© Shail Shakya, Ashish Ransom, Abhishek Prajapati RMLNLU, February, 2010

SOCIO-LEGAL REVIEW:

NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE

TERRORISM: A NEW WORLD ENGAGED

-CONCURRENT VISIONS OF INDIA AND AMERICA

(Global Quest for Maintenance of Public Order)

DATED: 29 JANUARY, 2010

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I. ABSTRACT
Astonished by the great atrocities that the men have witnessed, terrorism has emerged as a
fact of global concern.1 Some of the policy makers advocate the development of a universal
definition, whereas others insist on using ambiguous and nonconsequential terms such as
transnational. The effect of lack of this agreement is that one country may categorize an act
as criminal terrorism, whereas other country may classify it as a liberation movement
deserving support rather than punishment. From the other perspective, media have come to
use terror in a much broader context. It is in this context that we must look at terrorism of the
future in a new light. It has long been held that media and terrorism are bound together in a
symbiotic relationship, however, the heart of issue remains whether the effect of the media
on public opinion and government decision making is favorable or negative for the continuity
of extremist movements.2 It is surprising to note that Iraq, Iran and North Korea are
contended to be “an axis of evil, arming to threaten the peace of the world”.3 Internationally,
there were 423 terrorist incidents in 2000, 392 in 1999, 274 in 1998.4 Of these 423 incidents
in 2000, 193 were committed in Latin America, 98 in Asia, 55 in Africa, 31 in Eurasia, 30 in
Western Europe and 16 in Middle East.5 Additionally, the need for global cooperation in the
field of terrorism and a vastly expanded intelligence effort means a need for individuals who
are prepared to fill the thousands of new positions developed to counter-terrorism efforts. In
addition to an operational agenda is the need for much improved research, both applied and
theoretical. The fact that the terrorists generally use the simplest technology available for
their attacks makes the situation elementary of the process and tactics to be employed to
combat with it.6 Domestically, the greatest threat is from within, at least in terms of
frequency of attacks. There will also continue to be disagreement as to what constitutes a
terrorist attack. Terrorism may be thought to be “Great Ghost”. Just when you think you
know what it is and can put your hands on it, it changes the shape and form and disappears.
Sincere efforts in these directions may let the menace to calm down and strive for upholding
the rights conferred on mankind.

1
As a result of the spread international terrorism that started with Yasser Arafat’s al Fatah Movement in the late
1960s, the term terror has taken on a much broader meaning.
2
Hoffman, 1998
3
President George W. Bush, State of Union Message, 2002; Libya and Syria were also analyzed through this
perspective by the president.
4
US Department of State, 2000
5
The State Department does not include Palestinian interstate violence in the ‘Global Terrorism’ report.
6
Semtex in Pan AM 103, the Urea Nitrate in World Trade Center, the ANFO in New York Conspiracy plot and
Oklahoma city bombing, shotgun in Abortion clinic murders; HME (home made explosives) in India’s
Parliament Attack, 2003; Serial blasts in Mumbai in 1991; AK 47 guns in Mumbai Terror Attack in 2009.

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II. TERRORISM IN UNITED STATES OF AMERICA

: THE COMING FATE

A.] INTRODUCTION

The events of September 11, 2001 marked a turning point in the American perception of the
terrorism.7 From a definitional standpoint, terrorism is generally defined as ‘the unlawful use
of force or violence against persons or property to intimidate or coerce a government, civilian
population or any segment thereof.8 Undoubtedly, definitional issues have proven difficult
from both a research and a practical standpoint.9 The office of International Criminal Justice
(OICJ), when located at Illinois at Chicago, sponsored annual conferences on issues related
to terrorism and international crime from 1986 through 1998.10 Following the major terror
attacks; from 1993 and 1995, greater emphasis was laid on so called “first responder
training”.11 There are various other agencies involving in setting up counterterrorism units
across the country.12 The literature available for the study of terrorism has also considerably
increased in order to expand and understand the etiology and future of terrorism.13 The USA
has also carried efforts in making various nonproliferation treaties.14 Despite media and
political criticism of the country’s lack of preparation or planning for the threat of a terrorist
attack, decision and policy makers largely ignored experts’ warning of the dangers inherent
in the country’s lack of legal and intelligence capabilities. Included in these warnings was the
propaganda that the terrorists will use simplest weapons to carry out the attack.

7
For most people in USA, terrorism meant something that happened to the World trade center in 1993; Alfred
P. Murrah Federal Building in 1995; the criminal justice community, terrorism has not been a topic of high
profile concern, only 100 colleges offered courses on terrorism in 2000. (Survey conducted by Sean Hill in
Doctoral Dissertation, Huntsville, Texas, Sam Houston State University, 2000)
8
One man’s terrorism could be other man’s freedom fighting.
9
US citizens view the bombing of World Trade Center as international terrorism and Oklahoma City bombing
as domestic terrorism.
10
The office of International Justice was relocated to Sam Houston, State University in Huntsville, Texas, in
1999.
11
Since 1983, the State Department Bureau of Diplomatic Security has sponsored Antiterrorism Assistance
Programme (ATAP), which has trained over 23,000 law enforcement officers from 112 countries.
12
Joint Terrorist Task Forces (JTTFs) of F.B.I.; Central Intelligence Agency; Defence Intelligence Agency;
ATF; Naval Criminal Investigative Service (NCIS).
13
When studying terrorism, emphasis should be laid on reciprocal relationship between terrorism, intelligence,
the political climate, socio economic conditions, and international legal issues.
14
Nuclear Nonproliferation Treaty (NPT), Chemical Weapons Convention (CWC), Biological Weapons
Convention (BWC).

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B.] ROLE OF CRIMINAL JUSTICE COMMUNITY

The task within the criminal justice community is onerous, involving a level of planning and
preparation that may be likened to the overhaul of the US criminal justice system that took
place in the 1960s following the report President’s Commission on Crime and Criminal
Justice.15 The Bush’s administration’s immediate response to the attacks on September 11, in
declaring war on the Taliban in Afghanistan and the global al-Qaeda network, was a call for
action to combat the threat of terrorism.16 With regard to WMD, in the aftermath of Anthrax
incident that resulted in the deaths of five people, greater attention must be paid to coping
with the threat of chemical, biological and nuclear weapons. Furthermore, given the universal
nature of the present threat, issues related to cooperation between countries, extradition,
illegal immigration, human rights, and differing legal systems and laws will further tax the
justice system’s capabilities. There are some other reasons that threaten the USA’s internal
security and predominance in the world politics.17

C.] ASSESSING THE THREAT

The resilience of Americans is perhaps the best hope for the future, for despite the broad
nature of terrorism, most people will never directly experience the consequences of a terrorist
attack. And although the current focus is on al-Qaeda terrorist network and will be for some
time to come, one of the most serious outcomes of September 11 is the fact that a new script
for terrorism has been written in the ashes of the World Trade Center and the Pentagon.18
There is a strong evidence to support the hypothesis that the actors and their political
philosophies cover a much broader spectrum than those of 1960s and 1970s.19 a department
of defense report noted that acquire NBC (nuclear, biological and chemical) weapons and

15
In the coming years, several hundred billion dollars will be devoted to combating terrorism.
16
Similar other steps like the appointment of Governor Thomas Ridge as director of the newly formed office of
homeland security has served as the mobilization point for a domestic response that, in no small measure, will
engage virtually all aspects of criminal justice system.
17
There are five key factors that affect the terrorism in USA: 1) US predominance in world economic, political,
and military affairs; 2) the proliferation of WMD; 3) the rise of Islamic extremism and violent nationalism
aimed at US citizens abroad; 4) the increasing terrorist use of global mobility and sophisticated communication
systems; 5) the worldwide expansion of uncontrolled criminality and organized crime. (Badolato, 2001)
18
With books such as the greatest generation and the greatest generation speaks by Tom Brokaw that detailed
the experiences of world war II veterans, there has been such comparision between American spirit in the 1940s
and the fortitude of “Generation Xers” and beyond.
19
The Southern Poverty Law Center’s Klanwatch identifies 858 so-called patriot organizations, of which 380
are militia groups.

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stridently oppose US policies could pose significant potential dangers to US interests.20

Finally, one cannot rule out the economic impact of terrorism on the quality of life enjoyed
by Americans.

D.] THE ACTORS

A number of countries, including Iraq, Iran, Libya, Syria and North Korea continue to be
listed by the State Department as being involved in state-sponsored terrorism.21 Within the
United States, we are witnessing what appears to be an increase in attacks by individuals who
display some real or imagined grievance.22

E.] TYPOLOGIES OF TERRORISM

Typologies of terrorism can be useful, but there is much disagreement in the literature as to
what constitutes terrorism. Also, classifying a phenomenon or putting it into a taxonomy with
result in a certain loss of detail or specifies to make the group fit into a category. Simply put,
and from an American perspective, there are four types of terrorism:23

1. International terrorism committed against American interests abroad

2. Domestic terrorism committed by foreigners
3. Domestic terrorism committed by U.S. citizens
4. International terrorism not directly related to U.S. interests

Attacks on American business have had a detrimental impact on the ability of companies to
operate abroad. Many U.S. companies are forced to pay “protection” money, and kidnapping
of executives continues to be a major problem. In many countries, our embassies and
consulates have been fortresses, contributing in no small measures to strained relationships
and the inability of diplomats to maintain open communication with the population. Within
the immigrant community in the US are very individuals, some of whom are sponsored by

20
Office of Secretary of Defense, 1996, p.43
21
What keeps North Korea on the list and makes a close watch on the country politically and militarily
necessary is not so much its endorsement of terrorism (most of which is targeted at South Korea) as the rapid
expansion of its long range missile development program.
22
In the past, most of these so called issue oriented extremists have been nothing more than a small minority of
people who decided that they would split off from the rest majority of individuals who were involved in
legitimate protest activities, (Dyson, 2001)
23
White (2002),

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rouge countries, who are prepared to carry out attacks on American interests.24 Usually
referred as “sleepers”, they continue to represent a threat. Small cells of them hide in pools or
pocket of ethnically similar neighbor hoods in large cities.25 Home grown right-wing and
militia groups that preach hate includes any number of individuals who are deranged enough
to carry out terrorist attacks. Of particular interest and concern is the capability of the internet
to bring people of like interests together and foster the use of violence. Though the internet is
one of the most important inventions of this century and though it offers tremendous
advantages, like most inventions of modern society, it has a downside. The question we must
ask is how we cope with the disadvantages. Additionally, it is more for law enforcement and
intelligence agencies to infiltrate and prevent attacks by domestic extremists when only two
or three people are aware of the operation (as in the case of the Oklahoma City bombing).
They are best doing so by tracking the materials and the money. 26 These, though not
officially designated as being terrorism or investigated as such, create a climate of fear and
terror in communities.27 International terrorism not directly related to U.S. interests, such as
that connected to conflict28 thought not of great interest to most Americans, does not have
indirect consequences in a number of ways. Trade and economic implications are obvious,
but in addition, the racial, religious, and ethical diversity of the United States means that
many Americans have kinship this to one side or another in these conflicts.

F.] THE WEAPONS

It has been argued that the culture of violence in the United States, coupled with the
availability of weapons, contributes to an increasing threat of internal terrorism by a broad
but relatively small group of individuals who are willing to kill or destroy property because
of real or imagined grievances. It is safe to assume that conventional weapons, firearms and
bombs, will be the most common choice of domestic terrorists in the immediate future.
Nevertheless, we must be concerned about the threat that WMD pose for the future. The

24
Algeria, Israel and Colombia are examples of countries where violence is rife and where terrorism affects
both the economy and quality of life.
25
The 1993 attack on the World Trade Centre that killed six people with a fertilizer-type car bomb is perhaps
the best example of a sleeper group’s capability. Emerson (2002) has identified the method used by Islamic
radical movement to infiltrate the United States.
26
We have also seen the use of violence by cults (usually against their own members), the use of violence by
organized criminal groups, and a growing number of individual attacks.
27
Keep in mind that the Unabomber, a single individual, was able to successfully threaten the airline industry as
well as the academic community.
28
in the Middle East, sectarian violence in India, and separatist movements in Sri Lanka, Chechnya and
Northern Ireland,

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greatest threat externally, and one that concerns U.S. law enforcement, is that use of WMD.
29
Generally, WMD fall into four categories- nuclear weapons, biological weapons, chemical
weapons, and, increasingly, means of disabling the nation’s communications, computer, and
infrastructure components, including those that supply power, food and water. Nuclear
weapons.30 However. fall of the Soviet Union and the sale of nuclear materials on the black
market have increased the probability that a terrorist group could obtain a nuclear device. 31
An additional concern is that insufficient security measures being taken to protect the
operation of nuclear reactors and the transport of fission material. Due to a lack of resources,
Russia is currently using many of its nuclear submarines to power cities on its eastern
seaboard, and little is being done to ensure the protection of these ad hoc power plants. In
recent years, there have been a number of arrests in Europe of individuals attempting to
transport nuclear materials.32 As Taylor noted, the design for a nuclear weapon is readily
available and can be found on the internet. Many experts believe that it is only a matter of
time before a nuclear device is used somewhere in the world by an extremist movement.
Think of the devastation to Israel if a low-yield nuclear devise were detonated in the heart of
Tel Aviv.

F.1.] Biological Agents

Biological agents are defined as organisms, or toxins developed from living organisms, that
can be used against people, animals, or crops.33 Micheal Osterholm (199), chief
epidemiologist of the Minnestosta Department of Public Health, stated that the ideal
bioterrorist weapons

29
Former Secretary of Defense William Cohen has said that at least 25 countries are working on or have the
capacity to use WMD. “The front lines are no longer overseas,” he said, noting that the threat is “neither far
fetched nor far off” (“25 Countries,” 1997, p. 13).
30
The use of nuclear weapons in unconventional warfare involves a number of logistical and technological
problems. Thus, nuclear weapons are generally more likely to be used in state supported terrorist incidents.
31
There are an estimated 27,000 nuclear warheads and 1,300 tons of fission materials in Russia, many of which
are loosely guarded. According to one report, Russian General Alexander Lebed said that 84 tactical nukes
(special atomic demolition munitions) had been found to be missing during a routine inventory (Leifer, 1996).
32
In November 1997, for example, four people in Romania were arrested while trying to sell 100 grams of
uranium-235 pellets. According to police, the asking price was $30,000 per grams, or $11.4 million for the
lot(“Four Uranium Traffickers,”1997). Former nuclear weapons designer Theodore B. Taylor stated that “a
small crudely fabricated nuclear devise with an unpredictable yield could have toppled the twin towers....Even
if the bomb fizzled, gamma ray and neutron effects would still result in thousands of casualties” (Hughes, 1996,
p.6).
33
A report by the National Defence University stated that although terrorist do not have a history of interest in
biological agents, the potential for their use, internationally and domestically, has become much greater. In
addition, the report noted that “law enforcement officials have arrested individuals associated with white
supremacist and militia groups who possessed biological agents” (Carus, 1997, p.2).

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• Would be inexpensive and easy to use

• Could be aerosolized

• Would survive sunlight and heat

• Would cause lethal or disabling diseases

• Could be transmitted from person to person

• Would have no effective medical treatment

The disease matching these characteristics include

• Bacterial : anthrax, Q-fever, brucellosis, tularaemia, plague

• Viral : smallpox, viral encephalitis, viral hemorrhagic fever

• Toxin : botulism, Ricin, staphylococcal entero-toxin B

It is estimated that the greater threat from biological weapons is the contamination of food or
water. There have been attempts to contaminate water systems, but these have failed because
municipal water systems are designed to eliminate impurities. To successfully infect a water
supply, a terrorist would have to have large amounts of agent and some knowledge of the
water supply network and access to critical locations within the network.34 There have also
been terrorist attempts to contaminate food. Because heating kills pathogens, the most likely
target would be food that is consumed without being cooked. Agricultural targets are
susceptible to biological agents, and the most serious threat is the introduction of anthrax into
animals.35 The FBI gas detected only one bioterrorism incident in the United States. 36 Tests of
the agent successfully infect more than 150 people. 37 A former deputy chief of research in the
Soviet Union who now lives in the United States has said that most of the Russian biologists
working in Russia’s bio-warfare program left the country.38 At one time, Russia had at least
40 research and production facilities. Although there have been fewer than 15 known
34
Thus, this scenario, though possible, is highly unlikely (Dick, 2001).
35
The World Health Organization has estimated that “50 kilograms of dry anthrax used against a city of one
million people would kill 36,000 people and incapacitate another 50,000” (Carus, 1997, p.2).
36
In 1984, a religious cult (the Rajneeshee) in Wesco County (near Portland), Oregon, attempted to infect the
community with Salmonella typhimurium, an agent that would cause diarrhea and would in turn keep people
from voting in a general election.
37
Two people were arrested in connection with the incident and were subsequently convicted (Carus, 1997). In
February 1998, the arrest of two individuals, one allegedly tied to right-wing hate groups, who were suspected
of having anthrax proved to be nonlethal and the individuals were released, the threat underscored the dangers
associated with biological weapons (Purdom, 1998).

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incidents involving bioterrorism since the 1950s, the attention being paid to the threat of
bioterrorism is perhaps that best evidence of growing concern throughout the world. Of
interest are the techniques for disseminating biological agents, given that problems in this
regard have hampered their use in the past. A future scenario may include the use of humans
as disseminators of biological agents. Consider the possibility of placing a biological agent in
the food of a businessman who does a lot of routine international travel and predictably eats
at many of the same restaurants every trip. The agent could be designed to incubate until he
returns to the United States and then to release itself and infect many others.

F.2.] Chemical Weapons

A chemical weapon is a poison that kills or incapacitates on contact with the skin. Although
chemical warfare has a relatively long history, it is only in the past decade that the threat has
been linked to terrorism.39 In what may be described as a more traditional terrorist act,
Japan’s Aum Shinrikyo cult, led by Shoko Asahara, proved that terrorist groups have the
capacity to use lethal chemicals.40 According to the FBI, the number of threats to the use
chemical or biological weapons is on the increase. There were at least 20 incidents in 1997,
most of which proved to be no more than threats or hoaxes; however, a number of incidents
have been all too real.41

G.] CYBERTERRORISM IN AMERICA

The increasingly complex nature of our society and increasing globalization has also
increased the threat of terrorist attacks against the country’s infrastructure and technological
framework. It is likely that in the next decade we will see an increase in the number of
attacks on telephone, transportation, water, food and computer facilities. The term cyber-
terror coined to describe attacks largely on computer systems, is much broader than it might

38
Although some went to the United States and Britain, “One can guess that they’ve ended up in Iraq, Syria,
Libya, China, Iran, perhaps Israel, perhaps India- but no one really knows, probably not even the Russian
government” (Preston, 1998, p,53).
39
Internationally, Iraq’s use of nerve gas against both civilian and military targets in its war with Iran and
conflict with the Kurdish minority is the most frightening example of the modern use of chemical agents.
Thousands of people, including many Kurdish people located near the Turkish border of northern Iraq, died
horrible deaths as the world watched.
40
Their March 1995 attack in the Tokya subway killed 12 and injured hundreds.
41
“Investigators have found bio-chemical agents in the hands of political extremists, extortionist, murderers and
the mentally ill” (Kaplan, 1998, p.27).

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appear. Virtually, all of our life support systems today depend in some way on computer
technology.42 Some experts use the term information warfare to describe this phenomenon,
for virtually every aspect of our lives also depends on our ability to communicate and to
provide information.43 Thus destroying telephone communication has a major impact on
emergency services.

H.] THE WAR ON TERRORISM

Following the events of September 11, 2001; America’s strategic response to the threat of
terrorism has ranged from brilliant to foolish, and at times there have been accusations of
over-action. But when a building is burning, you do not necessarily measure the minimal
amount of water it will take the douse the flames. It is quite amazing to see how fast the
government has responded with both operational and legislative approaches. The war on
terrorism- a war without frontlines or traditional military responses is unlike any national
conflict of the past. Just how well the country is responding to this new threat is perhaps best
measured in terms of our enemy’s inability to mount a sustained attack on American interests
here and abroad. This is due in no small part to several important initiatives, including the
military response, the domestic response, diplomatic efforts, and unprecedented levels of
cooperation among government agencies and between the public and the private sector. Of
particular importance has been the level of cooperation with other countries, especially
Pakistan. Despite a decade of warnings about the al-Qaeda network from the intelligence
community, it was not until after September 11 that the world community reacted strongly,
with more than a thousand suspected terrorists being apprehended and a murder of plots
against American interests. A small glimpse of just a few of the individuals who are either
fugitives or in custody in many different communities demonstrates the global reach of
current terrorist networks:44
1. Ramzi bin al-Shibh (Fugitive- Germany):- A Yemeni cleric believed to be responsible for
the planning and logistical support in the September 11 attack.
2. Imad Yarkas (In custody- Spain):- led eight men charged with helping the hijackers
prepare for the attack.

42
A statement delivered to the National Research Council in 1991 shows that the future dangerousness of
cyberwarfare has been consideration since the dawn of telecommunication age.
43
As per Andrew Riddle, Public Policy Expert, 1996
44
Johnson, 2002

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3. Fawaz Yahya Al-Rabeei (Fugitive- Yemen):- suspected of planning future attacks on

Americans.
4. Ahmad Omar Saeed Sheikh (In custody- Pakistan): top suspect in the kidnapping and
murder of Wall Street Journal reporter Daniel Pearl
5. Aftab Ansari (In custody- India): suspect of directing money to al-Qaeda Terrorists
Individuals suspected of involvement with al- Qaeda are also in custody in Singapore,
Indonesia, the Philippines, Italy and Malaysia. The establishment of the Office of Homeland
Security in the United States has brought together a broad array of groups at the national
level, with corresponding groups at the state and local levels. This has entailed some
problems and confusion, but overall the cooperation has been unprecedented. A law
Enforcement Working Group in Washington, D.C., brings together government, military, and
justice agencies as part of the domestic planning effort. The FBI, as the lead agency in
terrorism investigations, is undergoing a major reorganization, and a new military structure
for domestic protection is being implemented.45 Ultimately, the war on terrorism will depend
largely on an improved intelligence effort, the use of technology, and the endurance of the
American public to deal with a prolonged military operation. 46 But the global response to
terrorism will require sustained and lengthy efforts, which may take years to be successful.
Undoubtedly, the conflict in the Middle East adds yet another dimension that, from a U.S.
perspective, increases Arab hostility towards Americans and makes Arab leaders reluctant to
be cooperative. Fears of an expanded war in this part of the world are fueled by reports that
other countries, such as Iran, are actively engaged in the conflict.47 Despite numerous public
policy statements by public officials that this is not a religious war, an increasing number of
attacks, both verbal and violent, on Arabs and Arabs interesting by hate groups and
misguided individuals have heightened tensions. There is no doubt that the war on terrorism
has had and will continue to have a profound impact on our way of wife, as well as the lives
of people in other countries.48 On a broader scale, the attacks on the World Trade Center and
the Pentagon have provided a new script for terrorists in illustrating the devastating impact
that a well-planned strategy can have on the U.S. and international economics. It has been

45
The Federal Aviation Administration has moved rapidly to hire and train sky marshals and airport security
personnel. Medical responses to cope with chemical and biological threats have included stepped-up “first
responder” and medical personnel training, and antidotes for such threats as anthrax and smallpox are being
stockpiled.
46
The military response in Afghanistan has been swift, resulting in a number of important intelligence
successes, and for the moment has apparently crippled efforts by al-Qaeda operatives to communication.
47
To some degree, the Arab Israeli conflict and U.S. responses in investigating al-Qaeda suspects have raised
the concerns of Moslems in this country.
48
Most experts agree that there will be future attacks within the country and on American interests abroad.

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alledged that al-Qaeda members sold a bunch of American Airlines stock on September 10 in
anticipation of the market crash after the attacks and thereby obtained millions of dollars.

III. TERRORISM IN INDIA: A NEW WAR AHEAD

1.] INTRODUCTION

In India terrorism is not a new term for us but the matter become more serious when the
world find that there is involvement of army and other branches of government. Every
country in the world which became victim of terrorist acts had to necessarily devise new
laws, procedures and institutions to be able to prevent and punish the menace of terrorism
sometimes camouflaged as political struggles, jihads movements and proxy wars. These
resulted in increased restrictions on liberty and freedom in varying degrees depending on the
gravity of the situation and the demands of non-derogable human rights.

2.] ROLE OF CRIMINAL JUSTICE COMMUNITY

Combating terrorism in India is more difficult and complex as compared to UK or USA

because of the active involvement of some neighboring countries 49 and the accumulated
inefficiencies of a Criminal Justice System unable to cope up even with ordinary crimes.
Admittedly, stringent laws by themselves cannot prevent or punish terrorist acts. It requires
effective institutional structures, a professional force well trained and properly equipped as
well as a mindset which is tough and at the same time accountable to rule of law. In the long
run, only good governance alone can control terrorism. For the immediate future what is
required is to revamp the investigation and prosecution of terrorist offences so that the fear of
law is brought back and the victims are taken care of which the State is obliged under law.
The recent amendments to Criminal Procedure Code and the Unlawful Activities
(Prevention) Act are aimed towards achieving these objectives. Indian State has been passing
several national security legislations since independence to safeguard the security and

49
Pakistan admitted in a confession made to the Govt. of India that terrorist groups are running training camps
in POK.

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territorial integrity of the country. These laws are equipped with extraordinary procedures in
contrary to constitutionally guaranteed fundamental rights and civil liberties of citizens.
Under these laws suspected citizens can be detained without trial. Several such laws are
already are in operation like the Preventive Detention Act, Maintenance of Internal Security
Act (MISA), National Security Act (NSA), Armed Forces Special Powers Act (AFSPA),
Unlawful Activities Prevention Act (ULAPA), TADA, POTA and the two new additions are
the Unlawful Activities (Prevention) Amendment Act, 2008 and National Investigation
Agency Act, 2008 to deal with extraordinary special situation existing in India after Mumbai
Attack (9/11). Along with these new legislations it is proposed to create special military and
paramilitary forces such as National Security Guard, anti-naxal Cobra battalions or the Grey
hounds on the similar pattern of Andhra Pradesh to deal with terrorist threats. It is proposed
to allocate Rs. 2,00,000 crore per development of these specialized military forces. People in
different parts of India expressed their resentment against the military and paramilitary
forces. The global terrorism is new alibi for the state to pass new laws for dealing with the
suspected citizens. The real question is whether such new laws will be able to stop eleven
‘guest militants’ to make their way through naval and coast guard patrolled waters in a small
boat. The Mumbai terror attack happened due to failure of intelligence and could be
prevented by creation of new investigative agency in the name of NIA.

3.] FUTURE THREATS

India shares greatest threats from terrorist activities in the acknowledged fields like economy,
internal peace, industry sector, trade sector, tourism, etc. Terrorist groups have always
intention to create terror in the mind of citizens or affect directly or indirectly in long term or
short term to the country in economic, social and political way. For example 9/1150 incident
which not only affect the business sector but also to the tourism sector which has contributed
a lot to the economy in previous years. Terrorism’s other purpose is to defame the
government by disturbing the internal security and spread the chaos among the public51. As
our Prime Minister has said internal threats are the biggest concerns of this time52. After the
visit from the Assam and other North-East part, concern for internal protection has been

50
Mumbai Terror Attack in India on 9.11.2008
51
Operation Blue Star
52
India Today, 2009.

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grown up in the mind of the ministries.53The causes for the various insurgent/terrorist
movements include:
Political causes: This is seen essentially in Assam and Tripura. The political factors that led
to insurgency-cum-terrorism included the failure of the government to control large-
scale illegal immigration of Muslims from Bangladesh54, to fulfill the demand of economic
benefits for the sons and daughters of the soil, etc.

Economic causes: Andhra Pradesh, Madhya Pradesh, Orissa and Bihar are prime examples.
The economic factors include the absence of land reforms, rural unemployment, exploitation
of landless labourers by land owners, etc. These economic grievances and perceptions of
gross social injustice have given rise to ideological terrorist groups such as the various
Marxist/Maoist groups operating under different names.

Ethnic causes: Mainly seen in Nagaland, Mizoram and Manipur due to feelings of ethnic
separateness.

Religious causes: Punjab before 1995 and in J&K since 1989.

In Punjab, some Sikh elements belonging to different organisations took to terrorism to

demand the creation of an independent state called Khalistan for the Sikhs55. In J&K,
Muslims belonging to different organisations56 took to terrorism for conflicting objectives.
Some, such as the Jammu & Kashmir Liberation Front, want independence for the state,
including all the territory presently part of India, Pakistan and China. Others, such as the
Hizbul Mujahideen, want India's J&K state to be merged with Pakistan. While those who
want independence project their struggle as a separatist one, those wanting a merger with
Pakistan project it as a religious struggle. There have also been sporadic acts of religious
terrorism in other parts of India. These are either due to feelings of anger amongst sections of
the Muslim youth over the government's perceived failure to safeguard their lives and
interests or due to Pakistan's attempts to cause religious polarisation. The maximum number
of terrorist incidents and deaths of innocent civilians have occurred due to religious
terrorism. While the intensity of the violence caused by terrorism of a non-religious nature
can be rated as low or medium, that of religious terrorism has been high or very high. It has

53
www.hindu.com
54
.The Times of India, August 2009
55
. When mob kill the Sikhs after the assassination of the Indira Gandhi.
56
. Like SIMI, HujM, Lashkr-e-Taibya, etc.

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involved the indiscriminate use of sophisticated Improvised Explosive Devices(IEDs),

suicide bombers, the killing of civilians belonging to the majority community with hand-held
weapons and resorting to methods such as hijacking, hostage-taking, blowing up of aircraft
through IEDs, etc.

4.] TERRORISM- A PROBLEM IN SOUTH ASIA

Rising Asia will continue to reshape globalization, giving it less of a “Made in the USA”
character and more of an Asian look and feel. At the same time, Asia will alter the rules of
the globalizing process. By having the fastest-growing consumer markets, more firms
becoming world-class multinationals, and greater S&T stature, Asia looks set to displace
Western countries as the focus for international economic dynamism—provided Asia’s rapid
economic growth continues. But it is said that there are always two sides of one coin
therefore due to these changes terrorism has spread all over the Asia. But Asia is not
developing due to the personal enmity between them. Sometimes we hear that China has
done insurgency at LAC or Pakistan intelligence agency57 has cross the border. These reports
are true because these developing economies want that they may become the ‘world-power’.
And in the race of becoming world power they are destroying each other’s mutual
relationships which were created by our ancestors. China has given the Diego Gracia Island
to the American troops to keep a vigil eye on the India’s activity. On the other hand Pakistan
want that India must not become the world power therefore they do proxy wars in nearby
areas of J&K. 58

5.] THE WAR ON TERRORISM

The Indian Legal System is no stranger to the idea of special category of offences. Earlier
special crimes like Thuggi and dacoity were associated with the depressed tribes and caster
under the Criminal Tribes Act. Even in the modern days certain crimes are related to the
caste and social status of the victim (The SC and ST Prevention of Atrocities Act, 1979). The
idea of special category of offences like terrorism was most strongly mooted by the Malimath

57
Inter Service Intelligence(ISI)
58
David Barsamian, American Journalist said in the 1st National Convention of Students for Human Rights held
on 26th -27th December, 2008 at Mumbai.

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Committee59. The Malimath Committee opined that the following nine categories of crimes
can be declared as federal crimes:
• Terrorism and organized crime having interstate and international ramifications;

• Crimes in special maritime and territorial jurisdiction of India;

• Murder of Head of State, Central Government Minister, Judge of the Supreme Court
and internationally protected persons;

• Frauds, embezzlements and cheating in nationalized banks/Central PSUs, financial

institutions;

• Tax offences involving Union Taxes like Income Tax, Customs, Central Excise etc.

• Counterfeit currency, money laundering;

• Offences relating to art, treasures and antiquities;

• Piracy on high seas;

• Offences of Central government employees under the Prevention of Corruption Act

and related Sections of the IPC.

The aforesaid wide spread of scheduled Offences that includes two categories of IPC
offences as well displays Governments, anxiety of addressing the terrorist crime problem
more seriously and with a sense of distrust in the machinery and motives of the States to deal
with crimes effectively. For instance if a minor economic crime like section 489 E, that
entails a punishment of fine up to one hundred rupees, is classified as a Federal Crime how
would the Federal Agencies be able to do real justice to serious crime like Terrorism,
Hijacking and Maritime Navigation Crimes etc? The National Investigation Agency, 2008
and the Unlawful Activities (Prevention) Amendment Act, 2008 have several novel and first
time features. Both these laws were drafted, deliberated, approved by both the Houses of
Parliament, received the assent of the President of India in the record period of less than a
month’s time. The NIA Act envisages creating distinct agency for investigation and
prosecution of scheduled offences. Though sections 6(3)(4) and (5), 7(a) and (b), and section
9 confers exclusive and overriding powers to the National Investigation Agency, but leaving
the most vital power of recording of an F.I.R. with the State agency under S. 6(1) is likely to
59
(2003) in Ch. 17 (Organized Crime), Ch. 18 (Federal Law and Crimes) and Ch.19 (Terrorism)

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seriously hamper the initiatives of the National Agency. The power of the State Police to
exercise discretion in matters of recording of an F.I.R. has led to a divided Supreme Court
already. But in cases of serious offence like terrorism recording or not recording of an F.I.R.
may become involved in political debate and ultimately weaken the impact of the new
measure itself. Furthermore, the NIA Act neither imparts new kind of wider and more
incisive sweep to the term “investigation” nor lays down any special qualification for the
investigators who would mean the NIA. If investigation of Scheduled Offences is a more
serious and challenging task than why no appropriate measures are designed for that task?
Similarly, if specialized prosecutors and the courts are envisaged under sections 11, 12, 13
and14 of NIA Act why adequate measures to ensure their special status are not conceived
under the Act? Further more if the envisaged investigatory and prosecutional agencies are to
be made appropriate to the exigency and challenge of terrorism why not trust their efficiency
and speed in doing the job assigned to them and why revel the extension of the period of pre-
charge sheet detention from ninety days to one hundred and eighty days? Do we mean, we
should without giving a fair try to the new agencies presume the agencies will be incapable
of completing investigation within a shorter period? Finally, and more importantly: what
kind of model for investigation and prosecution of Scheduled Offences we envisage to have
for our society. According to Herbert Packer (The Limits of the Criminal Sanction, Stanford
Univ. Press, 1968) organizing investigation and prosecution under Crime Control Model
(CCM) that would be ideal for producing a high rate of apprehension and conviction, would
call for that the screening processes operated by police and prosecutors are reliable
indicators of probable guilt. That is once a determination is made that there is enough
evidence of guilt than all subsequent activity towards him is based on the view that he is
probably guilty. Such a presumption of guilt is neither a rule of law nor a precise state of
thing. Packer describes it as: It simply is the consequences of a complex of attitudes, a mood.
If there is confidence in the reliability of informal administrative fact finding activities that
take place in the early stages of the criminal process, the remaining stages of the process can
be relatively perfunctory without any loss in operating efficiency. The presumption of guilt
as it operates in the Crime Control Model is the operational expression of that confidence”.60

6.] CYBER TERRORISM AND MEDIA TERRORISM

60
pp.160-161

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Terrorism is the most pressing national security issue facing the United States and its allies
around the world. This became shockingly clear on September 11, 200161 and promises to be
a long-lasting threat requiring a total commitment by the United States to eliminate terrorist
organizations wherever they are found. Terrorism is an old problem, and the word terrorism
dates to France’s Reign of Terror in 1793-94.62 The United States State Department has
defined terrorism as violence against noncombatants for the purpose of influencing public
opinion.63The former deputy chief of the CIA Counterterrorist Center 64 has identified four
elements that are common to all acts of terrorism.65 Acts of terrorism are: (1) premeditated
and not simply acts born of rage, (2) political and designed to impact political structure, (3)
targeted at civilians and civilian installations, and (4) conducted by ad hoc groups as opposed
to national armies. The war on terrorism is sure to result in cyber attacks against US assets
launched by terrorist groups, nation-states that provide support for terrorists, and hackers
who sympathize with the terrorists66 .The term “cyber terrorism” was coined to characterize
computer-based attacks against an adversary’s assets. It takes place were cyberspace and
terrorism converge.67 Though these attacks occur in cyberspace, they still exhibit the four
elements common to all acts of terrorism68: (1) Premeditated and not simply acts born of rage
Cyber terrorist attacks are pre-meditated and must be planned since they involve the
development or acquisition of software to carry out an attack. (2) Political and designed to
impact political structure Computer terrorism is an act that is intended to corrupt or
completely destroy a computer system.69 Cyber terrorists are hackers with a political
motivation, their attacks can impact political structure through this corruption and
destruction. (3) Targeted at civilians and civilian installations Cyber terrorist attacks often
target civilian interests qualifies cyber terrorism as an attack that results in violence against
persons or property, or at least causes enough harm to generate fear. (4) Conducted by ad hoc
groups as opposed to national armies Cyber terrorism is sometimes distinguished from cyber
warfare or information warfare, which are computer-based attacks orchestrated by agents of a
nation-state. Cyber warfare is another term that is often used to describe various aspects of
defending and attacking information and computer networks in cyberspace, as well as

61
http://www.geneva-link.ch/pgalley/infosec/sts_en/terrinfo.html
62
Garrison, 2003.
63
Council on Foreign Relations [CFR], n.d.
64
http://www.nautilus.org/info-policy/workshop/papers/denning.html
65
Vatis, 2001
66
Ibid.
67
Denning, 1999
68
http://www.csis.org/pubs/cyberfor.html
69
Galley, 1996

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denying an adversary’s ability to do the same.70 Cyber warfare and information warfare
employ information technology as an instrument of war to attack an adversary’s critical
computer systems.71 Winn Schwartau (1994) has proposed three categories for
classifying information warfare: (1) Personal Information Warfare, (2) Corporate
Information Warfare, and (3) Global Information Warfare. Personal Information Warfare
involves computer-based attacks on data about individuals. It may involve such things as
disclosing or corrupting confidential personal information, such as those in medical or credit
files. Corporate Information Warfare may involve industrial espionage or disseminating
misinformation about competitors over the internet. Global Information Warfare is aimed
at a country’s critical computer systems. The goal is to disrupt the country by disabling
systems, such as energy, communication or transportation. Another level of politically
motivated computer attacks is often referred to as hacktivism – a combination of political
activism and hacking. The intent in hacktivism is to disrupt normal operations but not cause
serious damage.72 These may include web sit-ins, automated email floods, and weak viruses.
Hence, hacktivism is distinguished from cyber terrorism by the level of damage and
disruption intended by the politically motivated hackers. India and Pakistan have engaged in
a long-term dispute over Kashmir. The dispute moved into cyberspace when pro-Pakistan
hackers began repeatedly attacking computers in India. The number of attacks has grown
yearly: 45 in 1999, 133 in 2000, and 275 by the end of August 2001. At least one of these
groups, the Pakistan Hackers Club, has also attacked American assets, namely, web sites
maintained by the US Department of Energy and the US Air Force. The Israel-Palestine
conflict saw its first cyber attacks in October 2000 when some Israeli teenagers launched
DOS attacks against computers maintained by the Palestinian terrorist organizations
Hezbollah and Hamas.73 Anti-Israel hackers responded almost immediately and crashed
several Israeli web sites by flooding them with bogus traffic. Among the Israeli sites attacked
by the Palestinians were sites belonging to the Knesset (parliament), Israeli Defense Forces,
the Foreign Ministry, and the Bank of Israel. When planes from the North Atlantic Treaty
Organization (NATO) bombed targets in Kosovo, the NATO computers suffered sustained
attacks.74 Approximately 100 web servers run by NATO were subjected to ping saturation.
At the same time numerous American military and commercial web sites were defaced by

70
Hildrith, 2001
71
Hirsch, Kett, & Trefil, 2002
72
Denning, 2000b
73
Kraft, 2000
74
Nuttall, 1999

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Russian, Chinese, and Serbian hackers. These attacks did not affect the command and control
systems for the NATO bombing but did impact NATO’s efforts to use the Internet to launch
a propaganda campaign to gain support for ending the regime of Milosovic. 75 The political
conflict was accompanied by an online campaign of cyber attacks carried out by both sides,
with hackers around the globe joining.76
IV. SUGGESTIONS AND RECOMMENDATIONS: PREPARING THE KIT

All through the emerging facets of terrorism; in light of the facts that we have gathered
through the fantastic elaborations made above, some points appear to be having the
momentum to cause hurricanes in minds of the policy makers.
 It is said that pen is mightier than sword.77 But not said what kind of disaster would
take place if the mightier pen becomes the supporter of the mightier sword. The
symbiotic relationship; called so, between media and terrorism enables the terrorist
organizations to use media as a channel for their biased messages to be heard by the
target audience. It seems to have forgotten that the media has some sort of serious
consequential responsibilities. Eventually, media should deny the terrorists a
platform, unless doing so would be likely to contribute to their imminent defeat.
Media can do a lot to combat this evil, and so it must so as to eradicate the
fluctuations of the darkened future.
 It is pertinent to discuss some of the issues raised by Human Rights Watch with Mr.
Barack Obama for fighting terrorism fairly and effectively. The HRW appealed to
Mr. Obama78 and suggested him to fight terrorism with all fairness and to follow
effective counter-terrorism policy grounded in respect for human rights. It is also
important to locate the discussion in the context of ‘broken and defunct’ Indian Police
System that facilitates and encourages human rights violations. The Indian state is yet
to build professional force sensitive to respect the human rights.

75
One of the NATO web sites attacked carried messages from NATO detailing the atrocities of Milosovic and
justifying the bombing. The mid-air collision of an American surveillance plane and a Chinese fighter aircraft in
2001 engendered a political and diplomatic dispute between the two countries.
76
(McWethy & Starr, 2001; Vatis, 2002).
77
The origination of the thought dates back to the Greek period. The Greek poet Euripides, who died about 460
BC said “tongue is mightier than the blade”.
78
Mr. Barack Obama has agreed with the suggestions and ordered for the release of the victims in Guantanamo
Bay deterring around 250 people.

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 Can the rule of law (presumption of innocence) accommodate reduction of the

prosecutor’s burden in serious crimes without diluting the basic rights of the
accused?79 Should the right of the accused remain silent during the trial give way in
larger interests of society in terrorist crimes at the discretion of the court?80
 Some legislative steps can help the nations to overcome the coming threats of
terrorism such as; 1) Rationalizing distinct criminal justice policies and enactment of
special legislations, 2) Justifying special legislations in the light of ‘Greater’ and
‘Graver’ harm potential of certain deviant conducts, 3) Creation of distinct and
exclusive investigatory and prosecutorial agencies.81
 Preparing and thereby implementing such policies against the spread of terrorism that
can deter the terrorists to have a hope of access to the weapons of mass destruction.82
In this perspective, the governments of the states are required to be more cautious
ever than before, in so far as a slight delay can lead to instances of worst
nightmares.83
 Greater appreciation should be awarded for the people associated with the rescue of
general public in terrorist attacks. This creates the intention amongst the citizens that
the nation abides by the commitments made in the past.
 Though the internet is one of the most important inventions of this century and
though it offers tremendous advantages, like most inventions of modern society, it has
a downside. The question we must ask is how we cope with the disadvantages.
Additionally, it is more for law enforcement and intelligence agencies to infiltrate and
prevent attacks by domestic extremists when only two or three people are aware of
the operation (as in the case of the Oklahoma City bombing). They are best doing so
by tracking the materials and the money.
 Indian State has been passing several national security legislations since
independence to safeguard the security and territorial integrity of the country. Several
such laws are already in operation like the Preventive Detention Act, Maintenance of
Internal Security Act (MISA), National Security Act (NSA), Armed Forces Special
Powers Act (AFSPA), Unlawful Activities Prevention Act (ULAPA), TADA, POTA
79
Fali S. Nariman, Terrorism and Criminal Justice System, Commonwealth Lawyers’ Association, 2006, p. 16-
19 at p. 18
80
Issues raised by Malimath Committee Report on Criminal Justice System Reforms, India.
81
As per Herbert Packer; The limits of the criminal sanction, Stanford University Press, 1968
82
Supra, n. 35 at p.8
83
There were at least 20 incidents in 1997, most of which proved to be no more than threats or hoaxes;
however, a number of incidents have been all too real.

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and the two new additions are the Unlawful Activities (Prevention) Amendment Act,
2008 and National Investigation Agency Act, 2008 to deal with extraordinary special
situation existing in India after Mumbai Attack (9/11). Along with these new
legislations it is proposed to create special military and paramilitary forces such as
National Security Guard, anti-naxal Cobra battalions or the Grey hounds on the
similar pattern of Andhra Pradesh to deal with terrorist threats. Similar steps should
be demonstrated by other countries to enhance the capacity of internal security and to
encourage enthusiasm while combating with the curse.

V. CONCLUSIONS: EXPERIENCES FROM THE PAST

Terrorism, as a whole has gained international cognizance and is existing as the biggest
threat to many of the governments of states and people residing across the globe. In order to
fight with the same, accurate and working methods are required to be drafted and practiced as
we have witnessed flawless fatalities of the state administration in various terrorist attacks
through the ages. Politically oriented terrorist organizations should be taught the lessons of
peace and a universal definition of terrorism should be adopted and encouraged. the need for
global cooperation in the field of terrorism and a vastly expanded intelligence effort means a
need for individuals who are prepared to fill the thousands of new positions developed to
counter-terrorism efforts. In addition to an operational agenda is the need for much improved
research, both applied and theoretical. The fact that the terrorists generally use the simplest
technology available for their attacks makes the situation elementary of the process and
tactics to be employed to combat with it.84 Domestically, the greatest threat is from within.
Political aspirations are likely to be executed in order to secure the safety of future as there is
no outcome of fights, besides destruction and loss of men. Building of strong intelligence
network throughout the states and carrying on single common propaganda could be a light of
the way. Serious demonstrations should be made to the objects of the threatening
organizations and their will should not be compromised, but should be adjusted in order to
provide greater upliftment to the principles of humanity and protection of the mankind.
Global humanitarian interventions should be addressed without exploration of the depths of

84
Semtex in Pan AM 103, the Urea Nitrate in World Trade Center, the ANFO in New York Conspiracy plot and
Oklahoma city bombing, shotgun in Abortion clinic murders; HME (home made explosives) in India’s
Parliament Attack, 2003; Serial blasts in Mumbai in 1991; AK 47 guns in Mumbai Terror Attack in 2009.

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the problems. Terrorism is growing day by day and the expanding pans are likely to
demarcate the world on religious lines affecting the commitments of states to the
international community. All; whatsoever possible, should be done in order to escape the loss
of people and property.

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