ABSTRACT
This paper seeks to assess the counter-terrorism law in India concerning the Pahalgam attack. It goes further to explain the existing anti-terrorism laws in India, such as the UAPA, NIA Act, IPC, and CrPC. In this paper, the writer describes how these laws are effective in addressing violence against women and reviews the effectiveness, challenges, and backlash of these laws in the context of the Pahalgam case. It also looks at how loss of national security equates to the protection of human rights at the national level. In the final section of the paper, the author presents specific recommendations on how the Indian counterterrorism legislation can be improved to address new and peculiar threats democratically.
INTRODUCTION
Terrorism still occupies a central position among the threats India faces to its security and continues to challenge its territorial integrity and democracy. In response, the country has put in place a very elaborate legal regime for the prevention, investigation, and prosecution of terrorism. Various acts such as the Unlawful Activities (Prevention) Act (UAPA), National Investigation Agency Act (NIA Act), and particular sections of the Indian Penal Code and the Code of Criminal Procedure are some of the legislations through which counter-terrorism has been formed in India. However, the effectiveness of such laws is always in question due to situations that occur in the real world. One such case that can be taken into consideration to analyse how the Indian legal system deals with terrorism is the Pahalgam attack, a terrible incident that happened in the country. it discusses current issues involved in policing, the prosecution of terrorism-related crimes, and counterterrorism consequences concerning politics and societies. To this end, this paper aims to discuss and analyse the legal regime of counter-terrorism in India by using the Pahalgam attack case to discuss successes, failures, and suggestions. It is in this way that it seeks to give a clear picture of how legal instruments are used in practice and the never-ending struggle between the need to protect national security and human rights as stated in the Constitution.
KEY WORDS
UAPA, NIA Act, IPC, CrPC, UAPA, PAHALGAM
OVERVIEW OF TERRORISM IN INDIA
Terrorism as a phenomenon has remained a major concern to India’s security, integrity, and social harmony for quite some time now. The country has experienced different types of terrorism, such as religious terrorism, ethnic terrorism, left-wing terrorism, and terrorism of cross-border incursion. Some of these states, such as Jammu and Kashmir, have experienced a long-standing insurgency, on the pretext of secession, while the North-Eastern states have also experienced several separatist movements on the grounds of ethnic and regional affiliation. Since 2005, left-wing extremism, also known as Naxalism, has remained a major security concern in central India. All these movements have different goals and aims, but have one common factor of resorting to violence, coercion, and vandalism against the state authorities and the population. The evolution to urban terrorism, which is achieved through sleeper cells and cyberspace, makes countering terrorism a daunting task in India. The problem of terrorism is a serious issue for India, and it is located in a strategic geographical point where terrorism is prevalent. It is a neighbour of Afghanistan and Pakistan, which are unstable countries, which means the country experiences the effects of conflicts. In addition, the presence of different religions and cultures in India, which is very rich in this aspect, is sometimes used by some radicals as a tool to perpetrate violence in society. These fault lines have been exploited by both indigenous and externally-sponsored terrorists to create instabilities within the nation, hence calling for constant change of approaches in counter-terrorism. To counter terrorism, India has acted through passing laws, enhancing security forces, cooperating with other countries, and the community for de-radicalization. However, it is a constantly evolving threat, and one has to be on the lookout always and have to adapt.
Legal Framework for Counterterrorism in India
Unlawful Activities (Prevention) Act, 1967 (UAPA):
UAPA serves as the cornerstone of India’s counterterrorism law. It enables the government to put a ban on the listed terrorist organizations, individuals, and prescribe rigorous measures for investigating and prosecuting them based on an extended detention.
National Investigation Agency (NIA) Act, 2008:
The NIA was set up following the 26/11 Mumbai attack as a central agency that deals with terrorism and other terrorism related cybercrimes, human trafficking, and other offenses affecting the integrity of the country.
Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC):
Sections 121 (waging of war against the State) and Section 124 A (sedition) are used in the terrorism cases besides other in addition to certain other provisions relating to the evidence and trial in such cases.
Other Important Legislation:
Armed Forces (Special Powers) Act (AFSPA) in disturbed areas.
Prevention of Money Laundering Act (PMLA) to choke terror funding.
Information Technology Act, 2000 for cyber terrorism.
PAHALGAM: A CASE STUDY
BACKGROUND
The recent event of the set ablaze of some vehicles on Pahalgam instance that the security problem still exists in Jammu and Kashmir. Happening in the Pahalgam area of course popular for tourism and especially pilgrimage, such an attack on civilians and security forces was aimed at further terror and insecurity amongst the population. Selecting a conspicuous spot — an area that is normally associated with tourist attractions and business ventures — went to show the terrorists’ clear objectives of disrupting normalcy in business and harmony in the region. It was a case of a brief shooting rampage, together with the lobbing of grenades and the coordinated raid on security posts, that led to the loss of several lives and fear and alarm throughout the place. It was sheer mayhem as residents and the pilgrims who were in the area became the target of the terrorists who did not care for their lives. This aspect of humiliating themselves also revealed certain loopholes in intelligence and operational readiness in India. Based on earlier reports of increased terrorist activities during high-end tourism activities, intelligence reports were either vague or, for some reason, failed to trigger the necessary actions. This was due to a lack of surveillance, slow reaction measures, and communication problems between local police and central authorities, such as the CRPF and Army, that were noted during the investigations. Also, the attack question brought into question the possibility of heavily armed Militants getting past the security curtain despite the numerous security measures put in place, and this points to deeper issues that had to be addressed. The Pahalgam attack consequently not only led to the immediate incident but also helped in analysing the shortcomings of the counter-terrorism and internal security regulation and policies in India.
IMMEDIATE RESPONSE
After this Pahalgam incident, security forces launched active combing and search operations throughout the valley to apprehend the culprits, apart from curbing any flare-up. Many checkpoints were established, and large portions of the locality were sealed off for picket house searches. Considering the seriousness of the situation, the case was transferred to central agencies, and it was handed over to the National Investigation Agency (NIA) for better probing and a specialized set-up. Under the pretext of emergency laws of the Unlawful Activities (Prevention) Act (UAPA), authorities arrested some suspects who are directly or indirectly involved in the attack, to interrogate and gather intelligence information. As a way of preventing planned communication among the terror networks and to contain widespread mayhem, the mobile internet and communications were cut off in the surrounding countryside. This kind of swift and prompt reaction demonstrated how highly the authorities value the event; however, it also brings into focus the security and the situation clarity between security threats and civilians’ discomfort that accompanies the anti-terrorism operations.
CHALLENGES HIGHLIGHTED
Operational Challenges:
The lack of provisions to protect the people of India from internal threats was given a wake-up call by the barbarian attack on Pahalgam. Some of the major weaknesses that were noticed were the lack of the intelligence agencies’ ability to pick up signals that could have been acted upon. Security concerns in the period rose, especially during the tourist and pilgrim movement seasons, but even this intel did not get to the tactical units in time or was not detailed enough to warrant preventive actions. Also, there was a lack of coordination between the police sub-stations or districts, the paramilitary, and federal or national intelligence services. Interorganizational information exchange remained more dispersed and weaker; integrated working collaborations were lacking or potentially even counterproductive. All these failures, cumulative, led to an initial late response to the attack, and thereafter, the militants exploited the weaknesses in the regional security systems.
Legal and Procedural Challenges:
The legal response to the attack also highlighted different stages of the counterterrorism structure in India and how they were flawed. In the very next days, based on sections of the Unlawful Activities (Prevention) Act (UAPA), some suspects were arrested, and can be held in custody for weeks without any charges. Nevertheless, when detentions were conducted for a long time without any solid evidence, this prompted criticism from human rights organizations, both national and international. Allegations of unlawful or unjustifiable arrests deprived people of the police and judiciary, especially among the already sensitive people of the state of Jammu and Kashmir. In addition, the congested courts’ situation played a role in inefficiencies in delivering the trial processes, thus negating a prompt delivery of justice for the victims and the accused persons. These matters raised the question of speedy investigative forms and judicial procedures to curb cases of injustice.
Human Rights vs. National Security:
The Pahalgam attack again brought discussion on the decades-old question as to whether men and women and their supposed rights or liberties should be protected or the nation’s security. Although it can be accompanied by firm legal measures to prevent and sanction acts of terrorism, it was noted that the constitutional rights are abridged, which include the right to a fair trial or protection against prejudice before being considered guilty or detained. Some analysts opined that the proper use of emergency powers and the laws on preventive detention may lead to resentment of local communities and additional unrest. On the other hand, security agencies justified their actions by attributing the threat as being exceptional in some way. This underlined the existing problem for India in the area of counter-terrorism: to be effective and at the same time, to be legitimate, or, in other words, to preserve the priorities of the rule of law even during the security threats.
NEED FOR REFORM
Greater judicial oversight over investigation and detention
Perhaps the single most important reform necessary in combating terrorism is the better protection of civil liberties guaranteed to every person detained in the context of terrorism investigations. Prolonged detention without the filing of a case, particularly under the UAPA, which envisions its effective implementation apart from the case of Raven Al-Yasin, should be revisited reasonably and substantively. Specific chairs or specific jurors can be appointed to oversee investigations of terrorism to avoid infringement of civil liberties through reference to security concerns. It will also prevent misuse of the authority by the concerned investigative agencies and retaliation.” It would equally serve to check the accountability of the judiciary, enhance public confidence in the legal system.
Increasing certainty in the gathering of evidence and using a less confessional approach
One of the urgent issues is the necessity for changing the current investigative paradigm and the use of scientific and technological techniques when it comes to evidence collection. Modern forensic labs, cybercrime detection units, and technical surveillance equipment have to be established to effectively fight cybercrimes in India. Today, excessive reliance on confessions and witnesses’ testimonies raises the possibility of gaining evidence based on coercion or false statements. Terrorists can be effectively prosecuted through the strengthening of forensic mechanisms such as DNA samples, technical and financial investigations, and computer investigations to avoid reliance on confessional evidence, most of the time incomplete and wrong.
Admissibility of special fast-track courts for terrorism cases.
Due to the heinous crimes in terrorism cases and the probability of detention for a long time, especially for fast-track courts, it is imperative to establish them. These courts should have trained people in terms of judges and prosecutors in dealing with these important, harmful cases involving the security of the country. This would not only dispassionate justice to the victims but also to the accused, who are entitled to equal protection under the law right to a speedy trial to avoid long-term effects before the law takes its course. Efficient and impartial examination would also help provide a better deterrent in cases of future acts of terror.
Greater accountability mechanisms for enforcement agencies
Above all, greater importance needs to be placed on improving the responsibility of those police forces engaged in counterterrorism. One of the methods that is suggested includes independent review boards, reporting of detentions, and grievance handling mechanisms. Corrupt officials who have been accused of embezzling, disproportionate, or involved in any wrongful activities should be prosecuted severely. Developing an Audit Culture of Enforcement as an Anti-Corruption Measure would reduce cases of human rights abuse, enhance professionalism within security agencies, and encourage ethical practices within counterterrorism consistent with constitutionalism.
CONCLUSION
The events of the recent terror attack in Pahalgam are a clear depiction of the fact that the threat of terrorism in India is still very much active and advancing in its nefarious activities, and hence, the requirement of an appropriate legal structure is the need of the hour. Bills such as the UAPA and the NIA Act have given India a good base to fight terrorism and support investigative agencies and prosecution. It also shows some areas where the law has to be more cautious as far as national security concerns are coupled with fundamental human rights. Although the current framework has given some commendation in some soc…for example, on issues such as long-term detention, delay in trials, and human rights abuses, there is a need for change. A stronger judicial supervision, centralized regulation and prevention of conflicts of interest during investigation, and better coordination between agencies are some of the positive developments. In the end, India needs to pursue the war on terrorism under the framework of constitutionalism and the rule of law. A legal system that has been very much stringent on the offenders while at the same time protecting the innocent will not only protect the unity of the nation but also the democratic principles of the Indian Republic.
