Response To Terrorism

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It is an undeniable fact that the growth of terrorism studies gain its momentum only after the 9/11 attacks. Resolution 1373 by the UN Security Council started off the world-wide crusade against the terrorists by all member states. In the international arena, we have witnessed military deployment as well as significant changes to the international legal framework. Even more significant has been the drastic steps taken by liberal democracies what would have been the benchmark for good governance, transparency, due process and individual freedom. The sacrifices that these countries have been prepared to make to the liberty of their citizen in order to pursue security raises alarm bells on their commitment to the rule of law values and democratic…show more content…
Although all the Indian anti-terror laws have deviated from the ordinary criminal procedures such as powers of arrest, pre-trial detention, bail procedures and trial in courts to name a few, human rights advocates in India claims that it is critical for governments to safeguard their citizens from terrorism, even if it encroaches civil liberty in self-evident ways. Over the years, human rights advocates, religious minorities, political dissidents including the Dalits and other poor and underprivileged people were victims of the repressive anti-terror laws in India. Although the extraordinary anti-terror laws allow for certain deviations from the normal criminal procedural laws under the Indian Constitution during a state emergency, however, fundamental rights like fair trial and the right to life and liberty cannot be suspended. Clearly, the Indian state authorities are not immune and can be held accountable if there is evidence of abuse of powers. The Supreme Court of India in the case of Kartar Singh v. State of Punjab held that, “[i]f the law enforcing authority becomes a law breaker, it breeds contempt for law, it invites every man to become a law unto himself and ultimately it invites anarchy”. It follows that human rights value such as freedom from torture, cruel or

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