The ongoing conflict over Kashmir, which had previously led to three wars between the two countries, has been a major driver of cross-border terrorism in India. With a rich history of counter-terrorism efforts, India has developed a multi-faceted approach to combat this menace and safeguard its citizens, particularly following the 2001 terrorist attack on Parliament. India’s counter-terrorism strategy has significantly evolved as dynamic and multifaceted, including diplomatic initiatives to strengthen international cooperation, military actions to address cross-border threats and political and administrative efforts to address the root causes of terrorism.
The United Nations defines terrorism as criminal acts intended to cause fear or terror in the general public, a group of people, or individuals, often for political purposes. This definition underscores the deliberate and calculated nature of terrorism, making it clear why it is a global concern that requires a comprehensive and coordinated response.
Legal and Institutional Framework: A Brief
India has taken significant steps to combat terrorism through a combination of domestic laws and International Conventions. Over the years, India has enacted several legal measures to combat terrorism as given in the fig.1, primarily through The Unlawful Activities (Prevention) Act, of 1967. This legislation empowers the government to designate organisations as unlawful associations if they are involved in activities that threaten India’s sovereignty and integrity. Additionally, the establishment of the National Investigation Agency (NIA) in 2008 after the Mumbai terror attack of that year, commonly known as the “26/11 Mumbai attack,” was a crucial step in strengthening India’s counter-terrorism efforts. The NIA is responsible for investigating and prosecuting terrorism-related cases across the country.
In addition to the UAPA and NIA, India has implemented the Prevention of Money Laundering Act 2002 (PMLA), which targets the financing of terrorism and money laundering and the Foreign Contribution (Regulation) Act 2010 (FCRA) which regulates the acceptance of foreign funds by non-profit organisations, ensuring that such contributions do not support terrorist activities.
Additionally, given the Increasing use of information technology as a tool by terrorist groups, The National Intelligence Grid (NATGRID) was established in 2008 after the Mumbai terrorist attack of 26/11, operational from 2020, to create a comprehensive database of security-related information, enhancing intelligence sharing among various agencies and the Multi-Agency Centre (MAC), functioning under the Intelligence Bureau, has been strengthened to facilitate coordination among different intelligence and law enforcement agencies.
Furthermore, India actively participates in international frameworks, such as the Financial Action Task Force (FATF), to align its anti-terrorism financing laws with global standards. The country has signed and ratified all major United Nations conventions on terrorism, demonstrating its commitment to international cooperation in combating terrorism.
Together, these components form a robust legal and institutional framework that India utilises to address the multifaceted challenges posed by terrorism, ensuring a comprehensive approach to national security.
Role of NIA in Combating Domestic and Cross-Border Terrorism
The National Investigation Agency (NIA) plays a crucial role in India’s counter-terrorism efforts, particularly in addressing the multifaceted challenges posed by terrorism. Established in 2008 following the Mumbai attacks, the NIA is tasked with investigating and prosecuting terrorism-related cases across the country, thereby streamlining the response to both domestic and international threats. Its effectiveness is underscored by a conviction rate exceeding 90%, reflecting its commitment to thorough investigations and robust legal proceedings. The agency has implemented various measures, including the registration of cases related to terror financing, which is critical in curbing financial resources available to terrorist organisations. Additionally, the NIA has expanded its jurisdiction through amendments to the NIA Act 2019 to enlarge the mandate of the NIA by the inclusion of offences related to human trafficking, manufacture sale of prohibited arms, cyber-terrorism and offences under the Explosive Substances Act, 1908 and expanded its jurisdiction beyond India. And the Unlawful Activities (Prevention) Act (UAPA) in 2019, allowed it to designate individuals and organisations as terrorists and facilitate a more proactive approach to counter-terrorism.
How does the NIA designate individuals and organisations as terrorists?
The National Investigation Agency (NIA) designates individuals and organisations as terrorists under the Unlawful Activities (Prevention) Amendment Act (UAPA), 2019 through a systematic and precise process. It begins with the identification of individuals or organisations involved in terrorist activities, which is carried out through thorough investigations and intelligence gathering. Once identified, the NIA compiles concrete evidence, including financial records, communications and witness statements, to support the designation. This evidence is then used to prepare a detailed report, which the NIA submits to the Ministry of Home Affairs (MHA) with a recommendation for designation.
Upon receiving the report, the MHA reviews the findings and, if satisfied, approves the designation. This approval is formalised through an official notification published in the Gazette of India, making the designation legally binding. The consequences for those designated include the freezing of assets, imposition of travel bans and potential arrest and prosecution under UAPA. Designated individuals or organisations have the right to appeal and the designations are subject to periodic review to ensure they remain current and justified. This streamlined process enables the NIA to effectively target and disrupt terrorist activities by designating key individuals and groups as terrorists.
Counter-Terrorism in Highly Dense-Populated Cities
Counter-terrorism in highly dense-populated cities indeed presents unique challenges that complicate the efforts to prevent, respond to and mitigate the effects of terrorist activities. These challenges, to highlight a few, include casualty risks and the potential for mass panic in densely populated areas during a terrorist attack underscores the need for effective evacuation strategies and crowd management.
Secondly, complex urban infrastructure, with its concealed movement opportunities and critical targets reveals the vulnerabilities of urban environments, particularly concerning critical infrastructure like transportation hubs and financial districts, which are prime targets for terrorist activities. Thirdly, communication challenges, such as the risk of network overload during crises and the difficulty of coordinating multiple agencies or knowing whom to contact, can significantly complicate counter-terrorism efforts. To address these issues effectively in urban settings, it is crucial to have reliable communication systems and ensure smooth collaboration between all involved agencies. Fourthly, Surveillance and monitoring challenges, such as limited visibility and privacy concerns, require a need to explore the delicate balance between maintaining security through surveillance and protecting civil liberties in densely populated areas. Finally, the psychological impact of terrorism, including the fear, anxiety and social disruption it causes emphasises the importance of public mental health strategies in maintaining social stability during and after terrorist events.
Despite challenges, India’s counter-terrorism strategies have yielded considerable results as per the Global Terrorism Index 2024 (GTI), an annual report published by the Institute for Economics & Peace on the impact of terrorism on lives, injuries, property and psychology, revealed that the number of deaths from terrorism in India has declined. The country reported a decrease of 18 deaths from terrorism in 2022-2023, following a decrease of 45 deaths in 2021-2022 and 49 in 2020-2021.
Conclusion
As India continues to confront the persistent threat of terrorism, it is imperative to strengthen its counter-terrorism efforts through a comprehensive and collaborative approach. Addressing intelligence gaps, fostering community engagement and enhancing international cooperation is important to effectively combat this menace. By uniting against terrorism, India can safeguard its citizens and contribute significantly to global peace and security. The legal framework, anchored by the Unlawful Activities (Prevention) Act (UAPA) and supported by institutions like the National Investigation Agency (NIA), provides a solid foundation for India’s counter-terrorism efforts. Implementing laws targeting terror financing, along with enhancing intelligence-sharing mechanisms such as NATGRID and the Multi-Agency Centre (MAC), has been instrumental in bolstering the country’s internal security. However, counter-terrorism in densely populated urban areas presents unique challenges. These include the risks of mass casualties, complex infrastructure, communication difficulties and the need to balance effective surveillance with protecting civil liberties. Despite these challenges, India’s counter-terrorism strategies have yielded significant results. The consistent decline in terrorism-related deaths, as reported by the Global Terrorism Index 2024, underscores the effectiveness of these measures.