Unit 12
Unit 12
Society
Communalism, Regionalism and Terrorism
Recommended Readings
1. Ram Ahuja (2016, 4th ed.), Social Problems, Rawat Publications, New Delhi.
Communalism
Chapter 5
• Communalism refers to a social phenomenon where people identify strongly with their own religious or ethnic community,
often leading to tensions, discrimination, or conflict with other communities.
• Involves a heightened sense of identity based on religion, language, or ethnicity, which becomes the primary basis for
political and social mobilization.
• It manifests as a mobilization of religious identities, linguistic and regional identities for political purposes, resulting in
social fragmentation and communal strife.
Examples:
https://economictimes.indiatimes.com/news/how-to/manipur-violence-who-are-meiteis-and-kukis-what-are-they-fighting-over/
articleshow/100038719.cms?from=mdr (relative deprivation)
https://thewire.in/communalism/hatred-and-violence-against-muslims-have-spread-like-an-epidemic-in-india
• According to Ram Ahuja, communalism is a belief that is characterised by strong antagonism practiced by the members of
one community against the people of other community.
• According to Prabha Dixit, communalism is a political doctrine that makes use of religious and cultural differences to
garner political gains.
Communalism: Definition
Chapter 5
• The rising trend of communalism and the accompanying violence have created a feeling of insecurity among the religious
minorities and ethnic groups.
• Communalism can be considered an ideology which states that society is divided into religious communities whose interests
differ and are, at times, even opposed to each other
• The antagonism practised by members of one community against the people of another communities and religion can be
termed 'communalism.’
• This antagonism goes to the extent of falsely accusing, harming and deliberately insulting a particular community and
extends to looting, burning down the homes and shops of the helpless and the weak, dishonouring women, and even killing
persons. https://indianexpress.com/article/cities/ahmedabad/bilkis-bano-case-timeline-key-milestones-9099716/
• https://en.wikipedia.org/wiki/2022_Jahangirpuri_violence
• Communal persons' are those persons who practise politics through religion.
• Thus, a communal is not one who is a man of religion but one who practices politics by linking it with region.
Communalism: Definition
Chapter 5
• T.K. Ooman (1989) has suggested six dimensions of communalism: assimilationist, welfarist, retreatist, retaliatory, separatist, and
secessionist.
• Assimilationist communalism is one in which small religious groups are assimilated/integrated into big religious groups. Such communalism
claims that Scheduled Tribes are Hindus or that Jains, Sikhs, and Buddhists are covered by the Hindu Marriage Act.
• Welfarist communalism aims at the welfare of a particular community, such as, improving living standard and providing for education and
health; for example, Christian associations working for the betterment of Christians, or Parsi associations working for the upliftment of the
Parsis.
• Retreatist communalism is one in which a small religious community keeps itself away from politics, for example, Bahai community, which
proscribes its members from participating in political activities.
• Retaliatory communalism attempts to harm, hurt, and injure the members of other religious communities.
• Separatist communalism is one in which one religious group wants to maintain its cultural specificity and demands a separate territorial state
within the country; for example, the demand of some Mizos and Nagas in the North-east India or Bodos in Assam, of Jharkhand tribals in
Bihar. For example: The United Liberation Front of Assam is an armed militant organisation operating in the Northeast Indian state of Assam.
It seeks to establish an independent sovereign nation state of Assam for the indigenous Assamese people through an armed struggle in the
Assam conflict.
• Secessionist communalism is one in which a religious community wants a separate political identity and demands an independent state. A
very small militant section of the Sikh population demanding Khalistan is engaged in practising this type of communalism.
Of these six types of communalism, the last three create problems engendering agitations, communal riots, terrorism, and insurgency.
Communalism: Characteristics
Chapter 5
• Identity Politics: Communalism often arises from a sense of identity tied to religion or ethnicity, which can overshadow
broader national or societal interests.
• Based on orthodox principles and intolerance: Communalism fosters intolerance towards other communities and
viewpoints.
• Group Solidarity: Communalism fosters a sense of solidarity within the group, promoting collective interests while
marginalizing those outside the community.
• Promotes the formation of a “Us versus Them” mentality.
• Promotes exclusivity and segregation among different sections of the society, leading to social distrust and polarization.
• Communalism often leads to conflicts between different groups, resulting in violence and riots.
• Communal riots are based mainly on hatred, enmity and revenge.
• Communal violence is a type of collective violence.
Communalism: Characteristics
Chapter 5
• Political Manipulation: Political actors may exploit communal sentiments to gain support or distract from
pressing issues, exacerbating divisions.
• Communal riots are more politically motivated than fuelled by religion.
• Historical grievances and perceived injustices can be an aiding factor in communalism.
Communal Riots
Communalism: Causes
Chapter 5
• The Marxist school attributes the cause to economic deprivation and to the clash
between the haves and have-nots.
• The multifactor approach points at different factors:
• Social factors include social traditions, caste and class ego; inequality, narrow
and dogmatic religious views; use of religion for political gains and
communal ideology of religious leaders;
• Political factors include religion-based politics, religion-dominated political
organisations, political interferences, political justification of communal
violence, failure of political leadership, etc.
• Economic factors include economic exploitation, unequal development,
competitive economy, displacement, influence of foreign money in provoking
religious conflicts etc.
Communalism: Causes
Chapter 5
• The Marxist school attributes the cause to economic deprivation and to the clash
between the haves and have-nots.
• The multifactor approach points at different factors:
• Social factors include social traditions, caste and class ego; inequality, narrow
and dogmatic religious views; use of religion for political gains and
communal ideology of religious leaders;
• Political factors include religion-based politics, religion-dominated political
organisations, political interferences, political justification of communal
violence, failure of political leadership, etc.
• Economic factors include economic exploitation, unequal development,
competitive economy, displacement, influence of foreign money in provoking
religious conflicts etc.
Communalism: Causes
Chapter 5
• Legal factors include the absence of civil code, special provisions and concession for certain communities,
special status for certain states, reservation policy, etc.
• Psychological factors include social prejudices, stereotyped attitudes, distrust, hostility against another
community, misinformation by the mass media, etc.
• Administrative features involve biased investigative agencies, police excesses, lack of coordination between
different government agencies, ill-trained police personnel, etc.
• Historical factors involve alien invasions, damage to religious institutions, past communal riots, partition
trauma, divide and rule policy of the British, old land disputes over temples, mosques, etc.
• Local factors include religious processions, slogan raising, rumours, local disputes, group rivalries, etc.
• International factors include training and financial support from other countries, external influences to weaken
and hamper the unity of India.
Communalism and its Evolution in India
Chapter 5
• The British colonial administration played a crucial role in shaping and institutionalizing communalism in India.
• They used a “divide and rule” strategy to maintain control over the diverse population.
• The introduction of separate electorates for Muslims with the Indian Councils Act of 1909 (Morley-Minto Reforms)
reinforced political divisions based on religion.
The Morley-Minto Reforms, also known as the Indian Councils Act of 1909, were introduced during British rule in India by
John Morley, the Secretary of State for India, and Lord Minto, the Viceroy of India. These reforms aimed at increasing Indian
participation in the governance of British India and introducing limited political reforms to address rising demands for
self-governance.
One of the most significant and controversial aspects of the reforms was the introduction of separate electorates for Muslims.
This allowed Muslims to elect their own representatives to legislative councils, separate from the Hindu electorate. Muslims
could only vote for Muslim candidates, and the same applied to Hindus.
By providing separate electorates for Muslims, the British institutionalized and formalized the division between Hindus and
Muslims in the political sphere. This move was seen by many as a strategy of "Divide and Rule", ensuring that the two
communities would not form a unified front against British rule.
Communalism and its Evolution in India
Chapter 5
• Organizations like the Arya Samaj and the Aligarh Movement emerged in the 19th century, initially aimed at
social and educational reform but also contributing to the rising consciousness of religious identities.
• The formation of communal organizations such as the Muslim League (1906) and the Hindu Mahasabha
(1915) worked to protect and promote the interests of their respective religious communities.
• The partition of Bengal in 1905 by the British, based on religious lines, heightened communal tensions.
• The Muslim League, led by Muhammad Ali Jinnah, advocated for a separate Muslim state, eventually leading
to the demand for Pakistan.
• The rise of the Hindutva ideology, championed by organizations like the RSS and BJP, has emphasized Hindu
identity and sometimes clashed with minority groups.
Cases of Communal Riots
Source: National
Year Communal riots Caste conflict Crimes Record
Bureau
2022 272
2021 378
https://timesofindia.indiatimes.com/india/rioting-cases-dipped-in-assam-uttar-pradesh-rose-in-chhattisgarh-in-last-5-ye
ars/articleshow/105738632.cms
Cases of Communal Riots
Source:
https://theprint.in/india/have-communal-killings-gone-up-or-down-ncrb-data-show-12-fall-in-toll-from-2006-13-to-2014-21/1707
687/
Instances of Communal Riots in India
• Bombay Riots (1992-1993): Following the demolition of the Babri Masjid in Ayodhya by Hindu nationalists, communal
riots broke out in Bombay between Hindus and Muslims.
• Over 900 people were killed, and thousands were injured and displaced.
• Gujarat Riots (2002): Violence erupted after the Godhra train burning incident, where a train carrying Hindu pilgrims was
set on fire, killing 59 people. Riots followed, targeting the Muslim community across Gujarat.
• Official reports cite over 1,000 deaths, with independent estimates going higher. Tens of thousands of people, mostly
Muslims, were displaced.
• Muzaffarnagar Riots (2013): Tensions escalated in Muzaffarnagar, Uttar Pradesh, following a dispute between Hindu Jats
and Muslims over an incident involving harassment and murder.
• Over 60 people were killed, and more than 50,000 were displaced from their homes, many of whom lived in relief
camps for extended periods.
• Delhi Riots (2022)
• Of the 53 people killed, two-thirds were Muslims who were shot, slashed with repeated blows, or set on fire. The
dead also included over a dozen Hindus who were shot or assaulted
Communalism: Prescriptive Measures
• It emphasise the fact that constitutionally, India is a secular country which has no State religion. And that the state
shall recognise and accept all religions, not favour or patronize any particular religion.
• While Article 14 grants equality before the law and equal protection of the laws to all, Article 15 enlarges the concept of
secularism to the widest possible extent by prohibiting discrimination on grounds of religion, race, caste, sex or place of
birth.
• Article 25 provides ‘Freedom of Conscience’, that is, all persons are equally entitled to freedom of conscience and the right
to freely profess, practise and propagate religion.
• As per Article 26, every religious group or individual has the right to establish and maintain institutions for religious and
charitable purposes and to manage its own affairs in matters of religion.
Secularism: Challenges
• Increase of Communalism: India has witnessed significant increase in the number of communal violence and
tensions which has posed a threat to the secular fabric of the country.
• Religious Fundamentalism and Extremism: The emergence of fundamentalist groups advocating for a
religious state challenges the secular nature of India.
• Politicization of Religion: Political parties fuel communal sentiments and use for political mileage.
• Media and Social Media Manipulation: Various religious groups use social media platforms to spread
extremist ideologies, target minorities, or mobilize people based on religious lines, further weakening secular
values.
• Societal Attitudes: Deep-rooted social attitudes and prejudices can challenge the implementation of secular
principles.
• State Intervention in Religious Affairs: State interventions, often aimed at social justice or economic
regulation, can be perceived as biased or unfair by certain religious groups, leading to accusations of
favouritism or state interference in religion.
Secularism: Challenges
• Judicial and Legal Challenges: At times, law enforcement agencies and the judiciary are criticized for
showing biases based on religion, which undermines the principle of secularism.
• Example: In India, the principle of secularism enshrined in the Constitution calls for equal treatment of all
religions by the state. However, there have been instances where law enforcement agencies and the judiciary
have been criticized for showing biases based on religion, which undermines the secular fabric of the country
• The rise of Hindu Nationalism in recent years has resulted in mob lynching on mere suspicion of slaughtering
cows and consuming beef.
• In addition with this, forced closure of slaughterhouses, campaigns against ‘love jihad’, reconversion or
gharwapsi (Muslims being forced to convert to Hinduism), etc. reinforces communal tendencies in society.
Secularism: Way forward
• Educational Reforms: Incorporate secularism and religious tolerance into school curricula to promote understanding from
an early age.
• Encourage critical thinking and discussions around religious diversity and pluralism.
• Legal and Constitutional Safeguards: Strengthen the enforcement of laws that protect the rights of religious minorities and
prevent discrimination.
• Media Responsibility: Promote responsible journalism that avoids sensationalizing religious issues and instead encourages
balanced reporting.
• Encouraging Interfaith Dialogue: Facilitate platforms for interfaith dialogue and collaboration, allowing communities to
interact and understand one another.
• Promoting Inclusive Policies: Ensure that government policies are inclusive and do not favour any particular religion.
• Civil Society Engagement: Support civil society organizations that work towards communal harmony and secular values.
• Political Accountability: Advocate for political leaders and parties to adhere to secular principles in their rhetoric and
actions.
• Discourage the politicization of religion and hold accountable those who incite communal tensions for political gain.
• Judicial Independence: Ensure that the judiciary remains impartial and protects the state's secular character by upholding
constitutional values.
Regionalism
Regionalism
• Regionalism refers to the political, economic, social, and cultural consciousness of people living in a particular geographical
area who identify as a distinct group, often based on language, ethnicity, history, or shared interests.
• It can manifest as a sense of loyalty, attachment, or pride in one's region, and it may lead to the demand for greater
autonomy, recognition, or rights within a nation-state.
• Regionalism in India is a significant socio-political phenomenon shaped by the country's vast linguistic, cultural, ethnic, and
economic diversity.
• Given India's historical, geographical, and demographic complexities, regional identities have often coexisted alongside
national identity, sometimes complementing it and other times challenging it.
• Examples: The Dravidian Movement in Tamil Nadu, The Telangana Movement, Insurgencies in the North-east.
• The history of the Telangana movement refers to the political and social conditions under which the Telangana region was
merged with Andhra State to form the state of Andhra Pradesh and the subsequent demands to reverse the merger to form a
new state of Telangana from united Andhra Pradesh which eventually happened in 2014.
• Dravidian Nationalism: This idea was popularized during the 1930s to 1950s by a series of widespread and popular
movements and organizations that contended that the South Indians formed a racial and a cultural entity that was different
from the North Indians. They demanded an independent Dravidian State which included all four Dravidian speaking states.
• https://en.wikipedia.org/wiki/2008_attacks_on_Uttar_Pradeshi_and_Bihari_migrants_in_Maharashtra
Regionalism in India: Factors
• Linguistic Diversity: India's regions are often defined by linguistic differences.
• The demand for linguistic states led to the reorganization of Indian states in the 1950s, starting with the formation of
Andhra Pradesh based on Telugu-speaking people.
• Cultural and Ethnic Identities: India's regions have distinct cultures, traditions, and ethnic compositions, which foster a
strong sense of regional identity.
• Economic Disparities: Economic imbalances between regions fuel regionalism.
• States or regions that feel underdeveloped compared to others often demand greater resources, development
opportunities, and political attention.
• Political Mobilization and Regional Parties: Regional political parties play a crucial role in Indian politics, advocating for
the interests of their respective states. E.g.: DMK and AIADMK (Tamil Nadu), TRS (Telangana).
• Historical Factors and Regional Legacy: The historical evolution of different regions, including the impact of princely
states, colonial rule, and local governance systems, has contributed to regional identities.
• Cultural assertiveness and regionalism are closely linked, as many regional movements are driven by a desire to protect
and promote the unique cultural identities of their respective regions. Some examples include the Telangana region of
erstwhile Andhra Pradesh, Bodoland in Assam, etc.
Regionalism in India: Factors
• Ethnic and Tribal Identity: Ethnic and tribal identities are a significant cause of regionalism, especially in states with large
tribal populations.
• Tribal communities often seek autonomy and protection of their cultural and land rights within India’s framework.
• Jharkhand, the 28th state of India, was formed on November 15 2000, after a long-standing tribal movement for
statehood.
• Geographical Factors: Geography plays a role in regionalism, as physical distance and geographical barriers often isolate
regions from the political and economic centres of power (Northeastern states).
• The creation of a separate state of Chhattisgarh was aimed at ensuring better governance and administration by
decentralizing power
• Perception of Central Neglect: The perception that the central government prioritizes some regions over others in terms of
economic investment, infrastructure development, and political influence can lead to regionalism.
• Colonial Legacy: The British colonial administration's policies of divide and rule have resulted in the creation of distinct
regional identities. (Inner Line Permit)
Regionalism: Types of Regional Movement
• Supra-state regionalism: This type of regionalism involves a group of states that come together based on a common
interest or issue, often against another group of states or the union. The Northeastern states of India are an example of
supra-state regionalism where the states have formed a common front due to their shared historical and socio-cultural
background and their perception of being neglected by the government.
• Inter-state regionalism: This type of regionalism involves the identities of one or more states. It is also issue-specific and
often results in disputes, such as the conflicts between Karnataka and Tamil Nadu over the distribution of Kaveri water. Or
the Satlej-Yamuna Link Canal Dispute between Haryana and Punjab.
• Intra-state regionalism: This type of regionalism refers to a part of a state that strives for self-identity and development. For
example, in Odisha and Andhra Pradesh, there is often a feeling of regionalism within specific coastal and western regions.
Examples: the intra-state economic and developmental disparities led to the formation of new states of Uttarakhand from Uttar
Pradesh, Jharkhand from Bihar, Chhattisgarh from Madhya Pradesh and Telangana from Andhra Pradesh.
Regionalism: Positive and Negative Impact
• Positive Aspects:
• Can strengthen democracy by promoting decentralization and giving voice to local communities. Greater political
empowerment may result from regionalism as people with a strong sense of regional identity are more likely to
organize and advocate for their interests, which can ensure that their needs are represented in the political process.
• Promotes cultural diversity and protects minority identities.
• May lead to balanced regional development through focused policies.
• Negative Aspects:
• Can result in conflicts or secessionist movements if regions feel neglected or oppressed.
• May lead to fragmentation or undermine national unity if regional identities overshadow national interests.
• Can foster economic imbalances or competition among regions.
• Can result in inter-state disputes over issues related to borders and the sharing of resources.
• Political parties or leaders may use regional identities to create divisive politics, which can lead to a lack of
cooperation and consensus at the national level, ultimately hindering progress and development. It also can lead
to Identity-based-politics.
Regionalism: Legal Measures
• Indian constitution gave for federalism which accommodates regional aspirations.
• Schedule 5 and Schedule 6 for Scheduled Areas and Tribal Areas.
• Special provisions under Article 371 for the state of Maharashtra and Gujarat for Vidarbha and Saurashtra region,
respectively.
• Similarly, Article 371A makes a special provision for Nagaland to protect the rights of the tribal population. Also, there
is Article 371B for Assam, Article 371C for Manipur, etc.
• Inter-state council to promote harmony and coordination among the states.
Ways Forward to Manage Regionalism in India
• Strengthening Federalism: Promoting cooperative federalism where states have greater devolution of powers
and resources to address their specific needs and demands.
• Balanced Regional Development: Focusing on reducing economic disparities by investing in underdeveloped
regions and providing special economic packages.
• Promoting Inter-State Cooperation: Encourage inter-state dialogue and cooperation on shared resources like
rivers to prevent conflicts.
• Preserving Cultural Diversity: Recognize and celebrate the cultural and linguistic diversity of India through
policies that protect and promote regional identities while fostering a sense of national unity.
Terrorism
Chapter 15
Terrorism: Definition
• Terrorism has pushed the world into a perilous new age of insecurity.
• Has affected both developing and developed countries.
• Terrorism is broadly defined as the violent behaviour designed to generate fear in the community, or a substantial segment
of it, for political purposes
• It is also defined as ‘a method whereby an organised group or party seeks to achieve its avowed aims chiefly through the
systematic use of violence‘
• UN General Assembly Resolution 49/60 describes terrorism “Criminal acts intended to or calculated to provoke a state of
terror in the general public, a group of persons or particular persons for political purposes are in any circumstance
unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other
nature that may be invoked to justify them.”
• The United Nations Security Council, in its resolution 1566 of October 2004, elaborates the definition of terrorism as
criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking
of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular
persons, intimidate a population or compel a government or an international organization to do or to abstain from
doing any act.
Terrorism: Components
• Six basic definitional components of terrorism.
(1) terror purpose (that is, creating fear in the minds of the primary target),
(2) Instrumental or immediate victims,
(3) Primary targets (population or broad groups and others),
(4) An outcome of death to instrumental targets and damage to or destruction of property,
(5) Violence, and
(6) Political purpose
Difference Between Terrorism and Insurgency
Terrorism: Characteristics
Terrorism is characterised by a technique of perpetrating random and brutal intimidation, coercion, or destruction of human
lives and property and used intentionally. The main characteristics of terrorism are:
∙ It is against the state or community.
∙ It has a political purpose.
∙ It is illegal and unlawful.
∙ It aims at intimidating and creating an impact of fear and panic not only for the victim but also for the people at large,
caused for the purpose of coercing or subduing
∙ It is accompanied by a feeling of impotence and helplessness on the part of the masses.
∙ It stops rational thinking.
∙ It leads to reaction of fight or flight.
• It contains arbitrariness in violence as victims’ selection is random or indiscriminate
Terrorism: Objectives
• The goals of terrorists may vary from movement to movement but the main objectives of terrorism are same
in all terrorist movements
• These are:
• cause the regime to react and also to overreact
• mobilize mass support and urge potential sympathizers to greater militancy or increase the involvement
of more people
• eliminate opponents and informers and remove danger to the movement and also ensure obedience of
the followers
• give publicity or magnify their cause and strength
• to break internal stability and check growth
• to disrupt and destroy the military and psychological strength of the regime
Terrorism: Evolution
• The term terrorism itself originates from the French word terreur, referring to the "Reign of Terror"
(1793-1794) during the French Revolution.
• The concept of terrorism, at this point, was linked with the state rather than non-state actors.
• Groups in colonized regions, such as the Irish Republican Brotherhood in Ireland started using terrorism as a
tool for liberation from colonial or imperial powers.
• Changes in the 20th century- Trans-national character; Attainment of self-sufficiency in terms of strategies;
Use of technology; State-Sponsored Terrorism during the Cold War.
• Emergence of religious and ethnic groups: Hezbollah and al-Qaeda, LTTE, Lashkar-e-Taiba, ISIS etc.
• Modern terrorism often leverages technology, media, and global networks to spread fear and propagate
ideology.
Terrorism in the
World
• The Global Terrorism Index (GTI) is a
comprehensive study analysing the impact of
terrorism for 163 countries covering 99.7 per
cent of the world’s population.
• GTI is a composite measure made up of four
indicators: incidents, fatalities, injuries and
hostages.
• Deaths caused by terrorism increased by 22%
to 8,352, the highest level since 2017.
• Terrorism deaths are down 9%, although this
is attributed to the Taliban’s transition from
terror group to state actor
• Islamic State (IS) and its affiliates remained
the world’s deadliest terrorist group in 2022
for the eighth consecutive year, with attacks
https://www.visionofhumanity.org/maps/global-terrorism-index/# in 21 countries.
/
Terrorism in India
• Terrorism in India is Political in nature
• Four types
• Militant/ Cross-border terrorism in Kashmir
• Khalistan-oriented terrorism in Punjab- Blue Star Operation
• Naxalite terrorism/ insurgency
• ULFA movement in the North East
• Important terror attacks
• On February 14 2019, a suicide bomber from the terror group JeM (Jaish-e-Mohammed),
killed 40 Indian soldiers from the Central Reserve Police Force in Pulwama, in the state of
Jammu and Kashmir.
Terrorism in India
2. The Preventive Detention Act of 1950 was an act in India that allowed for the detention of people for preventive reasons,
such as to prevent a person from committing a crime in the future, not to punish them for a past offence. This was done for
the maintenance of public order, national security, or the defence of India
• Preventive detention means the detention of a person without trial and conviction by a court. Its purpose is not to punish a
person for a past offence but to prevent him from committing an offence in the near future.
3. An Indian law that allows the government to detain people without trial for up to a year. The law was passed in 1980 during
the Indira Gandhi government. The act gives the government the power to detain people if they believe that the person's
actions could harm: India's defence, Foreign relations, National security, and Public order
Terrorism in India: TADA, 1987
The Terrorist and Disruptive Activities (Prevention) Act (TADA) was an anti-terrorism law enacted in India in
1985 and subsequently amended in 1987.
• It was designed to combat terrorism and maintain national security, especially in the context of insurgencies
and separatist movements in regions like Punjab and Jammu & Kashmir during that time.
• It included provisions for arrest and prosecution of individuals involved in terrorist activities or those
suspected of aiding terrorist groups.
• The Act allowed for the establishment of special courts to expedite trials related to terrorism, bypassing
regular judicial procedures for faster adjudication.
• If a person is found to be a terrorist then he will be punishable and get imprisoned for at least 5 years or
lifetime imprisonment with a liable fine or death penalty.
• One of the most controversial aspects of TADA was the power it granted law enforcement to detain
individuals without a formal charge for up to 180 days.
• TADA prohibited bail and shifted the burden of proof onto the accused persons.
Terrorism in India: TADA
• Confessions made to police officers, which are typically inadmissible in regular criminal cases, were allowed as evidence
under TADA.
• TADA also empowered the government to ban organizations suspected of promoting or engaging in terrorist activities,
granting authorities the right to arrest members of such organizations.
• Controversies and Repeal
• The Act faced widespread criticism for its potential for misuse and human rights violations.
• Argued that TADA was used disproportionately against minority communities and political dissidents, leading to
arbitrary detentions and abuse.
• Lack of Accountability: The broad powers granted under TADA often lacked checks and balances, leading to
instances where people were detained for prolonged periods without sufficient evidence.
• Low conviction rates- less than 2 per cent
• TADA was allowed to lapse in 1995 and was later replaced by the Prevention of Terrorism Act (POTA) in 2002.
Terrorism in India: POTA, 2002
The Prevention of Terrorism Act, 2002 (POTA) was passed by the Parliament of India in 2002 to strengthen
anti-terrorism operations.
• It was introduced in the context of increasing terrorist activities and incidents, including the 2001 Parliament
attack in India.
• POTA provided a comprehensive definition of terrorism, including any act intended to threaten the unity,
integrity, security, or sovereignty of India.
• The law targeted not just those directly involved in terrorism but also those financing, supporting, or
harboring terrorists.
• It imposed severe penalties (minimum 5 years) for terrorism-related offenses, including death sentences and
life imprisonment for certain cases involving fatalities.
• It allowed for the freezing of assets and financial resources of individuals or organizations suspected of
financing terrorism.
Terrorism in India: POTA, 2002
• POTA granted police officers the power to arrest individuals based on suspicion of terrorism, and those detained could be
held for up to 180 days without filing formal charges.
• POTA allowed the establishment of special courts to expedite terrorism-related cases and conduct trials confidentially when
necessary.