Contents

1. Introduction
2. Terrorism - Types, Genesis and Definition
3. Terrorism in India
4. Dealing with Terrorism: Legal Framework
5. Measures against Financing of Terrorism
6. Institutional and Administrative Measures*
7. Civil Society, Media and Citizens

Quotes & Visuals

 “A spring at its source can be turned
with a twig, But when grown into a
river, not even an Elephant can cross
it”
 “The roots of Sanatana Dharma are
stated to be in being free from malice
and greediness; observance of
austerity, compassion for all creatures,
self-control, chastity, truth, tenderness,
forgiveness, and fortitude”
Introduction

 The nature of terrorism today is shifting from “traditional international

terrorism of the late 20th century into a new form of transnational non-
state warfare.”
 An arc of extremism now extends across the Middle East and touches
countries far outside that region including India
 This is a completely unconventional type of war. Several attacks in
India, 9/11 in the US, 7/7 in the UK, 11/3 in Madrid
 What is now happening in Afghanistan and in Indonesia, the continuing
conflict in Lebanon and Palestine, these are all symptoms of this
disease

Introduction

 The underlying causes have to be confronted at the level of ideologies

and values. What are the values that will govern the future of the
world?
 Are they those of tolerance, freedom, respect for difference and
diversity or those of reaction, division and hatred?
 This unconventional war can not be won in a conventional way.
 It can only be won by showing that our values are stronger, better and
more just, more fair and more humane than the alternative
 Another disturbing trend is that the so-called war against terror is seen
as a war against Islam.
 This is unjustified and terrible for the Muslims as they now face religious
discrimination along with being socially underprivileged
Introduction

 The Koran is very clear: ‘let there be no compulsion in religion’

 The spectre of international terrorism is one such phenomenon evolving
out of the churning that has accompanied globalization process.
 We must fight terrorism wherever it exists, because terrorism
anywhere threatens democracy everywhere
 Extremism’s whole strategy is based on perceived sense of grievance
that can be inflated to motivate people to fight against each other.
 Our response has to be a set of values strong enough to unite rather
than divide people
 The human psyche will have to be evolved continuously to ensure that
value systems based on humanity and tolerance prevail over extremism

Introduction

 The story of the Parsees’ assimilation in India shows that people of

different identities, languages, cultures and religions can assimilate into
an inclusive society and culture
 Terrorism is worse than an act of war against the nation, because terror
acts are executed by stealth making no distinctions between civilians
and military between men, women and children, old and young,
rich and poor
 Non-violence (ahimsa) of Hinduism in Gandhian perspective was not
just a negative concept of avoiding violence; in fact, it required its
practitioner to be socially engaged, proactively kind and caring
 Gandhiji derived inspiration for selfless service as much from
Christianity and Islam, as from Hinduism and Jainism
Introduction

 In particular when politics intrudes into and takes over religion, violence
seems to follow. Innocent people are slaughtered in the name of God.
But if we turn things the other way around, and start with the human
being, we will be able to do what is right and good
 3rd report on Crisis Management + 5th report on Public order
 Terrorism today has transcended pure crisis management or public
order issues and is enmeshed in an intricate web of organized crime,
illegal financial transfers and trafficking in arms and drugs, which
poses a grave threat to national security
 The existence of sleeper cells, the spread of modern communications
and the increasing use of modern weapons, technology and tactics
have enabled the merchants of terror to spread their tentacles far and
wide subjecting the entire country to their nefarious design

Terrorism - Types, Genesis and Definition

 History
 Terrorism is as old as the Roman Empire and it existed in some form
or the other, be it the Zealots in Judea or the Assassins in the 11th to
13th century with religion being a strong motivating factor behind
terrorist activities until the French Revolution
 In fact, the term “terrorism” originated from the Reign of Terror
 Following the Second World War, there was a shift in the nature and
locale of terrorist activities around the world. The focus of terrorist
activities shifted from Europe to the Middle East, Africa and Asia with
the emergence of various nationalistic and anti-colonial groups in these
regions, notably in Israel, Kenya, Cyprus, Algeria, Palestine and Malaya
Terrorism - Types, Genesis and Definition

 Left wing extremism, based on their belief that terrorism is the only
strategy of revolutionary movement for the weak in the Third World (e.g.
in Malaysia, Vietnam etc.), surfaced in Europe and elsewhere as well,
especially since the late 1950s (Red Army faction, West Germany;
Black Panthers in USA; Naxalites and Maoists in India)
 International terrorism today is marked by the large number of
transnational terrorist groups, mostly motivated by the Islamist
fundamentalist ideology with Osama bin Laden’s Al-Qaeda at the
forefront, and the Taliban in Afghanistan as its close ally
 The rapid rise of the Talibans during the anti-Soviet militant movement
was made possible largely because of extensive patronage by USA’s
CIA and Pakistan’s ISI, with billions of dollars in cash and in kind
having been poured into the region via Pakistan

Terrorism - Types, Genesis and Definition

 Types of Terrorism - Terrorists are motivated by different goals and

objectives. Depending on the objectives of the group/groups, the nature
of terrorism also differs
1. Ethno-Nationalist Terrorism
2. Religious Terrorism
3. Ideology Oriented Terrorism
4. State-sponsored Terrorism
5. Narco-terrorism
Terrorism - Types, Genesis and Definition

 Ethno-Nationalist Terrorism
became prominent only after the Second World War and dominated the
terrorist agenda around the world for more than 50 years until religious
terrorism came to occupy the centre stage
deliberate violence by a subnational ethnic group to advance its cause.
Such violence usually focuses either on the creation of a separate State
or on the elevation of the status of one ethnic group over others
Examples - Tamil Nationalist groups in Sri Lanka and insurgent groups
in North East India

Terrorism - Types, Genesis and Definition

 Religious Terrorism
The practitioners of terrorism motivated either in whole or in part by a
religious imperative consider violence as a divine duty or a sacramental
act.
It embraces different means of legitimisation and justification compared
to other terrorist groups, and these distinguishing factors make religious
terrorism more destructive in nature
 Ideology Oriented Terrorism
Any ideology can be used to support the use of violence and terrorism.
Ideology oriented terrorism is generally classified into two: Left-wing
and Right-wing terrorism
Terrorism - Types, Genesis and Definition

(a) Left-wing Terrorism - Violence against the ruling elite mostly by the
peasant class motivated by what are called leftist ideologies have
occurred time and again in history
Ideological basis provided by Marx and Engels
Later supported by the writings and speeches of communists like Lenin
and Mao Tse-tung (Mao Zedong)
Leftist ideologies believe that all the existing social relations and state
structures in the capitalist society are exploitative in character and a
revolutionary change through violent means is essential
Examples - Red Army from Germany, Maoist from India

Terrorism - Types, Genesis and Definition

(b) Right-wing Terrorism - Right-wing groups generally seek to maintain

the status-quo or to return to some past situation that they feel
should have been conserved. Sometimes, groups espousing rightist
ideologies might assume ethnic/racist character too
They may force the government to acquire a territory or to intervene to
protect the rights of an ‘oppressed’ minority in a neighboring country (i.e
: the Nazi Party in Germany)
It is to be noted here that religion can play a supportive role to rightist
violence.
Examples of these are: Nazism in Germany, Fascists in Italy, white
supremacy movements in the US known as Ku Klux Klan (KKK)
Terrorism - Types, Genesis and Definition

 State-sponsored Terrorism
State-sponsored terrorism or warfare by proxy is as old as the history of
military conflict
In recent times, some countries have embraced terrorism as a
deliberate instrument of foreign policy.
One distinction of state sponsored terrorism from other forms of
terrorist activity is that it is initiated to obtain certain clearly
defined foreign policy objectives rather than grabbing media
attention or targeting the potential audience
In a cost benefit analysis, state-sponsored terrorism is the most
effective means of terrorism from the perspective of the perpetrator

Terrorism - Types, Genesis and Definition

State-sponsored terrorism was widely employed in Central Asia in the

nineteenth century. Russians supported their fellow Slavs in the
Balkans
Countries like Iran, Iraq, Sudan, Libya North Korea have been engaged
in sponsorship of political violence of different nature in their ‘enemy’
countries.
India has been facing this problem from Pakistan since Independence
Narco-terrorism
Narco-terrorism is an interesting concept, which can fall in the
category of either ‘Types of Terrorism’ or ‘Means of Terrorism’,
depending on how it is defined
Terrorism - Types, Genesis and Definition

Narco-terrorism has been defined by the Canadian Security Intelligence

Service as ‘the attempt by narcotics traffickers to influence the policies
of the Government by systematic threat or use by violence’.
However, it is also possible to view narco-terrorism as a means of
terrorism or at any rate as a means of funding terrorism.
As the term itself suggests, narco-terrorism combines two criminal
activities; drug trafficking and terrorist violence
Narcoterrorism is motivated mainly by economic reasons as it helps the
terrorist organizations raise huge sums of money with minimum
cost for their activities (Golden Triangle & Golden Crescent)
Islamist terrorist groups in India supported by the Pakistan ISI are
reported to be active in drug trafficking along the Kashmir Valley and
also in other parts of the country

Terrorism - Types, Genesis and Definition

 Definition of Terrorism
 It is somewhat surprising that despite terrorism being recognised as a
global phenomenon, attempts in the past for arriving at an
internationally accepted definition of terrorism have proved futile
 Reasons –
 firstly, a ‘terrorist’ in one country may be viewed as a ‘freedom fighter’
in another;
 secondly, it is known that some States resort to or encourage various
kinds of criminal acts, clandestinely, through their own agencies or hired
agents to subvert or to otherwise destabilize another lawfully
established government or in extreme cases get important political or
governmental personalities of another State assassinated
Terrorism - Types, Genesis and Definition

 Member-States of the United Nations have not arrived at a

consensus regarding the definition of terrorism
 League of Nations Convention (1937): describes terrorism as “all
criminal acts directed against a State and intended or calculated to
create a state of terror in the minds of particular persons or a group of
persons or the general public”.
 The US Department of Defence defines it as “the unlawful use of - or
threatened use of - force or violence against individuals or property to
coerce or intimidate governments or societies, often to achieve political,
religious or ideological objectives”

Terrorism - Types, Genesis and Definition

 Position in India
 Terrorism as an offence does not figure in the Indian Penal Code of
1860
 In India, the first special law which attempted to define terrorism was the
Terrorist and Disruptive Activities (Prevention) Act, 1987, which was
followed by the Prevention of Terrorism Act, 2002 (POTA).
 With the repeal of the latter in 2004, the Unlawful Activities (Prevention)
Act, 1967 was amended to include the definition of a ‘terrorist act’
 4 The Unlawful Activities (Prevention) Act, 1967, which was amended in
2004, defines a ‘terrorist act’ thus
Terrorism - Types, Genesis and Definition

 whosoever, with intent to threaten the unity, integrity, security or

sovereignty of India or to strike terror in the people or any section of the
people in India or in any foreign country, does any act by using bombs,
dynamite or other explosive substances or inflammable substances or firearms
or other lethal weapons or poisons or noxious gases or other chemicals or by
any other substances, (whether biological or otherwise) of a hazardous nature,
in such a manner as to cause, or likely to cause, death of, or injuries to any
person or persons or loss of, or damage to, or destruction of, property or
disruption of any supplies or services essential to the life of the
community in India or in any foreign country or causes damage or destruction
of any property or equipment used or intended to be used for the defence of
India or in connection with any other purposes of the Government of India, any
State Government or any of their agencies, or detains any person and
threatens to kill or injure such person in order to compel the Government in
India or the Government of a foreign country or any other person to do or
abstain from doing any act, commits a terrorist act”.

Terrorism - Types, Genesis and Definition

 While the laws of some countries (e.g. the USA, Canada, the UK and
Australia) speak of the intention behind the terrorist act being for the
purpose of advancing a ‘political, religious or ideological cause’, the
Indian laws have avoided any such intention or purpose being
incorporated to define or describe a terrorist act
 Means of Terrorism
 Conventional Means
 attacks on persons and property using weapons, bombs, IEDs,
grenades, landmines etc, apart from hostage-taking, hijacking and
forcible take-over of buildings, especially Government/public buildings
 In addition, there is increasing resort to suicide attacks and kidnapping
Terrorism - Types, Genesis and Definition

 Besides, there are looming threats of terrorists acquiring Weapons of

Mass Destruction (nuclear, chemical or biological) and of cyber
terrorism as well as environmental terrorism
 Environmental Terrorism: While eco-terrorism is in protest against the
destruction of the natural environment, environmental terrorism is the
premeditated damage caused to the natural world for example during
the Gulf War of 1991 when Saddam Hussein ordered the detonation
of more than 1000 oil wells which engulfed Kuwait in smoke
 Weapons of Mass Destruction: Weapons of Mass Destruction (WMD)
are weapons that can inflict heavy and indiscriminate damage on a
given target
 The possibility of acquisition of such weapons by terrorist organizations,
the perceived Iraqi possession of it and the US led war on Iraq brought
WMD into focus

Terrorism - Types, Genesis and Definition

 Chemical Weapons: A chemical attack could be the release of toxic

gas caused by attacking an industrial facility, or releasing a chemical
that has been stolen from its legitimate users to inflict heavy damage on
the enemy
 According to the Chemical Weapons Convention signed in 1993, any
toxic chemical, regardless of its origin, is considered as a chemical
weapon if it is used for purposes that are prohibited
 Toxins such as ricin, botulinum toxin, nerve agents, lewisite, sarin etc
are examples to this
Terrorism - Types, Genesis and Definition

 Nuclear weapons: It is argued that the engineering skills and

equipment needed to build the simplest form of nuclear weapon, a “gun”
style bomb using highly enriched uranium (HEU) – are not particularly
complex; any well organized group can develop such a weapon.
 However, what makes it difficult for terrorist organizations and non-State
actors is the non-availability and the complicated process and the
cost involved in enriching uranium
 From the late 1990s onwards, Al-Qaeda has constantly been trying to
acquire it with the help of different State agencies
 Biological Weapons: Bio-terrorism is a relatively new form of terrorist
activity that has emerged as a result of the advancements in
biotechnology being accessible to terrorist groups

Terrorism - Types, Genesis and Definition

 The American Center for Disease Control and Prevention, (CDC)

defines bio-terrorism attack as “the deliberate release of viruses,
bacteria, or other germs (agents) used to cause illness or death in
people, animals, or plants”
 Terrorists use biological agents “because they can be extremely difficult
to detect and do not cause illness for several hours to several days
 France and Germany, in the 1930s, introduced disease causing
potato beetle to degrade the food crops of enemies’ civilian
population
 Soviets and the Mujahideen groups are alleged to have employed
biological agents during the Afghan crisis and the Communists were
accused of using them in Laos and Cambodia
Terrorism - Types, Genesis and Definition
 Cyber-terrorism
 The term ‘cyber-terrorism’ is of very recent origin in comparison to other
forms of terrorist activities
 cyber-terrorism is the convergence of terrorism and cyberspace
 It is generally understood to mean unlawful attacks and threats of
attacks against computers, networks, and the information stored therein
when done to intimidate or coerce a government or its people in
furtherance of political or social objectives
 According to the Federal Bureau of Investigation (FBI), cyber-
terrorism is a criminal act perpetrated by the use of computers and
telecommunications capabilities, resulting in violence, destruction
and/or disruption of services to create fear by causing confusion and
uncertainty within a given population, with the goal of influencing
governments or people to conform to a particular political, social, or
ideological agenda

Terrorism - Types, Genesis and Definition

 2 components of cyber-terrorism –
1) Computer technology as a facilitator of terrorism
2) Computer technology as a specific component of terrorist weapons or
targets
 Outcomes of Cyber Attacks –
1. Loss of Integrity
2. Loss of Availability
3. Loss of Confidentiality
4. Physical Destruction
Terrorism - Types, Genesis and Definition

 Incidents of Cyber Attacks:

 In 1998, Sri Lankan embassies were swamped with e-mail bombs by
ethnic Tamil militants. This is believed to be the first cyber-terror attack
in the world
 In October 2000, some Israeli youngsters launched DoS (Denial of
Service) attacks against the computers maintained by the terrorist
groups in Palestine
 Recent cyber Attacks := Wannacry ransomware attack in 2017 + petya
+ Ethereum + massive hack of Yahoo's email system in 2013 + Joker's
Stash, a notorious online marketplace, claimed it had data from 30
million cards of Wa Wa customers, the breach ranks among the largest
payment card breaches of 2019, and of all time

Terrorism - Types, Genesis and Definition

 Suicide Terrorism
 LTTE’s suicide bombing campaigns
 Jehadi terrorists took to suicide terrorism in the 1990’s.
 In Kashmir, the first suicide attack by the Fedayeen was on July, 13
1991 on a Border Security Force Post
 Since then, the Fedayeen had been involved in attacking the Indian
Parliament in 2001 nearly leading to a face-off between India and
Pakistan, in storming the Akshardham Temple in Gujarat in 2002, and in
an abortive attempt at Ayodhya in July 2005
 It is important to note that the term ‘Fedayeen’ does not exactly mean a
suicide terrorist in the sense that his death is not vital or inevitable for
the success of the mission he undertakes
Terrorism In India

 Jammu & Kashmir

The roots of insurgency in Jammu & Kashmir can be traced to the later
part of the 1940s when Pakistan attacked India with a view to capture
Jammu & Kashmir
Following the 1971 India-Pakistan war there was a lull in the
secessionist activities
However, the eighties witnessed large scale infiltration across the
border and a sudden increase in insurgency
The decade of the 1990s saw large scale deployment of security forces
in the State

Terrorism In India

The rise of Islamist fundamentalism and emergence of Al-Qaeda has

added another dimension to the insurgency in Jammu & Kashmir
From India’s point of view, the real threat vis-à-vis Islamist
fundamentalism emanates not so much from the Al-Qaeda and the
Taliban per se but from their regional affiliates who, though sharing the
former’s philosophy and outlook, have by now developed separate
networks capable of undertaking jihadi onslaughts on their own
Pakistan-based terrorist organisation called Laskar-e-Tayyaba (LeT) is
known to have developed cells not only in India but also in about 18
countries, including the USA, the UK, France, Singapore and Australia
Other affiliates of Al-Qaeda which continue to pose a serious threat to
peace and security in India are the Jaish-e-Mohammed (JeM), Al-Badr
Terrorism In India

JeM’s declared objective is to unite Kashmir with Pakistan

Government of India has been endeavouring to tackle the problems of
the troubled State through a multi-pronged strategy
On the political aspect, primacy has been given to political dialogue with
emphasis on political-democratic processes and emphasis on the rule of
law. In specific terms, the following steps may be mentioned:
a) emphasis on comprehensive confidence building measures not only
within Jammu & Kashmir but also with Pakistan
b) facilitating people-to-people contact between residents of Jammu &
Kashmir and those of POK

Terrorism In India

c) Government of India initiative in holding periodic dialogues with groups

representing different shades of opinion, including the separatists
Of the internal security related measures, mention may be made of
a) revitalising the Unified Command mechanism
b) banning nine terrorist organisations reported to be operating in Jammu
& Kashmir under the Unlawful Activities (Prevention) Act, 2004
including JeM, LeT, HM and HuM
c) setting up Village Defence Committees and appointment of Special
Police Officers in selected areas
d) providing for reimbursement of the State’s security related expenditure
Terrorism In India

 On the administrative front, the following steps deserve mention :

a) relief measures for victims of militancy
b) encouraging and facilitating return of Kashmiri migrants
c) special facilities and concessions provided to Central Government
employees posted in the Kashmir valley
 North Eastern States
 long history of conflict and violence among the tribal groups within the
same State, and also neighbouring States
 Illegal Immigration in the North East (refer Conflict mgmt. report)

Terrorism In India

 Punjab
 quest for a separate Sikh identity
 Even after the formation of a separate State of Punjab, some related
issues remained unresolved pertaining inter-alia to their demand for
Chandigarh as the State capital, sharing of river waters etc
 terrorist elements demanded secession in the form of ‘Khalistan’
 Rajiv Gandhi-Longowal Accord in July 1985 brought this turbulence to
a temporary end
 Ideology-oriented Terrorism : Left-Wing Extremism (LWE)
Terrorism In India

 Naxalite movement and its later reincarnation as the Maoist movement

since 2004, may be briefly summarised as below:
 May, 1968 : Formation of the All India Co-ordination Committee of
Communist Revolutionaries (AICCCR) to carry forward the militant
movement in different parts of India
 22 April, 1969: Formation of a new Marxist-Leninist party to be
known as the CPI (ML), which was formally announced in a rally at
Calcutta on 1 May, 1969
 Overt acts of violence in the name of ‘annihilation of class enemies’
started surfacing thereafter in parts of different States led by the CPI-
ML leaders and their cadres in West Bengal, Andhra Pradesh,
Kerala, Bihar, UP besides Orissa, Madhya Pradesh and Punjab

Terrorism In India

 Various splinter groups of Naxalites started resurfacing in various

parts of India during the early 1980s. Thus, the Naxalites of Andhra
Pradesh regrouped as the CPI-ML (Peoples’ War Group/ PWG);
likewise the Bihar Naxalites rechristened themselves as the Maoist
Communist Centre (MCC)
 Terrorism Based on Religious Fundamentalism
 The ISI launched an initiative in 1991, even before the Babri Masjid
demolition to forge an alliance between Khalistani terrorism that
prevailed in Punjab and the terrorist groups in Jammu & Kashmir
 2001 attack on Parliament
 2005 attack on Ayodhya
Terrorism In India

 Mumbai Blasts 2006

 It is important to take a look at the role played by the Students’ Islamic
Movement of India (SIMI) in the promotion of Islamist extremism in
India. Funded generously by various Islamist charities
 Emerging Threats
 The impact of modern technology, particularly communication
technology combined with increasing globalization, rapidly increasing
trade in goods and services as well as faster movement of people
across borders means that terrorism in the 21st century has acquired
newer and deadlier dimensions

Terrorism In India

 The existence of a large migrant population and porous borders in

an increasingly multi-cultural world means that sleeper cells spawned
through propagation of terrorist ideology, often by using the internet, can
become the fifth column threatening the national fabric of democratic
countries
 Integration of national economies, banking and financial systems
coupled with faster movement of money across national borders also
make it easier to fund terrorist activities around the globe
 Strategy to Counter Terrorism
 A Multi-pronged Approach
Terrorism In India

 socio-economic development is a priority so that vulnerable sections

of society do not fall prey to the propaganda of terrorists
 service delivery mechanisms need to be responsive
 Strong measures are required to deal with criminal elements but
with respect for human rights
 Multi Stakeholder approach - the Government, political parties,
security agencies, civil society and media – would have an important
role to play
 The necessary elements of such a strategy are listed as:

Terrorism In India

1. Political consensus
2. Good governance and socioeconomic development
3. Respect for rule of law
4. Countering the subversive activities of terrorists
5. Providing the appropriate legal framework
6. Building capacity
 Resultant –
a) Government = legality + construction + results
b) Terrorists/insurgents = illegality + destruction + promises
Terrorism In India

Terrorism In India

 Global Counter-Terrorism Strategy adopted by the UN General

Assembly in September, 2006
 first time that all Member States have agreed to a common strategic
approach to fight terrorism
 The plan of action includes the following four measures:
1. Measures to address the conditions conducive to the spread of
terrorism
2. Measures to prevent and combat terrorism
3. Measures to build States’ capacity to prevent and combat terrorism
and to strengthen the role of the United Nations system in this
regard
Terrorism In India

4. Measures to ensure respect for human rights for all and the rule of
law as the fundamental basis of the fight against terrorism

Dealing with Terrorism: Legal Framework

The Laws to Deal with Terrorism

(i) The Terrorist and Disruptive Activities (Prevention) Act, 1987 (allowed
to lapse in 1995)
(ii) The Prevention of Terrorism Act, 2002 (repealed in 2004),
(iii) Unlawful Activities (Prevention) Act, 1967 {amended in 2004 and
2019}
(iv) The National Security Act, 1980
(v) National Investigation Agency Act, 2008 (amended in 2019)
Dealing with Terrorism: Legal Framework

UAPA Amendment 2019 salient features –

The central government may designate an organisation as a terrorist
organisation if it: (i) commits or participates in acts of terrorism, (ii)
prepares for terrorism, (iii) promotes terrorism, or (iv) is otherwise
involved in terrorism. The amendment additionally empowers the
government to designate individuals as terrorists on the same
grounds
Investigation of cases may be conducted by officers of the rank of
Deputy Superintendent or Assistant Commissioner of Police or above.
The amendment additionally empowers the officers of the NIA, of
the rank of Inspector or above, to investigate cases

Dealing with Terrorism: Legal Framework

The Act defines terrorist acts to include acts committed within the scope
of any of the treaties listed in a schedule to the Act. The Schedule lists
nine treaties, including the Convention for the Suppression of Terrorist
Bombings (1997), and the Convention against Taking of Hostages
(1979). The amendment adds another treaty to the list- International
Convention for Suppression of Acts of Nuclear Terrorism (2005)
The amendments give powers to the Director General of the National
Investigation Agency (NIA) to attach properties acquired from
proceeds of terrorism. Earlier, the law required that the NIA take prior
permission from the respective state police chief to attach the proceeds
of terrorism
Dealing with Terrorism: Legal Framework

 The National Security Act, 1980

empowers the Union Government or the State Governments to detain a
person to prevent him from acting in any manner prejudicial to the
defence of India, the relations of India with foreign powers, or the
security of India, or with respect to any foreigner with a view to
regulating his continued presence in India
Such preventive detention can also be made with a view to preventing
a person from acting in any manner prejudicial to the security of the
State or from acting in any manner prejudicial to the maintenance
of public order or from acting in any manner prejudicial to the
maintenance of supplies and services essential to the community.

Dealing with Terrorism: Legal Framework

 NIA Act - The Act provides for a national-level agency to investigate and
prosecute offences listed in a schedule (scheduled offences). Further,
the Act allows for creation of Special Courts for the trial of scheduled
offences
 NIA Act amendment 2019, salient features –
The schedule to the Act specifies a list of offences which are to be
investigated and prosecuted by the NIA. These include offences under
Acts such as the Atomic Energy Act, 1962, and the Unlawful Activities
Prevention Act, 1967. The amendment seeks to allow the NIA to
investigate the following offences, in addition: (i) human trafficking,
(ii) offences related to counterfeit currency or bank notes, (iii)
manufacture or sale of prohibited arms, (iv) cyber-terrorism, and
(v) offences under the Explosive Substances Act, 1908
Dealing with Terrorism: Legal Framework

The Act provides for the creation of the NIA to investigate and prosecute
offences specified in the schedule. The officers of the NIA have the
same powers as other police officers in relation to investigation of such
offences, across India
The amendment states that in addition, officers of the NIA will have the
power to investigate scheduled offences committed outside India,
subject to international treaties and domestic laws of other
countries
The central government may direct the NIA to investigate such cases,
as if the offence has been committed in India. The Special Court in New
Delhi will have jurisdiction over these cases

Dealing with Terrorism: Legal Framework

The Act allows the central government to constitute Special Courts for
the trial of scheduled offences. The amendment states that the central
government may designate Sessions Courts as Special Courts for
the trial of scheduled offences. Further, state governments may also
designate Sessions Courts as Special Courts for the trial of scheduled
offences
2nd ARC recommendations –
 A comprehensive and effective legal framework to deal with all
aspects of terrorism needs to be enacted. The law should have
adequate safeguards to prevent its misuse. The legal provisions to deal
with terrorism could be incorporated in a separate chapter in the
National Security Act, 1980
Dealing with Terrorism: Legal Framework

2nd ARC recommendations regarding defining terrorism and

terrorists act comprehensively –
a) There is need to define more clearly those criminal acts which can be
construed as being terrorist in nature. The salient features of this
definition should inter alia include the following:
i. use of firearms, explosives or any other lethal substance to cause or
likely to cause damage to life and property and essential infrastructure
including installations/establishments having military significance
ii. assassination of (including attempt thereof) public functionaries. The
intent should be to threaten the integrity, security and sovereignty of
India or overawe public functionaries or to terrorise people or sections
of people

Dealing with Terrorism: Legal Framework

iii. Detention of any person or threat to kill or injure any person to force
the government to act or abstain from acting in a particular manner
iv. Providing/facilitating material support, including finances, for the
aforesaid activities
v. Commission of certain acts or possession of certain arms etc. by
members or supporters of terrorist organizations which cause or are likely
to cause loss of life, injury to a person or damage to any property
2nd ARC recommendations regarding Bail provisions –
a) Regarding grant of bail, the law should provide that:
Dealing with Terrorism: Legal Framework

i. Notwithstanding anything contained in the Code (CrPC section 167),

no person accused of an offence punishable under this Act shall, if in
custody, be released on bail or on his own bond unless the Court
gives the Public Prosecutor an opportunity of being heard;
ii. Where the Public Prosecutor opposes the bail application of accused
to release on bail, no person accused of an offence punishable under
this Act or any rule made there under shall be released on bail until
the Court is satisfied that there are grounds for believing that the
accused is not guilty of committing such offence
iii. A Review Committee should review the case of all detenus
periodically and advise the prosecution about the release of the
accused on bail and the prosecution shall be bound by such advice

Dealing with Terrorism: Legal Framework

 Confession before a Police Officer

 Protection against self incrimination is a basic principle of the
Constitution and our criminal justice system.
 This has been enshrined in Article 20 (3) which provides: “No person
accused of any offence shall be compelled to be a witness against
himself ”
 Section 25 of the Indian Evidence Act, 1872 makes all confessions
made to a police officer inadmissible
 It is felt that this provision was made because of the possibility of police
resorting to force and torture to extract confessions
Dealing with Terrorism: Legal Framework

 Another argument in support of this provision is that the police

represents the State in the trial of an accused, and therefore, has a
vested interest in seeing that the accused is punished
 2nd ARC recommendations –
 Confession before the police should be made admissible as
recommended in the Report on Public Order. But this should be
done only if comprehensive police reforms as suggested by the
Commission are carried out. Till such time confessions should continue
to be made before judicial magistrates under Section 164 CrPC

Dealing with Terrorism: Legal Framework

 Witness Protection
 The Supreme Court of India in its observations in the case of NHRC vs
The State of Gujarat (2003) regretted that “no law has yet been enacted
for giving protection to witnesses”
 14th Law Commission Report and Malimath Committee Report also
recommended for a Witness Protection Scheme
 Witness Protection Scheme 2018 (Asharam Bapu Case)
 scheme has been finalized in consultation with the National Legal
Services Authority (NALSA) and Bureau of Police Research and
Development (BPRD)
Dealing with Terrorism: Legal Framework

 The scheme identifies three categories of witnesses as per threat

perception:
 Category A: Those cases where threat extends to the life of witness or
family members during the investigation, trial or even thereafter.
 Category B: Those cases where the threat extends to safety, reputation
or property of the witness or family members during the investigation or
trial.
 Category C: Cases where the threat is moderate and extends to
harassment or intimidation of the witness or his family members,
reputation or property during the investigation, trial or thereafter
 scheme provides for Witness Protection Fund

Dealing with Terrorism: Legal Framework

 The scheme calls for preparation of a ‘Threat Analysis Report’ of the

witness by the Commissioner/SSP when witness applies for protection
 The Witness Protection Order
 It is an order passed by the Competent Authority and it will be
implemented by the Witness Protection Cell of the State/UT.
 The Competent Authority is the one who is empowered under the
Scheme to pass orders for the protection of the witness such
as, Secretary District Legal Services Authority(DLSA)
 Change of Identity in appropriate cases, where there is a request from
the witness for the change of identity
Dealing with Terrorism: Legal Framework

 2nd ARC recommendations regarding Special Courts –

 Provisions for constitution of Special Fast Track Courts exclusively for
trial of terrorism related cases may be incorporated in the law on
terrorism. Other specific provisions related to such Special Courts may
also be incorporated. Such Courts may be set up as and when required
 A Federal Agency to Investigate Terrorist Offences
 The following offences may be included in the proposed new law:
 Organised Crime
 Terrorism
 Acts threatening national security

Dealing with Terrorism: Legal Framework

 Trafficking in arms and human beings

 Sedition
 Major crimes with inter-state ramifications
 Assassination (including attempts) of major public figures
 Serious economic offences
 The Commission agrees with the approach suggested by the
Padmanabhaiah Committee that such crimes should be investigated
by a specialised wing in the Central Bureau of Investigation
 A new law should be enacted to govern the working of the CBI. This law
should also stipulate its jurisdiction including the power to investigate
the new category of crimes
Measures against Financing of Terrorism

 The main planks of a strategy to deal with the financial aspects of

terrorist activities tend to involve:
i. Asset recovery and obstruction powers
ii. Legal penalties against persons/organizations involved in financing
terrorism
iii. Adoption of diligent customer identification programmes and standard
record keeping procedures by financial institutions/agencies
iv. Reporting of suspicious financial activity by individuals and institutions
v. Anti-money laundering measures
vi. Capacity building and coordination mechanisms between agencies
involved

Measures against Financing of Terrorism

vii. International cooperation

 Anti Money-laundering Measures and Due Diligence in the
Financial System
 US
 USA PATRIOT Act of 2001 - The ‘Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism
 The Federal Bureau of Investigation (FBI), Immigration and Customs
Enforcement (ICE), Internal Revenue Service-Criminal Investigation
(IRS-CI) and Drug Enforcement Authority (DEA) are the main US
agencies involved in the fight against money laundering
Measures against Financing of Terrorism

 UK
 The Proceeds of Crime Act 2002 (POCA)
 POCA ‘opens up new legal avenues to prosecute those associated with
criminal finance and to deprive them of any benefit they might enjoy
from criminal assets’.
 It has been claimed that POCA “delivers one of the world’s most
powerful legal tools against money laundering.”
 Measures in India:
 Prevention of Money-Laundering Act, 2002 (PMLA) as amended by
the Prevention of Money-Laundering (Amendment) Act, 2005 and 2019

Measures against Financing of Terrorism

 PMLA amendment 2019 –

The amendment will further empower the Enforcement Directorate
(ED) in tackling the cases of Money Laundering
The amendment seeks to treat money laundering as a stand-alone
crime
Till now Money Laundering was not an independent crime; rather
depended on another crime, known as the 'predicate offence' or
'scheduled offence', the proceeds of which are made the subject matter
of crime of money laundering
It also expands the ambit of “proceeds of crime” to those properties
which “may directly or indirectly be derived or obtained as a result of
any criminal activity relatable to the scheduled offence
Measures against Financing of Terrorism

 The most crucial amendments are the deletion of provisions in sub-

sections (1) of Section 17 (Search and Seizure) and Section 18 (Search
of Persons).
 These provisions required the pre-requisite of an FIR or charge
sheet by other agencies that are authorised to probe the offences listed
in the PMLA schedule.
 An explanation is added to Section 45 that clarifies that all PMLA
offences will be cognisable and non-bailable.
 Therefore, ED will be empowered to arrest an accused without a
warrant, subject to certain conditions

Measures against Financing of Terrorism

 The 2005 amendment to PMLA led to the creation of FIU-IND

(Financial Intelligence Unit)
 FIU-IND key functions –
Every reporting entity is required to furnish to FIU-IND, inter alia,
monthly information relating to cash transactions of value of rupees ten
lakhs or its equivalent in foreign currency, series of integrated cash
transactions valued below rupees ten lakhs or equivalent foreign
currency taking place in a month;
information on transactions which appear to be complex or which raise
the suspicion of involving proceeds of crime, within seven days of being
satisfied regarding this etc
Measures against Financing of Terrorism

FIU-IND analyses these reports and disseminates the information to

appropriate enforcement/intelligence agencies
The recipients of such information are the Ministry of Home Affairs,
Research & Analysis Wing, Intelligence Bureau, National Security
Council Secretariat, Central Board of Direct Taxes, Central Board of
Excise & Customs, Directorate of Enforcement, Narcotics Control
Bureau, Central Bureau of Investigation, Reserve Bank of India,
Securities and Exchange Board of India and Insurance Regulatory
Development Authority
Presently, all banking companies including private foreign banks, co-
operative banks, RRBs, financial institutions including insurance
companies, hire-purchase companies, chit funds, non-banking financial
companies and intermediaries mentioned in Section 12 of SEBI Act
constitute a reporting entity.

Measures against Financing of Terrorism

The reporting regime needs to be extended to high risk sectors

such as real-estate as is the case in the UK
 Measures to Block the Flow of Funds for Financing Terrorist
Activities
 Steps taken in this connection in the USA and UK are detailed below
Making terrorist finance an offence
Asset freezing
The offences related to terrorist finance are as follows:
Fund raising
Use and possession of money and property
Measures against Financing of Terrorism

Funding arrangements
Money laundering
 Measures undertaken in India
 Making terrorist finance an offence
Under TADA holding property derived or obtained from any terrorist
activity or acquiring them through terrorist funds was an offence
The Act also provided for seizure of such property
Under POTA also, holding property derived or obtained from any
terrorist activity or acquiring them through terrorist funds was an offence

Measures against Financing of Terrorism

The Unlawful Activities (Prevention) Amendment Act, 2004 also

provides for punishment for knowingly holding a property derived or
obtained from the commission of a terrorist act or acquired through
terrorist funds
 Blocking the channels of financing terrorist activities
 Apart from making the raising of funds for terrorism an offence, focus
has to be on prevention of such acts also. For example, in the US, one
important development in the aftermath of the events of September 11,
2001 was the operationalization of a Terrorism Financing
Operations Section (TFOS) by the FBI
Measures against Financing of Terrorism

In India the provisions in the UAPA (the anti-terrorist law in operation
today) regarding attachment and seizure of property leading to forfeiture
(Sections 24 to 34) are applicable only in the case of ‘proceeds of
terrorism’.
For the purposes of this Act, the term ‘proceeds of terrorism’ has been
defined in Section 2(g) to mean “all kinds of properties which have been
derived or obtained from commission of any terrorist act or have been
acquired through funds traceable to a terrorist act, irrespective of person
in whose name such proceeds are standing or in whose possession
they are found, and includes any property which is being used, or is
intended to be used, for the purpose of a terrorist organization”
This means that, except in the case of a ‘terrorist organisation’
{which is specifically defined in Section 2(m), ULPAA}, the
attachment and forfeiture provisions become operative only after
the ‘terrorist act’ has already been committed

Measures against Financing of Terrorism

 While financing of terrorist activity through ‘conventional’ methods such

as currency smuggling, counterfeiting, drug-trafficking, frauds, use of
informal channels of money transmission (‘hawala’) etc. continues,
methods such as online payments, trade-based moneylaundering,
abuse of charities, false claims etc. have increasingly assumed centre-
stage in the recent years
 2nd ARC recommendations –
a) The new legal framework on terrorism may incorporate provisions
regarding freezing of assets, funds, bank accounts, deposits, cash etc.
when there is reasonable suspicion of their intended use in terrorist
activities. Such actions may be undertaken by the investigating officer
with the prior approval of a designated authority, subject to adequate
safeguards. These provisions may be incorporated in a separate
chapter in the National Security Act, 1980
Measures against Financing of Terrorism

b) A specialized cell may be created in the proposed National Counter

terrorism Centre drawing upon expertise from the Union Ministries of
Finance and Home Affairs and the Cabinet Secretariat for taking
concerted action on the financial leads provided from information
gathered by various sources
Further, different investigation agencies dealing with financial
transactions may set up anti-terrorist finance cells within their
organizations to augment the efforts of intelligence agencies involved in
counter-terrorism activities
c) For speedy investigation into the financial aspects of specific
cases/group of cases related to terrorist activities, dedicated teams may
be formed within the agencies charged with the responsibility of
investigating into offences related to terrorism.

Measures against Financing of Terrorism

This may be accomplished by inducting officers having specialization in

different aspects of financial investigation for short periods, say three to
six months.
A protocol for achieving this may be arrived at between the concerned
Union and State Ministries/Departments to facilitate such capacity
building and strengthening the effectiveness of the counter-terrorist
measures
Civil Society, Media and Citizens

 A Multi-dimensional Response
 A multidimensional response to combat terrorism would require well
coordinated action on all fronts and each of these agencies/institutions
has an important role to play
 Education
 Decades ago, Carl G. Jung had warned: “I am convinced that
exploration of the psyche is the science of the future….This is the
science we need most of all, for it is gradually becoming more and more
obvious that neither famine nor earthquake nor microbes nor carcinoma,
but man himself is the greatest peril to man, just because there is no
adequate defense against psychic epidemics, which cause infinitely
more devastations than the greatest natural catastrophes”

Civil Society, Media and Citizens

Civil Society, Media and Citizens

 Individual and societal tensions manifest themselves in situations of

latent conflicts which can sometimes escalate and erupt into violent
outbreaks. Such violence can take the form of terrorism at the instance
of anti-national elements.
 Changing the individual psyche through education would make the
society more harmonious and cohesive in the long run and therefore
less likely to get influenced by terrorists ideology
 The National Focus Group on Education for Peace set up by the
NCERT has stated that the fundamental principles underlying the
initiatives are:
Schools are potential nurseries for peace since school education
involves the formative years in a person’s life during which children can
be oriented to peace rather than towards violence

Civil Society, Media and Citizens

Teachers can be social healers by going beyond the academic syllabi to

focus on pupil centred education in order to inculcate human values in
the students
peace skills promote academic excellence because the capacity to
listen, to cooperate with each other and to develop a positive attitude
are the hallmarks of a good student as well of a peace oriented person
 Education also has a role in creating the proper environment for
peace
 The response to the phenomenon of Jehadi terrorism being advocated
in some madrassas needs to be countered by emphasising on the true
essence of Islam
Civil Society, Media and Citizens

Civil Society, Media and Citizens

 2nd ARC recommendations –

a) NCERT has proposed a scheme to encourage and support
institutions, voluntary agencies and NGOs etc. engaged with school
education for promotion of Education for Peace within the country.
These initiatives need to be encouraged with necessary funds and
other material support
b) The feasibility of extending the scheme to religious schools also needs
to be examined
 The Civil Society
 The importance of involving civil society in a comprehensive and multi-
dimensional response to the threat of terrorism had been recognized by
the United Nations General Assembly
Civil Society, Media and Citizens

 UN Global Counter Terrorism Strategy 2006 affirmed the

determination of Member States to ‘further encourage non
governmental organizations and civil society to engage, as appropriate,
on how to enhance efforts to implement strategy
 Given the proximity of these groups to the grassroots their potential
could also be used in several ways which would help in the State’s fight
against terrorism including information of a “local” intelligence type
 The Commission also recognizes that civil society institutions and
NGOs can play a prominent and meaningful role in fostering social
inclusion as well as in helping the Government address socio-
economic deprivation that may be a factor in the spread of terrorism
 They could play an advisory and educative role

Civil Society, Media and Citizens

 An alert citizenry is perhaps the best way to ward off terrorist strikes.
Civil society in conjunction with the agencies of the State can help in
developing this capability among the citizens
 Media
 Media is a generic term used to denote all channels of mass information
and communication including newspapers, publications, electronic
media and internet.
 The Fourth Estate – the media- has always played a major role in
public life. It has been a formulator as well as a reflection of public
opinion
Civil Society, Media and Citizens

 A terrorist act affects each of the three – the media, government and
terrorists – differently.
 The conflicting perspectives arising out of their mutually exclusive
concerns and the urge, of both the terrorists and the government, to
bend the media to serve their respective agendas, could widen the
distance between government and the media
 It should be recognised that even terrorists have a craving for publicity,
and the media should not unwittingly help the terrorists in their designs
 Government has its own expectations, it wants the media to depend
on the official version. Government therefore wants the media to be
cooperative and keep the national interests or security concerns
uppermost

Civil Society, Media and Citizens

 It would be necessary to have an affirmative media policy based on:

a) Transparency in governance.
b) Easy access to information and sources
c) Advancing the media’s role as an instrument of vigilance to scrutinize
and check administrative, legal and judicial violations and excesses
that endanger civil and democratic rights in situations of conflict and
terrorism
d) Engaging, enabling, encouraging and assisting the media to fulfil its
role of informed, fair and balanced coverage of crisis, particularly
terrorism
Civil Society, Media and Citizens

 Media policy should include principles of self restraint

 The shortage of media professionals in the administration should be
addressed by:
a) Employing professionals from the media who can deliver on
responsibilities and at the same time transform the culture and
functioning of government media departments
b) Educating information and media officials who have the potential in
media oriented functions
c) Inculcating professionalism and media values through training in
media skills, including in independent news organizations

Civil Society, Media and Citizens

d) Adopting a performance-driven, result-based approach comparable

with best practices in the media industry as against the prevalent cadre-
based, service/ tenure-oriented culture
 Given the administration’s need and the importance of crisis-
preparedness, it is essential that officials from other all branches of the
administration such as general administration, security forces, forest
services, information technology, intelligence and police, are schooled
to become media-savvy
 An informed and engaged media that is not restricted, manipulated or
overly regulated can better appreciate the imperatives of the
administration in its fight against terrorism
Civil Society, Media and Citizens

 The potential of media in spreading education and awareness needs to

be tapped to build the capacity of citizens in dealing with any public
disorder and particularly terrorist violence
2nd ARC recommendations –
The potential of media in spreading education and awareness needs to
be tapped to build the capacity of citizens in dealing with any public
disorder, particularly terrorist violence
Media should be encouraged to evolve a self regulating code of conduct
to ensure that publicity arising out of terrorist attacks does not help the
terrorist in their anti-national designs

Related concepts

 How does Money Laundering take place?

 Money laundering is a three-stage process :

 Placement: The first stage is when the crime money is injected into
the formal financial system.
 Layering: In the second stage, money injected into the system is
layered and spread over various transactions with a view to
obfuscate the tainted origin of the money.
 Integration: In the third and the final stage, money enters the
financial system in such a way that original association with the
crime is sought to be wiped out and the money can then be used by
the offender as clean money
Current Linkages

 Gujarat GCTOC (Gujarat Control of Terrorism and Organised Crime)

has finally become law (Nov, 2019)
 Bill provides for admissibility of evidence collected through interception
of mobile calls of an accused or through confessions made before an
investigating officer, in a court of law
 Clause 16, which makes confessions before police officers admissible in
court.
 India will host the next edition of the ”No Money For Terror” conference
to be held in 2020 + conducted by an informal network of FIUs(Financial
Intelligence units) for the stimulation of international co operation

Current Linkages

 FATF and its role in curbing terrorism –

 inter-governmental body established in 1989 during the G7 Summit in
Paris
 objectives of the FATF are to set standards and promote effective
implementation of legal, regulatory and operational measures for
combating money laundering, terrorist financing and other related
threats to the integrity of the international financial system
 Secretariat is located at the Organisation for Economic Cooperation
and Development (OECD) headquarters in Paris
 consists of thirty-seven member jurisdictions
 India is one of the members
Current Linkages

 FATF has two lists:

 Grey List: Countries that are considered safe haven for supporting
terror funding and money laundering are put in the FATF grey list.
This inclusion serves as a warning to the country that it may enter
the blacklist.
 Black List: Countries known as Non-Cooperative Countries or
Territories (NCCTs) are put in the blacklist. These countries support
terror funding and money laundering activities. The FATF revises the
blacklist regularly, adding or deleting entries.
 The FATF Plenary is the decision making body of the FATF. It meets
three times per year