Annual Report - National Human Rights Commission

Annexure 16 Para 1 4.8
Statement of Chairperson, NHRC on ‘Combating
Terrorism with Focus on Human Rights’ delivered
at the Seventh International Conference of
National Human Rights Institutions, Seoul
from 14-17 April, 2004
Terrorism and more particularly the counter measures which one takes to meet this menace is a
matter of great concern and relevance today. Terrorism has been the subject of a huge debate
over the years but as yet there is no universally acceptable definition of what is “terrorism”,
against which we have to fight. Indeed despite definitional difficulties, we can recognize terrorism
in action since it is an assault on a civilized society. Terrorism is not merely a heinous criminal
act. It is more than mere criminality. It is a frontal assault on the most basic human rights namely,
right to life and liberty, by faceless murderers whose sole aim is to kill and maim human beings,
whether they are innocent young children, elderly men or women. One of the rights incorporated
in the Universal Declaration of Human Rights and in all International covenants is the right to
life. For only this right ensures the enjoyment of all other rights. The right to life is of crucial
significance for every person, every group of people, every class and every nation and as a
matter of fact, for all humanity. This very right to life of the innocent people is the target of
terrorism. It poses a formidable challenge to the enjoyment of human rights and causes unlimited
miseries to the hapless innocent and ordinary people whose death, injury and agony is aimed at
the destruction of human integrity.
While an acceptable definition of terrorism still eludes the international community, the Supreme
Court of India, as far back as in 1994, dwelt at length on it and drew a distinction between a
‘merely criminal act’ and a ‘terrorist act’. In its Judgment in Hitendra Vishnu Thakur v. State of
Maharashtra [(1994) 4 SCC 602], the Supreme Court of India said:
“.... It may be possible to describe it (Terrorism) as use of violence when its most important result
is not merely the physical and mental damage of the victim but the prolonged psychological
effect it produces or has the potential of producing on the society as a whole. There may be
death, injury, or even deprivation of individual liberty in the process but the extent and reach of
the intended terrorist activity travels beyond the effect of any ordinary crime capable of being
punished under the ordinary penal law of the land and its main objective is to overawe the
Government or disturb harmony of the society or “terrorise” people and the society and not only
those directly assaulted, with a view to disturb even tempo, peace and tranquility of the society
and create a sense of fear and insecurity. A ‘terrorist’ activity does not merely arise by causing
disturbance of law and order or of public order. The fall out of the intended activity must be such
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