Terrorism and human rights: a human rights perspective on public policy response to terrorism in India in the new millennium

Abstract

India is facing the threat of terrorism that presents a major public policy dilemma. The dilemma lies in the need to reconcile the requirements of countering terrorism, which, requires a strong State, and preservation of human rights and civil liberties that necessitates limitations on the powers of the State. In post 9/11 World, the growing global consensus against terrorism strengthens India s position in formulating its policy response. There is no single pattern or causative factor but three broad strands of terrorism in India. Kashmir terrorism is predominantly external aided but with historical roots. Northeast terrorism is localized but intense and complex with live volcanoes (Assam, Manipur, Tripura and Nagaland) and dormant volcanoes(Mizoram, Meghalaya and Arunachal Pradesh) that may become live in future. The conflict patterns alternate between inter-tribal conflict, conflict between tribes and non-tribes and between tribes and the State. Naxalism is a homespun problem that is expanding to cover pockets of underdeveloped areas in several states. The theoretical distinction between terrorism and insurgency gets blurred in the real world. Sustained terrorism leads to De-legitimization of the State. A recurrent theme of the reports and campaign of the human rights NGOs is the alleged violations committed by the security forces while the latter regard the NGOs as front organizations of terrorists. Human Rights have now to be seen in terms of their horizontal applicability to all sections of society (including terrorists) instead of confining it to a vertical relationship between the State and the Citizens. While the root causes of terrorism ( demand side ) must be addressed, it is equally important to pay attention to factors that sustain it ( supply side ). The nexus between criminality and terror is one such factor. A Soft State with Soft Borders is a recipe for policy disaster. The Indian State must adopt a coherent policy response to justify its raison d etre. Such a policy frame work must be based on the following 8 pillars: Law Enforcement, Human Rights Sensitization, Border Management, Crisis Management, Sustained Dialogue, Diplomatic Initiatives, Good Governance and Management of Political Pluralism. A Triple I approach based on Insulation of vulnerable sections from group appeal of terrorism, Isolation of the lawless fringe and Integration into social mainstream is called for. In a democratic society based on human rights, there is no final solution to such complex problems and conflict resolution is more a process than a destination.