On Definition of Terrorism – From Israel to India, the making of a ‘terrorist’

Source: This post on defining “terrorism” has been created based on the article “From Israel to India, the making of a ‘terrorist’” published in the Indian Express on 30^th October 2023.

UPSC Syllabus Topic: GS Paper 3 Internal Security – Security challenges and their management in border areas – linkages of organized crime with terrorism.

News: This article discusses the importance of defining “terrorism”.

How was violence categorized in India by the NCRB?

National Crime Records Bureau (NCRB) Reports between 2004 and 2019 had a chapter on “violent crimes”. This chapter was subcategorised into violent crimes affecting the body — murder, kidnapping, etc., violent crimes affecting public safety — riot, arson, and violent crimes affecting property.

The chapter also mentions “motives behind violent crimes” and identifies “personal vendetta” along with reasons like “caste conflicts”, “communalism”, and “terrorist and other extremist violence”.

Communal, caste and class-motivated violence were grouped together, and, thus, hierarchically the same as “terrorist or extremist” violence.

What changes in the categorization of violence have been brought in recently?

Now, caste, class and communal violence are now reflected in the section on “murder”. Whereas “terrorist and extremist” offences have got a chapter of their own titled “offences against the state”.

It includes acts ranging from “sedition” to crimes relating to damage to public property, and, finally, crimes under the Unlawful Activities Prevention Act and the Official Secrets Act.

There is also a new chapter on “crimes by “anti-national” elements, which enumerates ordinary offences by “anti-nationals”, “North-East insurgents”, “Naxalites and left-wing extremists” and “terrorists including Jihadi terrorists”.

This has 2 implications:

1) It distinguishes “terrorism” from other violent crimes.

2) It implies that such acts are those that are solely directed against the state/government and form a continuum from dissenting speech to physical violence.

What is the internationally recognized classification?

International humanitarian law recognises “war crimes” as a legal category.

However, “terrorism” is not universally defined in customary international law. Violent events being categorised as “terrorist” is more a political than a legal act.

As evident by the domestic and international scenario, and in the wake of the recent events in Gaza, it is evident that there should be more public debate on the shifting meanings of “terrorism”.

Question for practice:

‘Before tackling terrorism, it is important to define it.’ Discuss with reference to India’s approach to defining and combatting terrorism.