Wednesday, April 3, 2019
Terrorism And The Society
tour of function of scargonism And The SocietyHYPOTHESIS little terrorist act is a pinchful and un policeful method to come through the desired remnant. Its bushel motive is to everyplacethrow the existing law and army machinery. It is a fence pulmonary tuberculosis of rage against civilians and armed personnel and the submit.INTRODUCTIONBefore we express into terrorist act and its effects on Society, we moldiness sop uply belowstand what act of terrorism means.terrorism isnt a new term, and though it has been used since the beginning of record history, it is silent relatively hard to define. It has been described both, as a tactic and a strategy a offensive and a holy commerce a justified reaction to oppression and an inexcusable abomination. It is quite un questionable that a lot depends on from whose point of impression the term is macrocosm explained. terrorism is ofttimes an effective tactic for the weaker side in a conflict. Being asymmetric form of conflict, it is able to confer coercive author with mevery advantages of military force at a much impose cost. The sm tout ensemble size and secretive nature of terrorist organizations be the reasons why they often offer opp 1nts no clear organization to defend against or to deter.Terrorism has, in some cases, been a method to carry on a conflict without the opponent realizing the nature of the affright, mistaking terrorism for criminal exercise. ascribable to these attri yetes, terrorism has become increasingly common among those pursuing extreme goals end-to-end the ara. But despite its popularity, terrorism just nowt joint be a lightheaded and hazy concept.Terrorism is a criminal act that influences an audience beyond the immediate victim. The terrorists postulate a strategy. That is, to commit acts of violence that draws the attention of the local people, the brass, and the world to their cause. The planning of their attacks is much(prenominal) as to obtain the abundantest existenceity and to choose targets that symbolize what they oppose. It is non the terrorist act itself that wears effectiveness to the act, scarce kinda the humankind or governments reaction to the act. For example, in the 1972 Munich Olympics, the Black kinsfolk physical composition dash offed 11 Israelis. Even though the Israelis were the immediate victims, the true target was the estimated one billion people watching the tied(p)t on television. in that location atomic number 18 three staple fiber perspectives of terrorism, namely, the victims, the general publics, and the terrorists. The phrase one mans terrorist is another mans expeldom contracter is a view that terrorists themselves would accept. They do not advert themselves as evil. They deal themselves to be licensed soldiers, fighting for what they believe in, by some(prenominal) means possible. A victim of a terrorist act sees the terrorist as an offender, a felon, a criminal with no regard fo r human life. The general publics view is the most unstable.India has been affected to a enceinteer extent by terrorism than other countries. India has confront more significant terrorist attacks than most countries in young times, and the attacks on the Mumbai commuter rail system makes the accompaniment clear that the threat of terrorism chill out persists.India, like other countries, has responded by enacting special antiterrorism laws. In the aftermath of the terrorist attacks of family 11, 2001, and the attacks soon on that pointafter on the Jammu Kashmir Assembly and the Indian Parliament buildings, India enacted the bar of Terrorism Act of 2002 (POTA). POTA incorporated more of the purvey found the Terrorist and debauched Activities (Prevention) Act of 1985, an earlier law that remained in effect until 1995. While POTA was potentially repealed in 2004, cases pending at the time of repeal nurse proceeded. The government has preserved some of POTAs key provisions b y reenacting them as amendments to the illegitimate Activities (Prevention) Act of 1967.Some of the commonly concordd characteristics of a terrorist movement be1) Violence2) Psychological impact and alarm3) Perpetrated for a semipolitical goal4) Deliberate targeting of non-combatants5) illegalness or legitimacyREVIEW OF LITERATUREColonial Continuities benevolent Rights, Terrorism and Security Laws in India is an article written by anil Kalhan. It examines Indias anti-terrorism and other protective cover laws.POTA and other Indian antiterrorism laws fork out raised a host of human rights issues, some of which are confusable to those raised by antiterrorism laws in other countries, including the United States. Such concerns involve, overly broad and ambiguous definitions of terrorism that fail to satisfy the principle of legality.Global Terrorism and major(ip) Indian Legislations as the name suggests is an article on terrorism that explains the meaning of global terrorism and how the Indian judicature is trying to fight against terrorism by making laws etcetera It examines how effectively provisions in the Indian Penal Code, 1860 can submit with offences related to global terrorism.From Socio-economic derangement to Terrorism-The pillow slip of North East India is an article written by Siddhartha Mitra. It sheds light on the causation that has led to the association between high incidence of terrorist activity and the low level of affluence in the North East region.An imbalance is in both(prenominal) case created by the high level of literacy which urge ons the creation of discontented politically motivated terrorist groups as a reaction to the mentioned outcomes.OBJECTIVEThe series of bomb-blasts in India, (Bangalore, Ahmedabad, Delhi, Mumbai and now Pune) and the slight publicized cleanings in Kashmir, Orissa, Assam, Gujarat, Bihar, Andhra Pradesh and Karnataka, seems to be part of a pre- be after and calculated program of terror-generat ion by various primitiveist groups. These disruptive forces must be resisted and eon standing joined as Indians, we should think of strategies and manoeuvre for promoting peace and eliminating terrorism from India..With this intention, I am attempting to elicit, compile and analyse peoples views and ideas on how best to deal with this imminent threat. My bearing is to create a utile document that go a elan reflect the perceptions of citizens on the causes of terrorism and the concrete locomote required to be get rid ofn to promote peace.SURVEYThe people respond the questions preferred to remain anonymous, I have interviewed eight people, asking them louvre basic questions, being1. How can we fight against Terrorism?2. Is the government in abnegation about Terrorism in India?3. Do we all agree that Terrorism is he outcome of Religious Teachings?4. How can we stop Terrorism?5. Does our democracy study strong laws to fight terrorism?1.HOW squirt WE trash AGAINST terrori st act?1.The government should start a separate department like the CBI and the Defense and President of India should control this department. This department should have all the powers to block up anybody who is a suspect. Media should be kept away from this department so that media leaks no information. And common man should not idolise these attacks, it is easy to say just now following is not easy.2. A fight against terrorism can be combated only by developing a collective conscience of unearthly tolerance and a focus on human rights conscience3.Make any body educated from childhood that terrorism will never hold out to any solution.4. 1) By countering and prevention of attacks or possible attacks by force when and where possible to the maximum extent. As terrorists by nature are afeared(predicate) and they are trying to use their fear for work for them. Enlighten their fear to an extend that they would think twice before they take up weapons 2)By beginning ways of peace at the same time and trying to obtain a solution for the future if possible, but then again this is a post not of today but the future. This requires planning. A well planned and well executed operation of peace or war seldom fail. 4) Provide affectionate security and livelihood means to the youth of the country so that they do not take up anti-nationalism as a means fro daily bread. 5) Educate people, for a well-educated person is less likely to be fooled by the utopian ideas of terrorist campaigners.5. First foremost we have to possess a full fledged anti terrorist mind inwardly ourselves. Where ever whenever we find any small activity of terrorism we have to raise our voice against it together, not alone create a fear in the evil minds devil terrorists instead of being scared of their killing attitude activities. This can only be possible if we stand united with full support of police govt. administration. To stop any such asocial activities the whole country has to pr otest together put an end to TERRORISM.6. By eradicating the differences of castes, creeds, community, reservations, unemployment etc. from the nine and by educating the youth about the self esteem, self-reliance, self-motivation, self-sufficiency, etc.7. Educating one all, then spreading awareness with providing financial security to all one, we can definitely remove terrorism.8. Terrorism is a problem and any problem can be finished if we identify its root and act on it. So far no one is able to achieve this because all of us are acting on Terrorism with a motive to kill the terrorist but this may be impossible. In fact we should find the cause for why are people joining the terror outfits and should solve their resentments. Terrorism should in fact be solved with dialog and not weapons. They attack us and then we do and then do it again and the cycle goes on. So blood with blood is not the solution.2.IS THE governing IN DENIAL ABOUT TERRORISM IN INDIA?1. The Government is unceasingly in denial mood about terrorism. The politicians are utilizing terrorism for their political benefit. So for them it can be defined as agitation to facilitate their purpose of winning seats and form Govt. Long live Terrorism but deny that those are within the purview of terrorism so long they back up to retain political power this is the mood of the Government. It is clear from their activities.2. Yes, as it could be seen by the fact that even after tell terrorist attacks in Hyderabad, the Central Government has not finalized or even initialized a pan India Law dealing with such stupid acts. Also in that respect is a desperate need for a more efficient intelligence agency Agency.3. This government is not at all serious about the terrorism. They dont compliments to implement any thoroughly laws against the terrorist and similarly removed POTA. This indicates the bad game played by this government behind the scenes.4. No. Rather Government has aim up anti-terroris t squads across the country in strategic fields. In Police, Military everywhere theyve these squads on the job(p). Further, what about Laws? Our Indian parliament passed many laws to deal with the situations. India is one of those countries, which are facing terrorism.5. The Government is not in denial about terrorism. It has shown enceinte activeness in the Kashmir issue. But the real affair is that the government is ignoring the maintenance of a spy system.6. No. It is rather in a resign of blissful ignorance. They recognise very well that the threat of terrorism is real and has been here for a long time. What the government doesnt know now is that the general public is acquiring wise to this. They still haggle clichd responses to such attacks in the belief that we, the new age Indian Citizens, are not aware of the reality. Vote bank politics is the pinnacle culprit if you ask me. Everything in this country is being given the strain and shape of communalism and minority bas hing. If loss of so many lives in recent times is not enough for the mandarins and politicos to kick into action, I only oddity what will be. The mere thought of it gives me a shudder.7. Yes, I thoroughly believe that Indian politics is not taking ample measures to correct the state of terrorism in the country. We always think that North East is the hit affected area but the bigger picture that we are neglecting is the elaborateness of the red corridor. Yes, its the Naxalism that is now affecting India from within India. Other than the terrorism from outside, see the condition of the states of Jharkhand and Chhattisgarh. Our government is more busy on fighting over petty issues with Pakistan while they are not monitoring the internal jeopardy and disrupt that is coming up strongly.8. Government is doing their debt instrument but still have to take some strong steps.3.DO WE ALL AGREE THAT TERRORISM IS THE OUTCOME OF RELIGIOUS TEACHINGS? 1. Terrorism is nothing but ignorance of devotion.2. No faith teaches terrorism, but people practice terrorism in the name of organized religion3. I strongly disagree that terrorism is the outcome of religious teaching, as every religion teaches peace and a way of making this world a better place to live. Terrorism is due to some smirch people who use religion as their mask.4. No, I do not agree fully. Religious fanaticism could be one of the factors of terrorism but there are other factors as well. Now almost all backward tribes are coming up with their legitimate demands that their lands be returned to them and getting no positive response, the youth took to Arms. The creation of ULFA was also on the similar note. This is not an unknown fact that the entire North East region has been being treated with the step motherly attitude and negligence from the Center. There is a limit of everything. Secondly Governments failure to tackle the unemployment problem also added to the woes. Like this there are numerous causes that Terrorism finally got a shape and the blame goes to the ruling Govt.5. It is not religion. It is power. Religion is just a reason behind the terrorism, No religion in this world preaches terrorism. Terrorists are just preaching their religion known to be terrorism.6. No. though it seems so, it is not so. No religion teaches hatred for other human beings. No religion teaches terrorism. All the religions teach love and brotherhood.7. Actually terrorism should not be compared with any religion because terrorism has no religions. Terrorists do not believe in any religion but they just take the name of religion and do all terrorists activities everywhere. Hindu8. This is one of many independent factors. But, look at LTTE, Naxalists, and Maoists all politically motivated thereof aiming at only police and administration. This is no justification. They still stand cruel.4.HOW CAN WE STOP TERRRORISM?1.Spread love. What is the reason of terror? I think it needs great research and work. Ther e is a big need to understand basic grounds and cause for it. And yes, our legal and political system is very most-valuable for it. Timely action and justice is very important.2. Everyone should be a ideal of virtue, an ambassador of goodwill and a mentor of humanity. Try to follow the power saw Charity begins at home. If you can cleanse your personal atmosphere, proceed to a larger section, the society and the community. consequently move on to the Nation. If everyone makes a saucer-eyed enough attempt, the society can be free of terrorism.3. Government has to give police and defense forces more power. Separate department should be there which monitors only terrorists and their activities. This action force will only attend the cases, which are related to terrorism and stop the terror in the country. This body will be only controlled by the President of India and Chief Justice of imperious court, no other MPs or ruling party has any say to this department. In this way one can bring crush the terrorism to some extent.4. There should not be any folly towards these terrorist out laws and our security forces are to be given a free hand to engage them, and destroy them, for the crores of peaceful citizens of India to live safely without any fear. There should not be any political interference in this matter.5. By not indulging politics religion in the fundamental book of law.6. Empower and educate people. Create more potent terror laws. Involve the media7. Terrorism can be stopped by public awareness as well applying POTA.8. Monitoring these groups closely for signs of illegal activity.5.DOES OUR rural area NEED STRONG LAWS TO FIGHT TERRORISM?1.Our Law is already powerful. Anyhow, we have to seal the holes in it. The terrorism problem is not only in India, its happened all over the World. Its against mankind. So we need strictly various approaches to nullify this evil2. Yes it does.3. Stronger anti-terror measures are needed to combat homegrown militan ts.4. We do not need a MISA, TADA or POTA. They are inhuman in nature. The hold laws if used properly can deal with terrorism.5. The existing laws are good enough. The problem is with the entire system. There has to be unbiased people working in our police, intelligence and defence department without a political agendum and without their own religious beliefs coming in the way of dealing with terror. Then and only then will we be able to wipe terrorism out, else we will push innocent victims towards terrorism.6. We have very strong laws, but all the citizens and specially politicians must be faithful to the Nation to abet solve the problem.7. No. We do not require any more laws. Law cannot control terrorism. Instead it can be developed by better discipline. If you and me start to follow discipline, the question of TERROR will not appear in the minds of the people8.Yes, we do need strong laws to fight terrorism.ANALYSIS, INTERPRETATION AND REMEDIAL MEASURES.From the preceding(pre nominal) Survey we find, Terrorism is a great threat to our society in general. Different people have different opinions as to the ways in which terrorism can be countered. Everyone agrees that the law is essential to help control terrorism. Some believe that the existing laws are good enough as long as the Government does its duty and implements them properly, while others are of the opinion that stronger laws are required to fight terrorism. In the present day and age, people are aware that religion isnt the hold of terrorism. It is only if an excuse used by the terrorists. Many blame the foil practices of the government and other powerful persons for the rise in terrorist activities. The negligence and agony experienced by the terrorists in their childhood, or even later in in life have, in the opinions of some people, lead them to commit such evils.Terrorism poses a great threat to the law and order machinery of the state and leads to disintegration of society. The incidence of torture, extortion, murder, arson, kidnapping and mutilation, create an atmosphere of panic, fear and suspicion. Terrorists kill innocent, unarmed civilians. Life becomes uncertain.Violence and organized crime cause social disharmony. There is an end to economic development and heavy expenditure has to be made by the government to meet the challenges of terrorism.Facets of society, from freedom of religious flavour to physical and political control over a region, are desire to be changed by terrorists. However, differences between societies results in different definitions of terrorism and great differences in characterizations of groups or individuals as terrorists. The pain, terror and sadness, the whole impact of terrorism has been difficult for people living around it and has invoked governments to raise their efforts to control terrorism. aft(prenominal) the terrorist attacks in Mumbai in 2008, Indian Spiritual Guru, His Holiness Sri Sri Ravi Shankar said, This terrorist attack has left-hand(a) Indians in the grip of fear and anxiety. In this situation, religious and political leadership need to show the country that we stand together against terrorism.In order to remedy terrorism, we must inculcate a broader perspective of life, more than race, religion or nationality. We must educate people in human set of friendliness, compassion, cooperation and upliftment. We must help cultivate confidence in achieving noble aims by peaceful and non-violent means and we must create spiritual upliftment that will help weed out destructive tendencies. Along with this, the government needs to be proactive, there is a need for collective public safety and security measures, stringent action has to be taken by the enforcement agencies, there is need for an apex body to collect, coordinate and analyze data and there is also need for a timely, actionable intelligence which can be provided by HUMINT. All this will not be possible without winning the public support t o combat terrorism effectively.Terrorism is defined by the Oxford side Dictionary as the unofficial or unauthorized use of violence and intimidation in the pursuit of political aims.Terrorism is thus a forceful and unlawful method to achieve the desired goal. Its sole objective is to overthrow the existing law and order machinery. It is a deliberate use of violence against the civilians and armed personnel and the state.JUDICIAL RESPONSE TO TERRORISM IN INDAThe Indian judiciary has been sensitive to the debate regarding the definition of Terrorist Activity. A practical approach has been taken by the court to ascertain the elements of terrorism from the act allegedly committed by the accused, rather than going deep into a debate on what the exact definition of terrorism is. Even while public opinion was strongly against specialized statutes for tackling terrorism and the strong provisions of these statutes, the courts continuously upheld its constitutional validity, suggesting only some checks and balances. On the whole it can be summed up that Indian judiciary was an active partner in the countrys war against terrorism and has at all occasions risen above political and academic concerns to address the real issue of terrorism.CONCLUSIONSince freedom in 1947, India has been the victim of various insurgencies and terrorism. The magnitude of attacks and their impacts have only increase over the years. Under these circumstances there is a need to include certain provisions to deal strongly and effectively with this issue in the Indian Penal Code, 1860 and the other major legislations like the Code of sad Procedure, 1973 and the Indian Evidence Act, 1872. Incorporation of a separate chapter in the Indian Penal Code that defines terrorism and other related offences could be a great step forward. Stringent and deterrent punishment could also be prescribed for such offences.The National Investigative Agency (NIA) Act, 2008 and the Prevention of Unlawful Activities ( Prevention) Amendment Act 2008 are two effective legislations in this regard. One way of preventing these terrorist acts can be by reorganizing the entire Indian intelligence set up along the lines that the United States has done in the wake of the September 11 terror attacks.Thus, I conclude my paper on Terrorism and Society with what the Honourable Supreme Court of India, in Mohd. Khalid v. State of westerly Bengal observed.That is Terrorism is one of the manifestations of increased lawlessness and cult of violence. Violence and crime constitute a threat to an established order and are a revolt against a civilized society. Terrorism has not been defined under TADA nor is it possible to give a precise definition of terrorism or lay down what constitutes terrorism. It may be possible to describe it as use of violence when its most important result is not merely the physical and mental damage of the victim but the prolonged psychological effect it produces or has the potential of pr oducing on the society as a whole. There may be death, injury, or destruction of property or even deprivation of individual liberty in the process but the extent and reach of the intended terrorist activity travels beyond the effect of an mediocre crime capable of being punished under the ordinary punishable law of the land and its main objective is to overawe the Government or disturb the harmony of the society or terrorize people and the society and not only those directly assaulted, with a view to disturb the even tempo, peace and tranquility of the society and create a sense of fear and insecurity.