Human Rights and Terrorism

Introduction
Terrorism and human rights are inter-related to each other because when one starts other
violates. Terrorism is a global concern today. Truly, this topic does not need a proper
introduction but what it needs is a proper and rigid full stop.
Terrorism itself is an attack on human rights. The direct linkage between terrorism and
human rights was first recognized by World Conference on Human Rights in Vienna,1993, of
the Vienna declaration and its programme of Action stipulates that “acts, methods and
practices of terrorism in all its forms and manifestation as well as linking in some countries to
drug trafficking are activities aimed at the destruction of human rights.

Meaning
Human rights are moral principles or norms[1] that describe certain standards
of human behaviour and are regularly protected as natural and legal
rights in municipal and international law.[2] They are commonly understood as
inalienable,[3] fundamental rights "to which a person is inherently entitled simply because she or
he is a human being"[4] and which are "inherent in all human beings",[5] regardless of their nation,
location, language, religion, ethnic origin or any other status.[3] They are applicable everywhere
and at every time in the sense of being universal,[1] and they are egalitarian in the sense of being
the same for everyone.
Terror and terrorism can be viewed either from the perspective of the person who applies it or
from the perspective of the person subjected to it. As Hegel observed that about the master-
slave relationship, the possibility of exchange of roles always exists. Applied terror and
terrorism as function of domination alters the human relation between the parties. Hegel sees
this as a dialectical exchange with social as well psychological complications.

Historical Background
Terrorism in India is started before india got independence on 1947 but that times terrorist
activites aim create a fear among the British Ruler and not killed the general People. So we
not called these freedom fighters as a terrorist but after 1947 the terrorism actitivites to kill
the innocent people. In early times the Kashmir, Punjab and North East Frontier part was
affected of terrorism. But in current cinario the terrorism scope has been increase. The
regions with long term terrorist activities today are Jammu and Kashmir, Mumbai, Central
India (Naxalism) and Seven Sister States (independence and autonomy movements). In the
past, the Punjab insurgency led to militant activities in the Indian state of Punjab as well as
the national capital Delhi.

Politics Of Terrorism In India

The political systems are facing a major paradox at present. It relates to the stability of the
nation- state which, with its unprecedented military strength and a large panoply of other
security arrangements, has greater chances of fending off internal opponents and external
aggressors. Thus the governments, in their eagerness to secure and maintain a desired degree
of obedience and loyalty, have frequently directed institutionalized violence against their own
citizenry as well as against other communities under their control.
Whose Human Rights Violation
The rights which are violated by the terrorist attacks on the innocent people and those who
are involved in the terrorist group. It is a well known fact no one in this world is a terrorist by
birth. It is the society and the endeavor taken by few fanatics' rather religious fanatics who
washes the innocent brain which is supported by illiteracy and poverty.

Role of hindutva on terrorism and the babri demolition and consequent attack on Bombay in
1993 and few other attacks on India and the role of neighboring countries will be discussed in
the final project/ draft in different chapters

Role Of Police And National Human Rights Commission

In this chapter I will be dealing with the way police is been acting on these crucial and
sentimental issues. The human rights violation in the custody and steps taken by national
human rights commission and media both print and electronic.

Human Right Violations

Abuses by armed groups.
Caste-based discrimination and violence.
Children's rights.
Communal and ethnic violence.
Freedom of expression.

Comparative Studies
In 1948, following the traumatic events of World War II, representatives from the 50 member
states of the United Nations banded together to create a list of the rights everyone around
the world should enjoy.
Under the guidance of Eleanor Roosevelt, then-first lady of the United States and a
politician, diplomat and activist in her own right, the Universal Declaration of Human Rights
(UDHR) was born.
Article 1 states: “All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a spirit of
brotherhood.”
There are 30 actions in the Declaration of Human Rights – 30 rights of everyone on this
planet. The remaining articles include the right to asylum, the right to freedom from torture,
the right to free speech and the right to education.

Constitutional Aspects and Provisions

The Protection of Human Rights Act 1993, to mean: The rights relating to life and liberty,
equality and dignity of the individual guaranteed by the Constitution or embodied in the
International Covenants and enforceable by Courts in India.
The Maharashtra Control of Organised Crime Act, 1999 (MCOCA).
Unlawful Activities (Prevention) Amendment Act, 2004.
AFSPA.

Judgements
Mohd Ahmed Khan v. Shah Bano begum, 1985
Subject: Right to maintenance
Muslim personal law was challenged in this petition. The Supreme Court ruled in favour of
Shah Bano and granted her alimony which the Muslim community felt as an encroachment
on Muslim Sharia law. The decision of the case led to the formation of the All India Muslim
Personal Law Board in 1973.

Shreya Singhal v. Union of India, 2015

Subject: Right to freedom of speech and expression
The apex Court held section 66A of the Information Technology Act which allowed arrests
for objectionable content posted on the internet as unconstitutional and hence, struck down
by the impugned section.

Kasab's trial was delayed due to legal issues, as many Indian lawyers were unwilling to
represent him. A Mumbai Bar Association passed a resolution proclaiming that none of its
members would represent Kasab. However, the Chief Justice of India stated that Kasab
needed a lawyer for a fair trial. A lawyer for Kasab was eventually found, but was replaced
due to a conflict of interest.
Kasab's trial began on 6 May 2009. Kasab was convicted of all 86 charges on 3 May 2010.
He was found guilty of murder for directly killing seven people, conspiracy to commit murder
for the deaths of the 164 people killed in the three-day terror siege, waging war against
India, causing terror, and of conspiracy to murder two high-ranking police officers. On 6 May
2010, he was sentenced to death by hanging. However, he appealed his sentence at high
court. On 21 February 2011, the Bombay High Court upheld the death sentence of Kasab,
dismissing his appeal.
On 29 August 2012, the Indian Supreme Court upheld the death sentence for Kasab. The
court stated, "We are left with no option but to award death penalty. The primary and
foremost offence committed by Kasab is waging war against the Government of India.The
verdict followed 10 weeks of appeal hearings, and was decided by a two-judge Supreme
Court panel, which was led by Judge Aftab Alam. The panel rejected arguments that Kasab
was denied a free and fair trial
Kasab filed a mercy petition with the President of India, which was rejected on 5 November.
Kasab was hanged in Pune's Yerwada jail in secret on 21 November 2012 at 7:30 am and
naming the operation as operation 'X'. The Indian mission in Islamabad informed the
Pakistan government about Kasab's hanging through letter. Pakistan refused to take the
letter, which was then faxed to them. His family in Pakistan was sent news of his hanging via
a courier.

Conclusion
The lndian Constitution a document rich in human rights jurisprudence. This is an elaborate
charter on human rights ever framed by any State in the world. Part Ill of the lndian
Constitution may be characterised as the 'Magna Carta' of India. The Judiciary in lndia plays
a significant role in protecting human rights. The lndian Courts have now become the courts
of the poor and the struggling masses and left open their portals to the poor, the ignorant,
the illiterates, the downtrodden, the have-nots, the handicapped and the half-hungry, half-
naked countrymen.