Terrorism involves the unlawful use of violence or intimidation against civilians to pursue political, ideological, or religious goals, threatening peace, security, and human rights globally and in India. In India, terrorism appears through cross-border attacks, internal insurgencies, and radicalization, severely affecting regions like Jammu and Kashmir and the Northeast. Terrorist acts directly violate fundamental rights such as life, liberty, freedom of thought, and association, creating widespread fear. They also undermine democracy and the rule of law by disrupting governance and social harmony. India’s anti-terrorism laws like UAPA, TADA, and AFSPA aim to combat threats but often face criticism for misuse and human rights abuses. A balanced approach is crucial for India to effectively combat terrorism while protecting human rights and maintaining democratic values.
What Are The Types of Terrorism in India?
1.Cross-Border Terrorism.
Cross-border terrorism refers to violent acts planned and executed from one country into another to spread fear and instability. Terror groups like Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM) operate from Pakistan. They target civilians and security forces in Jammu & Kashmir.
Major incidents include:
- 2008 Mumbai Attacks
- 2016 Pathankot Airbase Attack
- 2019 Pulwama Bombing
2. Insurgency in Northeast and Left-Wing Extremism
States like Manipur, Assam, and Nagaland face ethnic and separatist insurgencies.
The Maoist threat in Chhattisgarh, Jharkhand, and Odisha remains active. This “Red Corridor” presents a serious internal security issue.
3. Cyber Terrorism and Terror Financing
Terrorists use digital platforms for propaganda, recruitment, and funding.
They use cryptocurrencies and the darknet to raise and transfer funds.
Urban Radicalization and Lone-Wolf Attacks
Radicalized individuals carry out attacks without group backing.
Groups like The Resistance Front (TRF) use “hybrid terrorism,” recruiting locals for targeted killings.
What Are The Challenges in India’s Counterterrorism Strategy?
- Intelligence and Security Gaps: Despite better surveillance, intelligence-sharing failures persist. The Pahalgam attack shows weak coordination and poor ground-level intelligence.
- Expanding Geographical Threat: Terror attacks have spread from Kashmir Valley to Jammu. Over 30 attacks occurred between 2021 and 2024. Many caused civilian deaths.
- Homegrown Extremism. Online radicalization continues to fuel domestic terrorism. Groups like Indian Mujahideen and ISIS-inspired modules pose rising threats.
- Geopolitical Tensions. India’s close ties with the U.S. draw hostility from adversaries. The extradition of 26/11 accused Tahawwur Rana increased friction with Pakistan.
- Impact on Public Sentiment. Terror attacks trigger communal unrest. The government must prevent misinformation and maintain social harmony.
What Are The Legal Framework Against Terrorism?
- Unlawful Activities (Prevention) Act, 1967 (UAPA)
UAPA empowers the government to label individuals and organizations as terrorists. It allows arrest without a charge sheet for up to 180 days. The law also permits the seizure of property linked to terrorism.
This is India’s primary anti-terror law.
- Terrorist and Disruptive Activities (Prevention) Act, 1985–1995 (TADA)
TADA allowed preventive detention of suspects without normal legal safeguards. It enabled special courts to conduct closed trials. However, the law lapsed in 1995 due to wide misuse and human rights violations. - Prevention of Terrorism Act, 2002–2004 (POTA)
POTA allowed detention without charge for up to 180 days. It gave law enforcement broad powers to investigate terror cases. POTA was repealed in 2004 over concerns of abuse against minorities and activists. - Prevention of Money Laundering Act, 2002 (PMLA)
PMLA tracks money used in terrorism financing. It allows authorities to seize and confiscate property and funds from illegal sources. The law ensures financial transparency and supports global anti-terror cooperation. - Arms Act, 1959
This law regulates the acquisition, possession, and use of firearms and ammunition. It punishes illegal arms trafficking and possession used in terror activities. - Explosives Act, 1884
The Act controls the manufacture, storage, transport, and use of explosives. It is used to prevent bombings and manage explosive materials in India.
Other Relevant Laws
- Information Technology (IT) Act, 2000 & Indian Penal Code (IPC)
These address cyberterrorism and online radicalization. They target the spread of terror content, hacking, and digital recruitment by terrorist groups. Sections like 66F of the IT Act specifically define cyberterrorism. - Section 113 of the Bharatiya Nyaya Sanhita (BNS), 2023. Specifically addresses terrorism-related offences. It defines a “terrorist act” as any action committed with the intent to threaten India’s unity, integrity, security, or economic stability; intimidate the public; or disrupt public order. This includes acts causing death, extensive property damage, or significant disruptions to essential services.
- National Investigation Agency Act, 2008 (NIA Act). The NIA Act created a central agency to investigate terror cases across India. It overrides state laws in terror investigations for national-level coordination.
- Code of Criminal Procedure (CrPC)
Sections under CrPC support preventive action, arrest, and investigation of terrorism-related offenses. - Indian Penal Code, 1860 (IPC)
IPC sections like 121–124 deal with waging war against the state and sedition. These apply to terrorist acts intending to destabilize the government.
What Are Counter-Terror Institutions?
- National Investigation Agency (NIA). India’s central agency for investigating terror cases. Formed under the NIA Act, 2008, it has nationwide jurisdiction.
- Intelligence Agencies IB: Collects internal intelligence.
- RAW: Handles foreign intelligence.
- Multi-Agency Centre (MAC). Ensures coordinated intelligence-sharing among various agencies.
- NATGRID. A centralized database that supports real-time intelligence access. Technology and Surveillance. India uses modern tech for counterterrorism.
Tools include:
1. Facial recognition
2. Drone monitoring
3. AI-based threat detection
These systems enhance surveillance along borders and in urban zones.
India also engages in global initiatives such as:
Financial Action Task Force (FATF)
UN Counter-Terrorism Committee
What Is Section 113 Of The Bharatiya Nyaya Sanhita?
A person commits a terrorist act if they act in India or abroad with the intent to:
- Threaten India’s unity, integrity, and security
- Intimidate the public or a segment of society
- Disturb public order
Such acts include:
- Using bombs, explosives, firearms, poison, chemicals, or other deadly substances
- Causing death, serious injury, or creating fear among people
- Damaging or destroying property, public services, or government facilities
- Disrupting essential supplies or services
- Attacking critical infrastructure
- Detaining individuals and threatening them to influence government action
- Destabilizing India’s political, economic, or social systems
- Creating a public emergency or undermining public safety
- Committing acts listed under treaties in the Second Schedule of the UAPA
- Punishment for Terrorist Acts
If the act causes death:
Punishable with death or life imprisonment without parole.
Related Offences and Penalties
- Conspiracy or Organizing Terror Groups: Punishable with 5 years to life imprisonment and a fine of at least ₹5 lakhs
- Membership in a Terrorist Organisation: May result in life imprisonment
- Harbouring Terrorists: Carries 3 years to life imprisonment. Exception: Not punishable if done by the offender’s spouse
- Financing Terrorism or Holding Terror
- Funds/Property: May result in life imprisonment and confiscation of property
Definition of “Terrorist Organisation”
A terrorist group or organisation includes any entity that:
- Commits or attempts terrorist acts
- Participates, promotes, or prepares for terrorism
- Organizes or directs terrorism
- Supports terrorist acts with shared intent
- Is listed in the First Schedule of the UAPA or operates under the same name
- All entities involved directly or indirectly in terrorism fall under this definition.
What Is The National Security Act (NSA)?
- The National Security Act (NSA) of 1980 is a preventive detention law in India. It empowers the government to detain individuals without trial under specific circumstances.
- It was introduced in 1980 during Prime Minister Indira Gandhi’s tenure.
- It allows preventive detention to maintain public order.
- It empowers both Central and State governments to detain individuals.
- The detention period is up to 12 months without formal charges; extendable with new evidence.
Grounds for Detention:
- Actions prejudicial to India’s defense or foreign relations.
- Threats to public order or essential services.
- Regulation of foreign nationals’ presence in India.
What Are The Legal Provisions and Safeguards?
- Constitutional Basis: Article 22(3)(b) permits preventive detention; Article 22(4) limits it to three months without advisory board approval.
- Advisory Board: Comprises High Court judges; reviews detention cases within three weeks.
What Are The Rights of Detainees:
- May not be informed of detention reasons for up to 10 days.
- Not entitled to legal representation during advisory board hearings.
The NSA remains a contentious law, balancing national security interests with individual liberties. Its application requires careful scrutiny to prevent potential overreach.
Conclusion
India’s anti-terror legal framework combines old and new laws. It balances national security with civil liberties. While laws like UAPA remain controversial, they serve as critical tools against terrorism. Ongoing reforms aim to prevent misuse and ensure accountability.
