Chapter

Counter-terrorism and Human Rights

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print January 2012 | ISBN: 9780198074144
Published online September 2012 | e-ISBN: 9780199080823 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198074144.003.0003
Counter-terrorism and Human Rights

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This chapter explores India's experience with terrorism, the legislative measures it has taken in response, and the problems that such counter-terrorism laws have generated. It argues that extraordinary executive powers are ineffective in countering terrorism and instead proposes a strategy that reconciles the imperatives of state security and human rights. This strategy must respect and protect the human rights of marginalised sections of Indian society that are disproportionately targeted by draconian laws, most beleaguered by mainstream political narratives, and most likely to commit acts of terrorism. The strength, capacity, and accountability of India's law enforcement agencies are inferior to that of most of Western countries. In addition, the nature of terrorism experienced by India is very different from that in the West. Whereas the West faces a largely external threat from transnational terrorist groups with transnational grievances, India faces a large degree of political violence spawned by homegrown grievances.

Keywords: West; terrorism; executive powers; state security; human rights; political violence; counter-terrorism

Chapter.  14072 words. 

Subjects: Human Rights and Immigration

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