Terrorism in the books of law
?Terrorism is nothing but the manifestation of intolerance and ultimate resort to worst kind of violence and brutality. It victimises innocent civil populace not even sparing the infirm and children,? said former Supreme Court Judge Brijesh Kumar delivering the Sixth Justice J K Mathur Memorial Lecture at Scientific Convention Centre here. Despite the burgeoning menace, the question remains how to handle terrorism, he quipped. ?There cannot be any sympathy for those adopting such means to achieve their goals,? he said.india Updated: Jan 15, 2006 21:38 IST
“Terrorism is nothing but the manifestation of intolerance and ultimate resort to worst kind of violence and brutality. It victimises innocent civil populace not even sparing the infirm and children,” said former Supreme Court Judge Brijesh Kumar delivering the Sixth Justice J K Mathur Memorial Lecture at Scientific Convention Centre here. Despite the burgeoning menace, the question remains how to handle terrorism, he quipped. “There cannot be any sympathy for those adopting such means to achieve their goals,” he said.
Justice Kumar warned, though terrorism is an illegitimate means of worst kind, a horrifying anger or disproportionate over reaction may not be the answer to it.
There is no doubt, that it is the duty of all the states to protect its citizens from any kind of danger to their lives, liberty and property and to repel and eradicate terrorist activities, he said and added but it may not be in a manner so as to be counter productive.
“As it may not produce the same result, which is sought to check and repel,” he stated and added that there may not be two categories of victims namely- victims of the terrorism and the victims of over reaction of terrorism, which may in some cases be termed as counter terrorism.
Neither medical aid if needed should not be denied, nor they can be starved to death or to be left to die uncared for from the vagaries of nature, said the judge. Though these basic care is within the framework of human rights, which have universal application, but it may not be misunderstood that it provides any kind of license or approval of the acts of terrorism or sympathises with them.
Koffi Annan, UN Secretary General said on November, 1999 “We are all determined to fight terrorism and to do our utmost to banish it from the face of the earth. But the force, which we use to fight it, should always be proportional and focused on the actual terrorists. We cannot and must not fight them by using their own methods by inflicting indiscriminate violence and terror on innocent civilians including children.”
The recent terror acts that took place at the Indian Institute of Science Bangalore and serial bomb blasts in Delhi in November 2005 are still a fresh. The post September 11, 2001 era assumed more significance in fight against terrorism.
International community held conventions so as to arrive at a consensus to check such activities from time to time, by making several declarations for example. “Convention on offenses and other acts committed on Board Air Crafts, adopted in Tokyo in 1963 for in flight safety empowering the Air Craft Commander to meet the situation by taking certain steps. To protect the safety of the Air Craft, Hague Convention was adopted in 1970 and to deal with hijackings, further providing for severe penalty for the offence and to extradite the offender.
Another convention was held, known as Montreal Convention 1971, providing for checking of the violence on board. Yet another convention was held on the prevention and punishment of crimes against internationally protected persons including diplomat i.e agents known as Hostages Convention adopted in 1979, Convention on Physical Protection of nuclear material as adopted in Vienna in 1980. “It obliges the state parties to penalise the unlawful possession use of transfer etc. of nuclear material or theft of such material to cause death or serious injury for damage to the property,” said Justice Kumar.
General Assembly of United Nations adopted several conventions and resolutions to enhance international cooperation to prevent and eradicate acts of international terrorism.