General

Human rights under Anti-Terrorism laws: Can restriction of Civil Liberties for the sake of Public Safety be justified or is this approach unacceptable?

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This Blog is written by Promita Ghosh from ICFAI University, Dehradun (Department of law). Edited by Prakriti Dadsena.

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It is crucial that while validating the anti-terrorism laws the enactment should not be done at the fetch of human rights. There should be an equilibrium between one’s liberty and the sovereignty of the country. The United Nations defines Human Rights as the “Right to freedom of opinion & expression, including the freedom to hold opinions without an inference and to seek, receive and impart information & philosophies via any media of their choice.”

INTRODUCTION

Human Rights is the right to freedom of point of view and voicing one’s opinion as well as the freedom to carry opinions without theorizing and to obtain and convey information via any media of their choice[1]. And these are basic rights to all the citizens and aim to uphold one’s dignity disregarding of their religion, nationality, caste, age, or any position whatsoever. Human rights inferred uniquely important of every human being and shall be given the most respect and care. The protection of the Human Rights Act, 1993 explains Human Rights as the rights relating to liberty, dignity, life, and equality of the individual pledge by the Constitution or incorporate in the International Covenants and enforceable by courts in India. Preservation of human rights is important for the development of the citizen of the country thus, conduct the development of the state as a whole. Indian constitution provides general human rights to the people of the country. With the development, human rights have also enlarged. [2]

TERRORISM AND HUMAN RIGHTS

Terrorism has a major impact on human rights. It has a sustainable outcome on right to liberty, life, and physical integrity and gives warning to peace and security thus, threatens the general human rights of the country[3]. Terrorist actions are infringing on human rights mainly on the civilian population. A lot of analysis has shown the acts performed by a terrorist have committed the violation of rights of the citizen’s life, privacy, peace, and liberty. One of the crucial components that have led to noteworthy efforts governs to fighting terrorism impacts on human rights. The torment that is sometimes conveyed by a terrorist organization is an infringement to international law as well as by all the state which use ill-treatment as a way of fighting terrorism.

Giving a lack of importance to the fundamental rights of the citizen in the struggle as opposed to terrorists has affected many groups whose families and friends got their rights violated due to such reasons state agencies lost public support hence, no development of effective anti-terrorism measures. Such losing of public support and unity resulted in not making product development in the war against terrorists. Both mismanagements of the administration and terrorist groups have led to the loss of millions of public supports thus, violating their basic rights to access shelter, life, privacy.

ANTI-TERRORISM AND HUMAN RIGHTS PROTECTION

It is a major threat to human rights and democracy that terrorism makes. The state should take action to stop terrorist performance. It’s the duty of the state to take care of the basic interest of citizens’ security and regulation of law without threatening general human rights. A broad range of human rights is over-elaborated by Anti-terrorism.[4] We can take many examples like the inauguration of ‘black sites’ and even the action manages by many states in the so-called ‘war on terrorism’ the right to dignity, life, privacy, liberty, and security shown how these rights are affected by counter terrorism[5]. Terrorists are trying to tear down the values of human rights. surrendering human rights in the struggle against terrorism is a great fault and a fruitless measure that may help out the reason of the terrorists.

In India, Anti-terrorism laws are as follows:

1. Unlawful Activities (Prevention) Act, 1967

It desires on dealing with the individual and association doing illegal activities and also deal with disputes created by the terrorist through their activities on the integrity of the territory of the country. Before, it was limited to groups and organizations only now the government has the power to label individuals as terrorists, having reasonable reasons to believe so.

It is one of the laws which deals with Anti-terrorism in India. This law has been amended many times. The National Security Guard is the best counter-terrorism unit under the Indian Ministry of Home Affairs hence, responsible for fighting all terrorist activities and safeguarding internal disturbance.[6] Due to a lack of coordination between the agencies the long attack of 26/11 took place for 4 days. After this, a need for the most efficient body National Centre Terrorism Centre for India was identified to bring together the anti-terrorism seek of the Union and the State. It was suggested that this agency will work under the IB and would inspect the intelligence linked to terrorism and criminality, keep requisite databases; evolve suitable responses, and also tackle threat judgment from the governments at both Union and the State.

2. Section 121-127 of the Indian Penal Code,1860

These sections deal with definitions and punishments of abetting of waging war against the government.

In 2009 the National Investigation Agency was inaugurated by the MHA through the National Investment Agency Act of 2008. This measure was successful in arresting many individual terrorists also under the Jamaat-ul-Mujahideen, seize 20 individuals tangled in terror activities. Even it was also actively participated in filing a charge sheet against 12 people who were working with the Lashkar-e-Taiba terror group and also took care of the terror in J&K.

Terrorism is an act of violence thus, the destruction of the fundamental human rights of the citizen. It leads to the destruction of the enjoyment of rights hence, Article 21 of the Indian Constitution and even muddles individual peace and disturbs the peaceful function of government, and is a threat to the economic and social development of the country.

How are the counter-terrorism laws violating human rights?

• Unlawful Activities (Prevention) Act, 1967 via different amendments came into existence. The TADA Act and POTA Act revoked and were replaced by the Unlawful Activities (Prevention) Act.

• But many provisions are thought to be violative of human rights. Such counter-terrorism laws are:

• Imprisonment without charge up to 180 days plus staying up to 30 days in police custody.

• Using secret evidence and in-chambers belonging in particular courts established through the counter-terrorism laws.

• Unlawful Activities (Prevention) Act, 2019 permits n individual to be called a terrorist without any judiciary perusal and even widen the scope of the word ‘terrorist’ bare expression of thoughts can now also be interpreted as a terrorist activity.

In Sajal Awasthi v. Union of India and In Association for Protection of Civil Rights v. Union of India, the petitioner dares the amendment act being a violation of Article 14, 19, and 21 of the Constitution of India thus, right to equality, freedom of speech and expression and right to life mentioned under the Indian constitution.[7]

• Formulation of presumption of wrongdoing of terrorist activity on the cause of inculpatory proof without the existence of offender intent.

• Indefinite and wide definition of terrorist: section 2(y) of The Indian National Security Guard Act defines the term ‘terrorist’ which covers a non-violent political activity or political protest by minority groups.

• From the jam of CAA protests in March 2020, many individuals were arrested on the ground of taking part in ‘terrorist activity’ and have been kept in police custody ever since. And even the happening against them have been holding on and not allowed to furnish bail due to this pandemic. Isn’t it a clear infringement of Article 21 of the Indian constitution?

But some of the following recommendations are put forward to the Central Authority to equalize the counter-terrorism laws with the Human Rights:

• Describe an investigation process after which a gang or group can be set down as a terrorist organization.

• Presumption of innocence until proved guilty is an exception under Fundamental Human Rights on the flip side ‘presumed’ guilt’ states to list an individual as a terrorist without the existence of intention but entirely based on material evidence. This instinctive shifts the responsibility on the accused to show legally there was no such intention. Hence, there is a requirement to amend the act to stop wrongful convictions and imprisonment.

• Emendation of the definition of ‘terrorism’ and make it compatible with the UN distinctive reporter on the advancement and protection of general Human Rights while countering terrorism.

• To permit the citizens to look for redressal against the government improvement should be available under formal violation Human Rights.

• To remove the blanket powers of special courts about closed proceedings there should be an amendment of the NIA Act.

CONCLUSION

The importance of Human Rights should always keep in mind doesn’t matter what law came into force. Human Rights are the fundamental rights yet basic rights of humans. The mechanism advancing is to develop and have legislation which battles the terrorists without violating the rights of a human being.