Anti-Terror Laws And Human Rights In India: An Analysis

Azim Hussain Mazumder, Research Scholar, Department of Law, Sikkim University

ABSTRACT

In the contemporary world, almost all the nations have experienced the struggle to combat violence on issues like terrorism, insurgency and likely other security concerns. There has been a long and historical debate around national security of a state on one side and protection and promotion of human rights on the other side. The promotion and protection of human rights is a valued part of Indian culture and tradition since time immemorial. Considering the issues like fundamental rights and human dignity, the Constitution of India makes specific provisions taking inspiration from our own culture and scriptures as well as globally recognized human rights documents. The Anti-Terror laws in India have been evolved through enactments and further amendments. The genesis of such laws primarily lies with the situational demand to combat issues which needed to be tackled by special laws. Alongside the regular laws, the Anti-Terror laws have broadened the arena of executive authority which at some point of time turned as leaving huge impact on basic human rights and fundamental freedom of the people. Selective use of the laws by state machinery led to many controversies. This paper shall give an outline to the Anti-Terror legislations of India and how these are being used by the successive state- powers for their own vested interests. Further, the paper shall try to explain how in the fight between “persons in power” versus “people in opposition”, the fundamental right to dissent is violated and human rights activists are crack-downed by state machinery in the name of national security. Then the paper would highlight the recent cases where political dissenters associated with the recent Anti-CAA-NRC movement are held culpable under the framework of the Unlawful Activities (Prevention) Act, the National Security Act and the National Investigation Agency. Finally, the paper by encapsulating the whole issue would try to give a pragmatic way forward to alleviate the ongoing crisis as to Anti-Terror laws and Human Rights in pragmatic manner as much as possible.

Keywords: National Security, Anti-Terror Laws, Human Rights, Right to Dissent, Crack-down on Human Rights Activists.