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Policing terrorism in India

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Abstract

Policing terrorism in India is fraught with difficulty. India is a large, heterogeneous democracy that is surrounded by countries experiencing their own intense problems with terrorism. The legal structure, inherited from the colonial past, is struggling to cope with the demands placed upon it by a country of 1.1 billion. India is a federation and this also complicates the structures needed for counter-terrorism. Despite the democratic framework, policing in India is largely an inheritance from the non-democratic colonial past—a past that paid scant regard to the doctrine of separation of powers. Given these problems, India’s performance in policing terrorism has been mixed. We should not look for any early resolution of the problem of terrorism, either through preventive investigation or political amelioration of the issues that contribute to terrorism. But for all of that, India has done well to adhere to its basic democratic norms in the face of what is, by Western standards, a major terrorism problem.

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Notes

  1. Iraq had a total of 97,588 victims over the same period [2].

  2. PM’s High Level Committee, Cabinet Secretariat, Government of India, Social, Economic and Educational Status of the Muslim Community of India [3].

  3. See Gordon, [4]. For the SES status of Muslims, see the recent report of the Sachar Committee, [3]

  4. For a more detailed discussion see, [7]

  5. For a copy of the Model Police Act 2006, see, [10]

  6. For example the leader of the opposition of Tamil Nadu was arrested under POTA for advocacy on behalf of the LTTE.

  7. The balance is made up of Christians, Sikhs, Buddhists, Jains and Parsis.

  8. This technique appears to require the prior consent of a magistrate.

  9. See [20]

  10. For the Rajasthan bombing see [21]. The bombings of the Samjhauta express killed 68. So far, those who allegedly sold the suitcases containing the bombs to the bombers have been arrested but at time of writing there have been no follow-up arrests.

  11. Sahni claims that authorities in Hyderabad successfully broke up six terrorist cells [9].

References

  1. US National Counterterrorism Center, ‘Worldwide Incidents Tracking System’, http://wits.nctc.gov/RunSearchCountry.do?countryId=20&confirmed=true, accessed 15 November 2007.

  2. http://wits.nctc.gov/RunSearchQuick.do, accessed 15 November 2007.

  3. ‘Sachar Committee’, New Delhi: Government of India, 2006), also available at http://www.godgraces.org/files/Muslim%20Report.pdf, accessed 22 February 2008.

  4. Muslims, Terrorism and the Rise of the Hindu Right in India, Strategic and Defence Studies Centre, Australian National University, WP 389, 2004, passim and pp. 17–22.

  5. Gordon, Ibid, p. 17.

  6. Indrani Bagchi, ‘Joint ops by Pak terror groups worry India’, Times of India, 25 February, 2008, http://timesofindia.indiatimes.com/Joint_ops_by_Pak_terror_groups_worry_India/articleshow/2810526.cms, accessed 25 February 2008.

  7. Arvind Varma, ‘To serve and protect’, India Together, 26 February 2008, http://www.indiatogether.org/2006/jan/gov-policeact.html, accessed 26 February 2008.

  8. Subir Bhaumik, “Marxists accused over Bengal ‘terror’”, BBC News, 27 November 2007, http://www.news.bbc.co.uk/go/pr/fr/-/2/hi/south_asia/7114827.stm, accessed 30 November 2007.

  9. Ajai Sahni, ‘Hit and miss with Indian terror attacks’, Asia Times Online, 29 August 2007, http://www.atimes.com/atimes/South_Asia/IH29Df03.html, accessed 1 December 2007.

  10. Ministry of Home Affairs, http://www.mha.nic.in/padc/The%20Model%20Act,%202006%2030%20Oct.pdf.

  11. Human Rights Watch ‘Backgrounder’ 20 November 2001, ‘Anti-Terrorism Legislation’, http://www.hrw.org/backgrounder/asia/india-bck1121.htm, accessed 29 November 2007.

  12. Amnesty International Public Statement 3 March 2008, AI Index ASA 20/003/2008.

  13. Imran Ali and Yoginer Sikand, ‘Survey of Socio-Economic Conditions of Muslims in India’, Countercurrents.org, 9 February 2006, http://www.countercurrents.org/comm._sikand090206.htm, accessed 22 February 2008. [Note: the same article also appears under the auspices of the Centre for Human Rights and Development].

  14. Time Magazine, 6 August 2003.

  15. Brass, P. R. (2003). The Production of Hindu-Muslim Violence in Contemporary India (p. 328). Seattle and London: University of Washington Press.

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  16. ‘Masjid blast: Cops on toes to find last bomb’, Times of India, 22 May 2007.

  17. Suvojit Bagchi, ‘Tension among Mumbai’s Muslims’, BBC News, 17 July 2006, http://www.bbc.co.uk/go/pr/fr/-/2/hi/South_Asia/5187100.stm, accessed 1 December 2007.

  18. Amar Jesani, ‘Medical professionals and interrogation: lies about finding the truth’, Indian Journal of Medical Ethics, October/December 2006 (4), http://www.ijme.in/144ed116.html, accessed 2 December 2006.

  19. Shaik Ahmed Ali, ‘Hyderabad govt red faced over police torture of Muslims, http://www.ibnlive.com/printpage.php?id=50644&section_id=3, accessed 22 February 2008.

  20. International Herald Tribune, ‘332 deaths in custody during Islamic insurgency, Kashmir police say’, 21 February 2008 http://www.iht.com/articles/2008/02/21/asia/kashmir.php, accessed 22 February 2008.

  21. ‘Probe into Ajmer dargah blast makes little headway’, The Hindu, 20 November 2007, http://www.thehindu.com/2007/11/20/stories/2007112055860700.htm, accessed 3 December 2007.

  22. BBC News, ‘First arrests in Mumbai bombings’, 21 July 2006, http://www.bbc.co.uk/2/hi/south_asia/5201922.stm, accessed 3 December 2007.

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Correspondence to Sandy Gordon.

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Gordon, S. Policing terrorism in India. Crime Law Soc Change 50, 111–124 (2008). https://doi.org/10.1007/s10611-008-9123-7

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