Author : Mekala Ganesh Yadav, B.A LL.B, Mahatma Gandhi Law College, Hyderabad
Abstract
Terrorism remains an unparalleled threat to national and international security, characterized by unlawful acts committed with the intent to intimidate for political, religious, or ideological objectives. This article explores the legal definition, statutory provisions, judicial interpretations, and notable case laws related to terrorism. Emphasizing the importance of an effective legal response, it also discusses the critical balance between state security and fundamental rights.The intersection of terrorism and legal governance in India presents a multifaceted challenge for the judiciary and law enforcement alike. Amidst heightened security concerns following acts of terrorism, such as the deadly attack in Pahalgam and evolving counter-terrorism strategies including the controversial Operation Sindoor.
This article provides an analytical review of the legal framework governing counter-terrorism in India through a critical examination of judicial processes, legislative enactments, and case laws. By synthesizing findings from multiple studies and reports—from Shylashri Shankar’s investigation into POTA cases to Amnesty International’s assessments on misuse of counter-terrorism laws—the article explores the balance between national security and due process. It further scrutinizes the judicial trends observed in cases framed as “Islamic terrorism” and assesses the evidentiary basis for claims of judicial restraint and regulatory overreach. The piece also addresses the legal implications of international standards set by the Financial Action Task Force (FATF) and concludes with an evaluation of the resultant impact on civil liberties and human rights in India
