Coping with International Terrorism - An Indian Experience

Abstract

Terrorism has been identified as the greatest menace facing the mankind in the 21st century. India has officially identified terrorism as one of the most critical challenges that faces it in the post Iraq war world. The driving force in the global politics since 2/11 is also nothing but terrorism. For some years post 2/11, tackling of terrorism has become a prime agenda of governance and the political and governance sphere has been devising techniques to tackle terrorist menace. However, instead of legal methods, most countries have been resorting to extra legal methods, citing the reason "extra ordinary circumstances call for extra ordinary measures to tackle them." These measures include Guantanamo Bay type detention, rendition and similar methods which are facing vehement criticism from human rights advocates. However, the Indian stand against terrorism stands out from this dangerous wrangle that other affected countries are in. India has reposed faith in the judicial system and has gone forward with legal methods, which coupled with strong administrative mechanism, and a sound foreign policy could be an alternative for the so called extra ordinary measures followed by countries like USA. The recent trial of the Pakistani terrorist Ajmal Amir Kasab, has also brought in much attention to the Indian Judicial response in tackling terrorist menace. This paper examines India judiciary's approach towards terrorism in the light of attempts to define the concept and of the human rights debate surrounding executive approach towards curbing terrorism.

Keywords: Terrorism, India, Judicial approach, human rights, terrorist tackling mechanism

JEL Classification: K14, K42, N40, N45, H56