Libmonster ID: IN-1275
Author(s) of the publication: A. Y. YAKOVLEV

A. Y. YAKOVLEV

Candidate of Political Sciences

Deputy Director of the Institute of Economics, Management and Law of RSUH

India Keywords:terrorismcounter-terrorism

Among the most difficult problems to solve, which every modern State has to face, is the fight against terrorism. Solving this problem requires, first of all, determination and at the same time caution and comprehensive thorough study of details.

Indian Prime Minister M. Singh, in his speech after the Mumbai bombings in July 2006, stated the need for tough and immediate measures to combat terrorism: "We must realize that terrorists are trying to spread their influence throughout the country. They have encroached on our unity and are trying to sow inter-communal discord. We must not allow this to happen. The time has come for decisive measures that will put an end to such anti-State activities... and we will not rest until we eliminate all forms of terrorism in India. " 1

When declaring war on terror, a lot of factors must be taken into account. In particular, as the Polish writer Stanislav Lem noted, " terrorism at all times uses such means that are available for non-terrorist purposes."2. Therefore, the State, if it wants to defeat terror, must constantly improve the means and methods available to it in service. It is no coincidence that Indian Vice Admiral M. P. Avati, speaking about national security, emphasized that its provision should be based not only on the" geographical location and economic potential of the country", but also on its"culture, customs and history" 3.

The anti-terrorist measures taken by the Indian authorities include both preventive measures and military actions.

INDIVIDUAL FREEDOM OR THE STRENGTH OF THE STATE?

The Constitution of India, which came into force in 1950, is one of the fundamental principles to prevent the growth of communal strife.

This is a policy of secularism, which means equal treatment of Indian citizens regardless of their religious or ethnic origin. Thus, article 14 guarantees that no person (regardless of their religious, national, caste, gender, place of birth) can be deprived of legal capacity and has equal opportunities for legal protection throughout India. In turn, article 16 provides for equal opportunities for every citizen when applying for all public positions. Article 25, in addition to freedom of conscience and choice of profession, establishes freedom to profess and promote religion. And article 28 provides for the freedom to attend, teach and worship religions in special educational institutions.4

As is often the case in many different countries, the principles proclaimed in the Indian Constitution do not always work. Although their absolute implementation would not be able to fully cope with both inter-religious and inter-ethnic strife.

India, being one of the most affected countries by terrorism, has long begun to develop the legal side of countering this evil.

Criminal law alone is not capable of providing a legal interpretation of various situations related to multiple manifestations of terrorism and extremism, and of providing legislative support for anti-terrorist activities. Therefore, there is a need for a special legal framework.

Even during the discussion of the future basic law, there was a lot of controversy around the current article 22, which deals with the rights of detainees and suspects. In particular, the Indian lawyer G. Durgabai Deshmukh noted: "... the problem that we have to solve is which is more important - the freedom of the individual or the strength of the state? When the foundations of statehood are threatened, the state is forced to take the side not of the individual, but of society. And I give priority to the state ... " 5

Another scholar, P. K. Sen, also supported such measures: "... it may be necessary to take some measures that will be directed against the fundamental rights of the individual. But understanding the plight of the situation, which affects not only our country, will still force us to introduce a set of special measures that protect the state ... " 6

However, there were also those who opposed such preventive measures. For example, Mahavir Tuagi emphasized: "... life, freedom-

page 12

yes, and the desire to be happy are the natural rights of everyone. The State exists not because it has the right to do so by itself, but because of the individual, who has the rights to life and liberty that are the key to the existence of the State. It did not appear and continues to exist because people were deprived of their natural rights... The Constitutional Assembly has no right to entrust the future Government with the right to detain people. " 7

As a result, the Constitutional Assembly provided a legal framework for the activities of State bodies in emergency situations, in particular, in the event of terrorist threats.

Article 22 of the Constitution of India guarantees detainees protection from police overstepping their authority. Thus ," no detainee should be held in custody without giving reasons. As soon as possible, regardless of the reason for the detention, the suspect should be provided with the right to legal advice and protection, and a lawyer of his choice should be provided." In addition, " every detainee must be charged within 24 hours (not counting the travel time from the place of arrest to the court). A person may not be held in custody without charge for more than the specified period. " 8

The norms of criminal law and judicial process supplement the following normative acts in the field of national security and counter-terrorism::

- The Prevention of Illegal Activities Act of 1967;

- The Unstable Territories (Special Courts) Act of 1978;

- National Security Act of 1980;

- The Anti-Hijacking of Aircraft Act of 1982;

- National Security Protection Act of 1986;

- The Prevention of Terrorist and Subversive Activities Act of 1987;

- The National Security Protection Procedure Act of 1987.;

- The Prevention of Terrorism Act of 2004;

- The Law on Weapons of Mass Destruction and Methods of Their Delivery (Prohibition of Illicit Trafficking), 2005.;

- The National Investigation Agency Act of 2008.

We will give a brief description of the main anti-terrorist legal acts.

The 1980 law was adopted to counteract the spread of terrorist and subversive activities of extremists throughout the country. Given the worsening situation in Jammu and Kashmir, Punjab, West Bengal, Madhya Pradesh, Maharashtra, Uttar Pradesh and Himachal Pradesh, it was finalized in 1993. Advances in weapons and communications technology, increased training of terrorists and foreign assistance to them forced a different view of the problem.

The law provides for special powers of the police that are not available to them in other cases. Special anti-terrorist structures have been formed to combat the growing threats of terrorism. There are also special procedures for investigating terror cases. This facilitated the procedural framework and allowed us to quickly respond in the event of a terrorist threat throughout the country.

However, this legal act was criticized in society, as it allowed violations of individual rights and the foundations of federalism, eliminating differences in the legal framework of individual states. The law defined subversive activities as statements and actions that threaten the sovereignty and territorial integrity of India, in any form. There was also a penalty for anyone who was seen with a weapon in the territory declared on a special status.

However, the justice system that existed at that time could not cope with terrorism.

In this regard, a Law on the prevention of Terrorism was developed, which entered into force in March 2002.

This normative act was also ambiguously adopted in the society. The new definition of terrorism, according to critics, has become too vague and could fall under the category of terrorists, for example, protesters at government buildings.-

page 13

Figure 1. Dynamics of spending on central law enforcement agencies in India ($billion, 2001-2010 FY)

Источник: Ministry of Home Affairs, Annual Report, 2009 - 2010. New Delhi, 2010, p. 100.

research institute. The person could not be released on bail for the entire duration of the trial. The period of investigation of terrorism cases was allowed to be extended up to 120 days.

The law, according to one of its opponents, Gautama Navlakha, "blurs the lines between guilty and innocent" and puts everyone who disagrees with something, from poets and dreamers to separatists, revolutionaries and criminals, in the same category of "terrorists"9. "Urban spies" can include journalists who refuse to provide their material to the authorities. They face the deprivation of journalistic accreditation for 3 years and a significant fine. Previously, such actions were punished with a three-month work ban and a fine of 200 rupees (less than $5). The powers of the police were also expanded 10.

In fairness, it should be noted that along with the abuses of the law, its rather limited territorial effect also took place: 15 states and 6 union territories did not use the regulatory act.

Assam, Manipur and Tripura refused to apply it, citing the existence of a sufficient number of other legal documents regulating the fight against terrorism.

The Law of 2002 was replaced by the Law on the Prevention of Terrorism of 2004, which tightened measures to combat terrorism and responsibility for committing terrorist acts. Thus, if the 2002 law provided for 10 years to life imprisonment for various crimes related to terrorism, 11 then according to the 2004 legislative act, if at least one person died as a result of a terrorist attack, the perpetrator faces either a life sentence or the death penalty 12. For financing a terrorist organization or providing assistance to a terrorist organization, the perpetrator is any assistance in preparing terrorist acts is subject to a term of 5 years to life in prison13. The number of organizations recognized as terrorist has increased from 25 to 32. An entire chapter is devoted to the confiscation of income and property obtained as a result of terrorist activities.

ANTI-TERRORIST STRUCTURES

New terrorist attacks in the country's economic center, Mumbai, in November 2008, which killed about 200 people and injured more than 300, again forced the Indian government to take a different view of its counterterrorism strategy. On December 17, 2008, amendments were made to the 1967 law, which prepared the legal ground for the work of a new agency, the National Investigation Agency (NAR).

The NAR, whose main purpose is to investigate the most serious crimes, in some ways acts as an analog of the American Federal Bureau of Investigation (FBI) and the Investigative Committee of the Russian Federation (IC RF).

Each state has a territorial NAR body. The agency's employees were granted the right to search for and arrest suspects throughout India. The police are obliged to provide the NAR employees with any information about the wanted persons and the crimes committed by them, as well as to provide them with full assistance.

Although there are high hopes for the agency, the Indian Government continues to pay considerable attention to modernizing and re-equipping the police and army. Thus, over $23 billion has been spent on financing central law enforcement agencies in the last decade (Figure 1).

Over the years of the fight against terrorists in India, quite a large number of different bodies have been formed to deal with terrorists. The events in Jammu and Kashmir in the late 80's and early 90's of the XX century forced the formation, staffing and training of the security forces to be closely addressed.

page 14

Figure 2. Data on killed militants.

Источник: Chandran D. S. J&K: Infiltration Declines, Violence Persists // Armed Conflicts and Pease Processes in South Asia 2006. New Delhi, 2007, p. 42; Forces Bring down Terror in Jammu and Kashmir // The Economic Times. 16.04.2008; Ministry of Home Affairs, Annual Report, 2010 - 2011. New Delhi, 2011, p. 6.

At that time, the Indian authorities were unable to effectively counter the Pakistani Islamist militants due to the lack of training of the anti-terrorist forces, the lack of intelligence data and the lack of media readiness to provide information support for operations to combat terrorists.

At that time, the Indian security forces in the state of Jammu and Kashmir consisted of several battalions of the Indian "OMON" - the central Reserve Police (CPP), which were not trained and equipped for large-scale anti-terrorist operations. The CPR has been involved in maintaining order during street demonstrations and assisting authorities in quelling riots and inter-communal clashes in some states. In particular, the CPR units operated during the tragic events in Ayodhya in 1992, which caused a serious aggravation of relations between Muslims and Hindus*. But the reserve police were of little use in blocking the border control line in Jammu and Kashmir, from which a flood of terrorists poured out of Pakistan.

In the early 1990s, the Border Protection Force (SOF) and Assamese Riflemen battalions were deployed to strengthen border security, control major highways, entrances and exits from the state capital, Srinagar, and conduct operations against militants in rural areas. This gave positive results. The Assamese Riflemen were at that time practically the only structure in India that had experience in fighting terrorism and insurgency inside the country. In the 70s and 80s, they successfully resisted militants in the north-east of India.

The SOG was formed in 1965 shortly after the end of the Indo-Pakistani war. The decision to establish them was made as a result of the events of the spring of the same year, when Pakistani saboteurs and regular army soldiers seized a number of border posts, some of which were guarded by the Gujarat provincial police. The functions of the SOG initially included only border protection. Since the beginning of the 90s, they began to perform anti-terrorist functions. SOGS are well-armed and trained military units that have replaced the local police, whose functions are limited to maintaining law and order.

Units of the National Riflemen formed in 1993 in connection with the separatist insurgency in Jammu and Kashmir proved quite effective in the fight against terrorists. At that time, the country's military leadership insisted that the mutiny should be qualified as a "low-intensity conflict" requiring the presence of army units and a special command. In this regard, it was decided to create a unit similar to the Assamese Riflemen in Jammu and Kashmir.

The security and law enforcement forces operating in Jammu and Kashmir managed to seize a significant amount of weapons and ammunition from militants between 1988 and 2004: 889 rocket-propelled grenades, more than 20,000 AK assault rifles, and other weapons and ammunition.14 However, 52 thousand small arms and 40 thousand light weapons remained in the arsenals of the terrorists. kg of explosives 15.

The abundance of threats to national security requires the Indian authorities to maintain a fairly extensive law enforcement network. By the end of 2007, the number of police forces amounted to about 2.5 million law enforcement officers (central and regular subordinates), including 474 battalions of paramilitary units, the number of which was increased by 35 battalions in 2007-2010. However, currently there are only 142 police officers per 100,000 inhabitants of the country. This is one of the lowest rates in the world16.

The cumbersome police apparatus has repeatedly shown its inefficiency, inability to warn and quickly respond to threats. This was particularly evident during the Mumbai terrorist attacks on November 26, 2008, after which the public and government circles began to seriously talk about the need to reform the police system.

Former head of the Internal Security Agency of India S. A. K. Doval believes that for an effective strategy and tactics of countering terrorism, the following is necessary::

- do not make concessions to the terrorists;

- conduct close monitoring of the sources of financing of terrorist structures;

- pay more attention to the border and stop any attempts to cross it without authorization;

- to introduce an extradition procedure for persons involved in terrorism within 24 hours;


* For more information, see: Kashin V. Ayodhya - mina of delayed action // Asia and Africa today, 2001, N 11; Kashin V. P. What is the World Council of Hindus? // Asia and Africa Today, 2011, No. 9 (Editor's note).

page 15

- establish an inter-state exchange of information on terrorist organizations, their activities and members 17.

Despite the considerable size of the Indian anti-terrorist forces and extensive experience in countering terrorism, the Indian authorities are still unable to cope with the militants, including due to the fact that any operational search activity is hampered by the complex and secret structure of the terrorist community.

Russian researcher A. Baklanov identified four levels in the terrorist network 18. The first is directly the perpetrators of terrorist attacks, often zombified, or other marginal social elements. They don't know much about the perpetrators of terrorist attacks. The second is local cells and structures that recruit perpetrators and are responsible for the practical implementation of terrorist attacks. The third is symbolic leaders (for example, the leaders of the Pakistani Jaish-i-Mohammad ("Army of Muhammad") M. M. Azhar and Lashkar-e-Taiba H. M. Saeed*, one of the leaders of the United Front for the Liberation of Assam P. Barua, founder of the Tamil Tigers organization V. Braphakaran, etc.) The fourth is deeply hidden structures, often located in mountainous and inaccessible areas (Afghanistan, Pakistan, Sri Lanka).

TERRORISM PREVENTION AND POVERTY REDUCTION

In addition to military actions, the Government of India is trying hard to implement various socio-economic projects and programs.

An interesting example in this area is the construction of 5,477 km of two-lane road, which started in 2009 at a cost of 850 billion rupees (about $17 billion), through 60 districts where militants of the extremist Maoist Naxalite movement * * operate. This road, 1051 km of which 19 have already been built, should bring great benefits both economically and militarily. On the one hand, transport links, cargo transportation, and trade will be established. On the other hand, the highway will cut through the "red corridor" and increase the maneuverability of the Indian military contingent fighting the Naxalites.

One of the priorities of the Indian authorities is the fight against poverty, which is mainly conducted in rural areas, where the vast majority of the least affluent population lives. According to the latest data from the Food and Agriculture Organization of the United Nations (FAO), there were 237.7 million hungry people in India in 2007.20

The rural employment program, launched in April 1999, focuses on the poorest segments of the population: 50% of aid goes to registered " low " castes and tribes, 40% to women and 3% to disabled people. This state program to combat poverty was the first to give preference to granting loans not to individuals or families, which has repeatedly proved to be ineffective, since farmers often simply "ate up" the loan due to chronic poverty and malnutrition, but to so-called mutual aid groups from 5 to 20 people. The idea of the project is to encourage the formation of production teams that organize a small workshop or workshop according to the project plan and build their work on local resources. The amount of subsidies is Rs 125,000 per project 21.

Another example of State assistance to the poor is the universal Rural Employment program, which was launched in September 2001 and aims to increase the number of jobs. In this public works project, the priority in providing work is given to the social base of the village and women. Since 2004, an addition to the project has been implemented - the national program "Food for Work", which has a regional bias and is implemented in the most economically backward regions of the country.

* * *

Thus, we can conclude that India is one of the countries with the richest experience in the fight against terrorism.

However, the Indian authorities do not always manage to warn or meet the next security threat in time. Whether they can defeat terrorism, by and large, depends on the future fate of the state. But this victory is unlikely to be possible if all members of society, from officials and employees of law enforcement agencies to ordinary citizens, do not make their own personal contribution to it.


1 Cit. по: Chengappa R., Shukla S. Talking Pakistan // India Today. 31.07.2006.

Lem S. 2 Moloch. Moscow, 2005, p. 469.

Awati M. P. 3 National Security // AGNI. Studies in International Strategic Issues, N 3. July - Sept. 2005.

4 The Constitution of India. Selective Comments by Bakshi B. N. New Delhi, 2007, p. 16 - 65.

5 Constituent Assembly Debates, Vol. 9. 16.09.1949, p. 1543.

6 Ibidem.

7 Ibid.

8 The Constitution of India. Op. cit., p. 57.

Navlakha G. 9 POTO: Taking the Lawless Road // Economic and Political Weekly, N 49. 2001.

Dhavan R. 10 POTO: An Assault on Democracy // The Hindu, 16.11.2001.

11 Clause 5 of The Prevention of Terrorism Act, 2002.

12 Clause 16 of The Unlawful Activities (Prevention) Amendment Ordinance, 2004.

13 Ibid.

Soundrarajan R., Rajan P. 14 Impact of Terrorism on Jammu and Kashmir Tourism. Delhi, 2006, p. 167.

Dov S. A. C. 15 International cooperation in the fight against terrorism // Russia and India in the modern world: materials of the international scientific conference. SPb., 2005, pp. 86 - 87.

16 Ministry of Home Affairs, Annual Report, 2007 - 2008. New Delhi, 2008, p. 77.

Dov'al Sh. A. K. 17 Edict. soch., pp. 87-91.

Baklanov A. 18 The Mujahideen don't remember anything good // Nezavisimoe voennoe obozrenie, 2004, No. 39.

Das Gupta M. 19 Development to Fight Naxals: 1,100-km Through Red Heartland // Hindustan Times. 10.06.2011.

20 The State of Food Insecurity in the World. Addressing Food Insecurity in Protracted Crises. 2010, p. 8 - 11. Food and Agriculture Organization of the United Nations. Rome, 2010. TABLE 1 Prevalence of undernourishment and progress towards the World Food Summit..., p. 50 - http://www.fao.org/docrep/013/i1683e/i1683e.pdf

21 India 2006. A Reference Annual. Ministry of Information and Broadcasting, Government of India, New Delhi, 2005, p. 710.

* In April 2012, the US State Department awarded $10 million for the capture of H. M. Sand.

Terror in the name of "social justice" / / Asia and Africa Today, 2010, No. 8 (editor's note).


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