atomic bombs, hydrogen bombs, nuclear weapons, rapid population growth”,
dissatisfied with the countries system, lack of proper education, bad association.
Apart from these, there may be several reasons. Nowadays, terrorism is used as a
weapon to prove and justify point. Dissatisfaction, corruption, racism, economic
inequality, these are some of fundamental elements of terrorism. The riots among
Hindu and Muslim is common in India. Terrorism creates fear in people. Animals
are killed due to terror Activity in any state. Loss to the state’s infrastructure is
caused. People after seeing terror Acts gets very easily influenced to perform the
same. The people who get indulged in these Acts as discussed above are who do
not get proper education, proper home care, proper parental care.
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Effect of terrorist Act on the victims
From victimology prospective the survivors of the terror attacks face from many
effects, such as:
1. The primary effect is experienced by those who suffer directly, whether it is
injury, loss, or death.
2. The secondary effect is experienced by the family members, relatives or
friends of the primary victims.
3. The tertiary effect is experienced by those who are the sufferer, are exposed
to TV or radio coverage.
Causes of Terrorism
There may be several causes of terrorism. The very first question that one thinks
is why people get involved in such barbarous Act and for what reason they do it.
There can be many factors that can be behind it some may be genuine and some
may be not. Some of the genuine reasons can be economic deprivation, political
frustration, regional disparities and intervention into religious and personal
freedoms by the state, poverty and unemployment. Poverty and unemployment
can be one of the causes of terrorism. Millions of rupees which are spent on
various other programs can also be spent into programs aiming in removal of
poverty and unemployment. If you drain the swamp, the mosquitoes will go, that
is, if the government promotes economic development by generating job
opportunities and launching free education programs for the ones who cannot
afford which will result in eradication of poverty and provide hope for the future,
terrorism will go. If the citizens are denied right to peaceful protest, they turn
adopts violent means that can be destroying the government infrastructure in
order to ventilate themselves.[3] But all these generalizations are not true. There
are many countries where there is poverty at its peak. The citizens may live in
drastic conditions, still these countries do not face any terrorist Activities. The
example can be the sub Saharan African countries. Wealthier countries are
somewhat more likely to serve as venues for terrorist. The people’s republic of
china saw protest against itself in 1989 by the students in Tiananmen, it seemed
as a hope for terrorism. Young, enthusiastic, freedom seeking students were
repressed by the Chinese communist government’s armed forces. Another
example can be of the Soviet Union (1917-91). The people there were also not given
right to peaceful assemble nor right of expression. The reasons for absence of
terrorism can be the control on media by the government and the coercive force
which they apply while in power. If neither economic deprivation nor the absence
of democracy constitutes terrorism then what does? The Generalized answer to
this question is that the countries which are more prone to terror Activities have
long back histories. Like, if see India there is fight for Kashmir almost every day.
There is news of terrorist invasion or even terrorist attacks in the union territory
of Jammu and Kashmir. This is because of the demand of Kashmir to be added in
the territory of Pakistan by the Kashmiri residents living there as Kashmir is 95%
Muslim dominated union territory and on other hand Pakistan is an Islamic state
as well. Some of the attacks are, the Pulwama attack in Jammu and Kashmir
killing 40 (CRPF) Personnels.
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Trauma and the individual
The physical pain resulting out of the terror Acts can include broken bones, tissue
injuries, long term disability, short term disability, serious pain and mental
disturbance. Victims can suffer from symptoms such as headaches and back
pain.[4] In addition to the psychological impact of terrorism on the individual,
affected societies suffer much more trauma which is a case where attacks are
done against a particular community.
For instance, terror attacks on American citizens like kidnapping them, mankind
video of killing them in order to make their government fulfill the demands.
Communities which experience attacks enter into shock because of the death of
their family members, or, in case of rape, community rejection. Further it is
important for the people to be safe themselves from getting influence by the videos
which consists of terror content. The simplest way to be safe is:
1.
Be aware of your surroundings.
2.
Refrain from sharing your personal information.
3.
Say something if you see something.”
Laws against Terrorism at International Level
According to the United Nations, terrorism is a criminal act perpetrated against
civilians with the intention to inflict death or serious bodily harm, or the taking of
hostages for the purpose of making the terrorists' demands.
International treaties against terrorism
The agreement on offences committed on board aeroplanes, which was approved
in Tokyo in 1963, is regarded as the first anti-terrorism pact. In the 1970s, a
great deal more conventions were hosted. The 1970 Convention for the
Suppression of Unlawful Seizures of Aircraft, the 1971 Convention for the
Suppression of Unlawful Acts Against Civil Aviation, and the 1973 Convention for
the Prevention and Punishment of Crimes Against Internationally Protected
Persons, Including Diplomatic Agents, are examples of such conventions. The
international treaty prohibiting taking hostages, enacted in 1979. The
international conventions for the suppression of terrorist bombs in 1997 and the
funding of terrorism in 1999. The United Nations General Assembly approved the
worldwide agreement for the suppression of acts of nuclear terrorism on April 13,
2005.
All of these accords and conventions specify close to fifty offences, roughly ten of
which are against civil aircraft, ten to twelve against ships, and some involve the
use or threatened use of explosives. All the signatories to these conventions
should make provisions in their domestic laws. All the parties should give their
courts very vast jurisdiction over the offences under question, make severe laws
for such Activities. Any person who is taken into custody under these conventions
in any signatories and that person is believed to be involved in terror Activities,
such person shall be given fair treatment irrespective of his or her nationality or
religion. Meaning thereby that the detainee shall be given enjoyment of the rights
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guaranteed by the detainee state. If we take example of India any person detained
shall have the right to legal representation, see his counselor. It is also the duty of
detaining state to tell about the availability of the right of legal representation to
the detainee.[5]
The provisions of the 1973 convention are related to crimes against international
protected persons these are the criminal Act in order to harm or kill the foreign
ministers, state heads of any state, their family members and that too when they
are abroad. The other types of international protected persons are the diplomats
stationed outside their parent state, there family members, when attacks are
committed against such persons these fall under the provisions of 1973
conventions. In all the conventions we see Acts committed against the person.
Convention relating to aviation means Act done on board which danger the lie of
the peoples on plane and the crew members. Concerning issues of these treaties
are the intent by which the terror Act is committed. Meaning thereby if any person
[referred as terrorist] detains any person with the intent to kill him or not or
threatens to kill him or inflicts injury in order to compel the international
government to meet their demands in exchange of detainee comes under the
provisions of these conventions.
Laws relating to terror prevention in India
The Indian legislature enacted many Acts against the prevention of terrorism
some of which are:
• Terrorist and Disruptive Activities [Prevention] Act, 1987.
• The Unlawful Activities [Prevention] Act, 1967.
• The Maintenance of Internal Security Act, 1971.
• The National Security Act, 1980.
• The Prevention of Terrorism Act, 2002.
The most recent Act is the prevention Act of 2002. All these Acts concern with the
prevention of terrorism in the country. The Section 3 of the TADA Act of 1987
states, "punishment for terrorist Act- whoever with the intent to overthrow the
government or strike terror in the public or section of peoples or to alienate any
section of people or to adversely affect the harmony between different religions or
does any Act or thing by using bombs, dynamite, or other explosive substance of
hazardous nature with the intent of killing someone or class of people." The TADA
Act was the first anti-terrorism legislation enacted by the government in order to
identify and combat terrorist activities.[6]
Controversial provisions of the TADA Act
• The Act provided that a person can be detained without any charge against
such person.
• Section 21 of the Act curtails the persons liberty by detaining him if found
with arms or other explosives even if they are not his or her as the case may
be on the mere ground of presumptions.
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• Another drawback of this Act was that a person making confession to the
police officer not below the rank of superintendence of police can be used as
evidence against him.
• The police authorities were not obliged to bring the detainee of the terror Act
within 24 hours before the magistrate as given under Article 22(2) of the
Constitution of India.
Some of the important cases on terrorist Acts in India
• The Bombay bombing case in the year 1993.on the date of 12th march 1993
thirteen explosions shook away India and the state of the state Maharashtra
(Bombay). This single day attack resulted in 317 deaths and near about
1400 injuries. The main targets of the Act were hotels, offices building
banks, petrol pump, markets.
• Many of the arrest were made. “In 2006 100 of 129 accused were found to
be guilty and were convicted by justice PD KODE.”
• Master minds of the Acts like “Yakub Memon was charged for the
possession of un authorized arms. Yakub Memon was executed by hanging
in Nagpur central jail on 30th July 2015.”
• Sanjay Dutt a Bollywood Actor was also sentenced under this Act only for
possession of unauthorized arms at his house. Which is said to be supplied
to him by Dawood Ibrahim’s gang.
The Delhi Attack
• In the year 2001 the Indian parliament was attacked by the members of
Lashkar-e-Taiba (LET) and Jaish-e-Mohaamad organizations.
• The Act resulted in 14 deaths and no MP’S and other central ministers were
harmed.
• According to the Delhi police there were 5 terrorist who carried out the
attack their names being: Hamza, Haider Alias Tufail, Rana, Ranvijay And
Mohammed.
The 2008 Mumbai Attacks famously known as 26/11
• The attack took place at various venues in Mumbai. The attack was given
force by ten members of Thlashkar-e-Taiba.
• Locations were attacks were made were The Taj Mahal Hotel, Oberoi
Trident, Cama Hospital, Chhatrapati Terminus.
Several forms of Terrorism
Religious terrorism- under religious terrorism the propagators are entirely lacking
of logic, or rationale and would not listen to either of the things. This form of
terrorism coerces others to follow their religion. The propagators aim to establish
supremacy of their religion over other religions around the world.[7] Regional
terrorism- this form of terrorism exists almost in every country whether it has
democratic, communal or presidential structure. Under this head the some of the
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regions in the country or territorial areas feels neglected and they feel
discriminated and starts ventilating those feeling in the form of protests which
ultimately takes form of terrorism.
Effect of terrorism on a country
The developing countries that were in the run in developing their infrastructure
and industries and rural areas after the second world war their developing
process was put on halt by the Act of terrorism. Railways, making of bridges,
buildings, many other industries which are the backbone of any country are the
favorite targets of the terrorist. These Acts slow down the developing speed of the
developing countries. Such economic losses affect the development of the
countries because many of the multinationals which are also necessary for the
countries development because they generate employment drops their idea of
getting into the effected country because of fear. Due to terrorist Activities there
are bands, curfews, and firing which also is the factor for slowing down the
developing process of the country.[8]
Terrorism has adverse effect on the society as fear is developed in the people at large
because of this their daily routine is halted for a bit. The peoples get scared in
going out at crowded places, doing their day to day work, go to jobs, etc. Political
effect- “Due to terrorism, the legitimacy of the political government comes into
doubt. It weakens the established government's roots. Any nation where terrorist
acts occur is afflicted with political instability. There is widespread disorder.
People anticipate a government from the established government on its efforts to
eradicate this scourge.[9 (Manoharam, 2010) (Manoharam, 2010)]
Conclusion
To solve this problem of terrorism a deeper analysis is needed. The utmost fActor
which indulges people in these Acts are unemployment and poverty in any
country. Peoples in the hope of money and support their family by monetary means
gets recruited to various terrorist Organizations. These recruits are brain washed
and they are told to work on specific ideology which many of the terrorist
organization give name as jihad.
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5. K Arvinda Rao, Naxalite Terrorism-Social and Legal Issues, East west books,
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6. Subramanyam, K. Terrorism and the Law’ , the Hindu 24th January, 2002.
3841
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