(e-certificate)

ISSN : 2278 – 5639 IIFS Impact Factor: 5.375

Global Online Electronic International Interdisciplinary

Research Journal (GOEIIRJ)
Peer Reviewed Refereed Journal

Certificate of Publication
This is certify that
Dr. Manoj Jagannath Pekhale
has contributed a paper as author entitled
RIGHT TO EDUCATION UNDER INDIAN CONSTITUTION
have got published in
Volume–XI, Issues–VI, Month of November – December 2022.
The Editor in Chief and The editorial Board appreciate the intellectual Contribution
of the author.

Dr. Rakesh Ramraje

Chief Editor
Global Online Electronic International Interdisciplinary Research Journal’s licensed Based on a work at [Link]
 ISSN : 2278 – 5639
November – December 2022.
Volume - XI, Issues – VI
IIFS Impact Factor : 5.375

GOEIIRJ
Global Online Electronic International
Interdisciplinary Research Journal
(GOEIIRJ)
[Link]

Peer Reviewed Refereed Journal

{Bi-Monthly}

CHIEF EDITOR
Mr. Rakesh Ramraje

Year
2022
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – XI Issue – VI November – December 2022

INDEX
Sr.
Author Name Title Page No.
No.
PANDEMIC LEGAL GUIDELINES IN
Dr. Sanjay V. Jadhav And
1 INDIA AND USA 01 to 08
Asst. Prof. Smita Satej Bansode
A Comparative Study
A STUDY ON HABITS AND INVESTMENTS
Asst. Prof. Pavan Laxman
2 TRENDS OF SALARIED EMPLOYEE 09 to 12
Gaikwad
TOWARDS TAX PLANNING

3 Dr. K. C. Rathod 21ST CENTURY SKILL 13 to 15

म हला स मीकरण – आिथक, सामा जक व

4 ा. पवन ल मण गायकवाड 16 to 20
औ ोगीक वकासाचा पाया

5 ा. रामे र पदमे पयावरण भाव मू यांकन- एक अ यास 21 to 30

RIGHT TO EDUCATION UNDER INDIAN

6 Dr. Manoj Jagannath Pekhale 31 to 34
CONSTITUTION

EXPLORING THE INDIAN KNOWLEDGE

Mr. Chirakhoddin Vajiroddin SYSTEM: HISTORICAL FOUNDATIONS,
7 35 to 49
Pinjari PHILOSOPHICAL INSIGHTS, AND
CONTEMPORARY RELEVANCE

IIFS Impact Factor : 5.375 [Link] Page 1

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – XI Issue – VI November – December 2022

RIGHT TO EDUCATION UNDER INDIAN CONSTITUTION

Dr. Manoj Jagannath Pekhale
M.V.P.S. Law College, Nashik 13

Worldwide education has been considered as the first & foremost prerequisite of dignified
life. The grate statesman political scientist scholars and reformers have always give importance to
education as measure for eradication of social evil backwardness etc.
During the early period of Varna, caste, culture the activity of education was made the sole
monopoly of Brahmins. But during the British regime the gates of education were partially thrown
open to all Indian society, especially to woman and so called low caste men.

Global Online Electronic International Interdicipilinary Research Journal’s licensed Based on a work at [Link]

During the British period the reformers like Rajaram Mohan Roy & the govt. policymaker
believed that would filter downwards. After 1857 British started Universities in India but continued
this kind of policy till the end of British period.
After independence that was consistent demand for right o education with other fundamental
rights. There fore in accord with Art 26 of U.D.H.R.1948 our constitution framers made provision
U/ Art 41,45,46 in part IV provided for right to education. By these Article’s constitution direct the
state to act within the time but did not create any constitutional right to the citizen.
From the plain reading of these 3 Article we can understood that every child has right to
education until he completes the age of 14 there after his right to education is subject to economic
capacity of the state.
Our constitution maker’s realized the importance of right to education & they placed the
subject of education in state list of the constitution. But unfortunately there was very poor response
from state to these provision U/A 41,45,46.
The change has come only after the 42 Constitution Amendment Act 1976 which has placed
education in concurrent list & unable both state & other to act upon it. However even after this
amendment the stat & other expenditure on education remained very less.
After slow development of education in 5 decades now under the under ship & guidance of
the planning commission & the ministry of education there has been a wide growth in all areas of
education system at state & national level. The state expenditure on education over the year has
increased. The National Policy on education modified & promised the free & compulsory education
of satisfactory quality to all children up to the age of 14 years. But unfortunately executive fueled to
implement the constitutional provision U/Art 45. First time judiciary stepped in to shoes. First time
IIFS Impact Factor : 5.375 [Link] Page 31
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – XI Issue – VI November – December 2022

in case of…..
Mohini Jain V. state of Karnataka
While deciding the issue of capitation in educational institution supreme court converted Art.
41 in to Art. 21 & held.
Right to education is directly related with right to life. The right to life under article 21
cannot assure unless it is accompanied by the right to education. The state government is under an
obligation to make level best efforts to provide educational facilities at all levels to its citizens.
And first time the attempt of conversion of right to education in fundamental rights under
part 3 was made by Supreme Court was made through this case because without making right to
education as F.R. it shall remain beyond the reach of large majority which is illiterate.
Mohini Jains decision provided sound base to right to education but immediately in the next year
in…..
Unni Krishnan vs. State of A.P.
The Supreme Court modified its position and held that the citizen of this country have a
fundamental right to education. The solid right flows from article [Link] right is however not an
absolute right. In simple words every citizen/child has right to free education till the age of
[Link] after the right to education is subject to economic capacity of a state.
Unni Krishnan’s decision narrows down the scope of decision of Mohini Jain.
After Mohini Jain &Unnikrishan judgment the development of right to education got
speed.& the committee in this regard was appointed by education ministers of states which come
out with report in 1997 with a recommendation that the constitution of India should be amended to
make a right to education up to 14 yrs of age.
Further to make schooling compulsory the constitution amendment bill was introduced in
parliament in [Link] draft bill was introduced in the Rajya Sabha. The bill proposed to amend
article 21 of constitution by introducing the clause, the state shall provide free & compulsory
education to all citizens of the age of 6 to 14 years.
From 1997 to 2001 the bill underwent change & it was reintroduced as 93 rd Constitution
Amendment Bill [Link] parliament passes the bill inserting a new article [Link] new Article
21A provides…
“The state shall provide free & compulsory education to all children of age 6 to 14 years in
such manner as the state may by law determine”.
The Constitution (93 Amendment) Bill 2001 not only provides 21A but also has added
Clause (K) to Art 51 A in part IV & made a deity of every citizen of India who is a parent or
guardian to provide opportunities for education to his child between the age of 6-14 yrs.
Thus finally Art. 45 of constitution have given a new life.
However new Art a has no spirit of Art 45 of constitution Art 45 Provides free education for
IIFS Impact Factor : 5.375 [Link] Page 32
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – XI Issue – VI November – December 2022

all children but Art 21 A provides right to education only for the children of the age of 6-14 It is very
difficult to understand why the age group of 1-6 have been left out completely from the pre-primary
stage of education It means the state has no responsibility & the teacher & institutions such as
BALWADI, ANGANWADI are out of the state funding.
In spite of above lacuna we can assume that this new article provide some protection to the
right to education the basic question after this amendment is that how the Art 21 A will be
implemented ?
Because the Art 21 A provides Rt. to education, but in such manner as state may by law
determent. It mean's that to implement this right the state has to a law laying down the policy.
The Govt. of Ind. announced that it would introduce central legislation to effectively implement the
right.
These things are yet to be finalized under the scheme SARV SHIKSHA ABHIYAN
(education for all) central Govt. sanctioned thousand crores of rupees to several states. However in
the environment of privatization how govt. will implement right to education will be interesting to
watch we hope the govt. of India should come out very soon with the require changes funds human
resources & necessary political will to implement the right to education.

WEBLIOGRAPHY
# [Link]
# [Link]
reality-for-india-s-children-113091300395_1.html
# Ibid
# [Link]
# View of Ms. Katerina Tomasevski, former United Nations Special Rapporteur on the right to
education, who further developed the concept of ‘4 As’ according to which education can be
a meaningful right if it is made available, accessible, acceptable and adaptable.
# In 1994, female education lagged behind male education rates by an average of 25.5
percentage points for the country as a whole. This statistic masks significant regional
disparities in progress towards gender equality in education (Sudarshan 2000)
# [Link]
[Link]
# Consultation Paper on ‘Literacy in the Context of the Constitution of India’, Advisory Panel
on Promoting Literacy, Generating Employment, Ensuring Social Security and Alleviation of
Poverty, September 26,2001, [Link]
# [Link]

IIFS Impact Factor : 5.375 [Link] Page 33

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – XI Issue – VI November – December 2022

# Planning Meeting: Research on child labour in South Asia, Jaipur, June 18, 2000 CUTS-
CITEE, Jaipur, [Link]
[Link]
[Link]
education-in-india/45230
[Link]
[Link]
[Link]
[Link]
[Link]

IIFS Impact Factor : 5.375 [Link] Page 34

 (e-certificate)
ISSN : 2278 – 5639 Cosm Impact Factor: 5.017

Global Online Electronic International Interdisciplinary

Research Journal (GOEIIRJ)
Peer Reviewed Refereed Journal

Certificate of Publication
This is certify that
Manoj Jagannath Pekhale
has contributed a paper as author entitled
LEGAL POSITIVISM
have got published in
Volume–X, Issues–I, Month of January – February 2021.

The Editor in Chief and The editorial Board appreciate the intellectual Contribution
of the author.

Mr. Rakesh Ramraje

Chief Editor
Global Online Electronic International Interdisciplinary Research Journal’s licensed Based on a work at [Link]
 ISSN : 2278 – 5639
January – February 2021
Volume - X, Issues – I
Cosm Impact Factor : 5.017

GOEIIRJ
Global Online Electronic International
Interdisciplinary Research Journal
(GOEIIRJ)
[Link]

Peer Reviewed Refereed Journal

{Bi-Monthly}

CHIEF EDITOR
Mr. Rakesh Ramraje

Year
2021
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – X Issue – I January – February 2021

INDEX
Sr.
Author Name Title Page No.
No.
1. ी. ख लारे मारोती आनंदराव संगणक व संगणकाचा इितहास व उपयोग 01 to 07
यावसाियक िश णाम ये मु या यापक व िश कां या
2. ीमती िसंधू व ं बर झोडपे 08 to 12
भूिमकेचा अ यास
Collaborative Digital Reference Services In
3. Dr. Vilas G. Jadhav Libraries To Combat Post Covid -19 13 to 20
Challenges
4. डॉ. परशराम भगीरथ वाघेरे सं ापन कौश य आ ण िश क 21 to 24
ी. नारायण शंकर चौधर आण अनुसूिचत जमाती या वधाथ वसितगृहां या प र थतीचे
5. 25 to 31
डॉ. संजीव सुकदे व पगारे व ेषण
भारतावर ल पर कय आ मणा या काळात मालेगांव
6. ा. डॉ. जी. ड . पवते 32 to 37
तालु याचा सहभाग
सह. ा. शशीकांत भामरे आण
7. ामीण वकासात रा यकृ त बँकांचा सहभाग 38 to 44
ा. डॉ. दादासाहे ब पाट ल
Improving Student Learning Using Innovative
8. Dr. Ovhal Ramchandra Mariba 45 to 46
Ict Tools And Strategies : A Conceptual Study
9. Manoj Jagannath Pekhale Legal Positivism 47 to 53
Regional Revive in Educational & Vocational
Mr. ChirakhoddinVajiroddin
10. Problems of Muslim Minority People in 54 to 70
Pinjari
Maharashtra State

Cosm Impact Factor : 5.017 [Link] Page 1

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – X Issue – I January – February 2021

LEGAL POSITIVISM

Manoj Jagannath Pekhale

Research Scholar
S.R.T.M.U. Nanded

In Natural Law theory the source of law was ambiguous and vague which becomes a main
defect of natural law. Theory of Position is emerged as a reaction against natural law. It opposed the
natural law which indicates opposition to morality and provides that law shall not be based on
morality as it is a man – made law.
Core of positivism is law is law and is nothing to do with morality. It means it opposed to
relationship between law and morality.
Once a law comes to an existence, we don’t have authority to question the legality of that
law; it shows “Law as it is” and not “Law as ought to be”

Global Online Electronic International Interdicipilinary Reserch Journal’s licensed Based on a work at [Link]

KELSEN PURE THEORY OF LAW

Kelsen was socialist Jew who left Austria in 1930 and was dismissed from the position and
forced to leave Germany in 1933. He redrafted the Austrian constitution in a ways that promoted
democratic decision – making and assisted the recognition of human rights. He also served from
1921 to 1930 as a judge of the Austrian constitutional court.
Kelsen theory stands at equal footing and equally importance as Austin’s theory. Kelson
developed his theory on law and has great contribution toward jurisprudence. Positivism was
reshaped and redefined by the pure theory of Kelsen and is a part and parcel of the systematic
positivism. Kelsen developed his theory on theoretical and philosophical basis.
According to Kelsen, seed of positivism were not sown by positivist but by natural lawyer
like Stammler. Stammler invents the concept of purity. The Concept that law shall be pure from any
other enquiry like sociological, political, historical, logical etc. denotes purity of law. So law shall
not be based, derived, linked or mixed to those entire ingredients.
Thus according to Kelsen, “law shall stand on its own”. Though Stammler and Kelsen
represent different schools they talked about “purity” of law as such.
According to Kelsen laws are scattered in society that create ambiguity in the source of law.
There is a Total heterogeneity of laws and rules. Laws are scattered which create heterogeneity of
class. There is a kind of chaos in a legal order so to achieve homogeneity Kelsen want to develop his
pure theory of law.

Cosm Impact Factor : 5.017 [Link] Page 47

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – X Issue – I January – February 2021

Object of his theory is to form homogeneity of laws and legal order because laws are
scattered and becomes difficult to trace the real source of law as such.
Kelsen rejected Austin’s proposition of determinate superior authority (sovereign) as a source and he
propounded a pure theory, which is necessary to achieve the order or homogeneity in legal system.
So the source of law could be traced. The validity of law can be decided on the basis of pure theory.
LAW IS A HIERARCHY OF NORMATIVE RELATIONS
Kelsen’s legal system is one single unit and is normative legal system or order.
Norms are those, which regulate the human conduct and human behavior in a society. According to
Kelsen , Laws and rules are norms. These norms in a normative legal system are in a hierarchical
nature. There is clear – cut order or stratification in legal system one cannot interchange the position
of a norm in this hierarchy. Every norm in system derives its existence and validity from its superior
norm the highest norm in this legal system is called as basic norm or grundnorm.
At the top level of such hierarchy there is to be a basic norm or grundnorm. This basic norm
doesn’t derive any existence or validity from any other source therefore it is supreme.
Constitution (Grundnorm)
Parent Act
Delegation
Sub delegation

In above levels sub delegation must be in accordance with the delegated legislation
Delegated legislation is to be in accordance with the Act of parliament i.e. parent act and this act
should be in accordance with the constitution Thus legality or validity of each norm is to be decided
by the higher norm as well as the rest of the higher norm including grundnorm.
The position of grundnorm in this hierarchy is a supreme, as it doesn’t derive its validity and
existence from any other sources. Thus it is Sue Generis is means it is stand on its own.
Every norm in this legal order is to be tested for legality and validity from basic norm thus
basic norm could not be tested by any external source. In every legal system grundnorm is self
existed it doesn’t come from any other sources then its validity and legality couldn’t be judged.
Thus grundnorm are immune from any kind of scrutiny. Norm means standard of behavior.
Standard in its sense that human being ought to behave or ought not to behave in society. In this
juncture “ought to” proposition came to be incorporated or injected in area of positivism. Here law is
as implied ought to proposition contradictory thing Kelsen explain this “ought” in positivist sense
and says that, “Yes it is an ‘ought’ it is a ‘legal” ought and not a ‘moral’ one”.
While criticizing Austin’s theory he said that when we called law as a command it shows an
involvement of psychological element in it.
In Kelsen’s theory, there is clearcut hierarchical normative legal order if a person commits an

Cosm Impact Factor : 5.017 [Link] Page 48

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – X Issue – I January – February 2021

offence, he arrested and then charge – sheeted according to procedural law and then tried in a court
of law and thereafter judge decide a matter according to penal law of a state derived its validity from
Constitution of a state.
Kelsen further say that basic norm of grundnorm could be constitution or parliament in India
constitution is a basic norm while in United Kingdom parliament is a basic norm.
Jayalalita Vs. Union of India (1994)
Supreme Court held that constitution is a supreme rather than mandate of public here in this
case. [Link] the advocate for Jayalalita contended that Jayalalita and her party get brutal
majority and it is a mandate of people, which is superior and so she cannot be removed. the supreme
court rejected he contention and said that constitution is supreme.
So In India a basic norm could be termed to constitution.
“MINIMUM EFFECTIVENTESS” AND “INITIAL HYPOTHESIS”
Kelsen branded basic norm or grundnorm as initial hypotheses because they are sue generis
which represent basic politic faith of the community. But various other jurists criticized him in using
a word “hypothesis” which represents imagination. Which is opposite to the notion of positivism.
Thus it is not in real sense. To reduce this criticism he used “fiction” word instead of “hypothesis”
which also criticized by jurist the thing. Which is in factious in nature shows that it is not real in
nature shows that it is no in real sense if those are hypothetical or fictitious in nature then how could
they count the legality and existence of those norms? From where basic norm comes into existence?
Subsequently, Kelsen went out to point out basic foundation of pure theory of law it also shows an
aim of pure theory of law.
1) The aim of theory of law is to reduce chaos and multiplicity, to bring unity and homogeneity.
2) Legal theory is a science and not volition. It is knowledge of ‘what law is? & not ‘what law
ought to be?
3) It is a theory of norm which is not concerned with the effectiveness of legal norm.
4) Law is normative in nature.
5) Theory of law is formal and it is a way of ordering and changing content in a specific way.
Kelsen theory of law revolves around the basic norm, which is not under any scrutiny.
Grundnorm which is to be one and only one single entity. Grundnorm comes into existence on it
own basic norm doesn’t derive from any external authority. Mere existence is sufficient to call as
basic because existence of that law itself confers the legality or validity of law.
Such basic norm must secure a kind of minimum effectiveness. Efficiency of total legal order
is to be based upon minimum effectiveness of basic norm if that basic norm possesses such
minimum effectiveness then that legal system is valid one.
Effectiveness of legal norm is not concerned for him. Existence of basic norm itself
conferred the validity to basic norm which means validity and existence goes hand in hand.
Cosm Impact Factor : 5.017 [Link] Page 49
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – X Issue – I January – February 2021

Basic norm shall secure minimum effectiveness which is nothing but a minimum obedience
i.e. minimum legitimacy so minimum acceptance to those norms conferred the validity to (those)
basic norm.
Existence is not per se depending upon basic norm but adherence, acceptance or obedience
by minimum people in that particular country is sufficient.
Recognition to grundnorm gives recognition to all norms. Efficacy of legal order is an efficacy of
every individual norm. Legality or validity of norm is conditioned by minimum effectiveness of
grundnorm so the minimum acceptance is necessary condition for total legal order.
Is his theory is made applicable in revolutionary regime like Pakistan and Iraq.
Has the minimum effectiveness any value in Revolutionary regime? In any revolution,
revolutionary tries to overthrow the existing governmental machinery by not abiding to parliament
or constitution as grundnorm. Kelsen’s initial hypotheses are nothing but a basic political faith of
community. So revolutionary’s faith represents the initial [Link]
Madzimbamuto v. Lardner – Burke I (1968) 2 SA 284
Illustrate the point that the validity of ‘laws’ and of the law – constitutive medium is separate
questions. Effectiveness relates to the acceptance of the later. Both the Rhodesian Courts and one
judge on the judicial committee held that, although the regime was not lawful, at least some of its
enactments could be accepted as ‘laws’ provided that they conformed to the old “1961 Constitution”
the implication of which is that an illegal authority can enact valid ‘laws’, while the previous and
now effective authority continues to possess some legal force.
In the result it would seems that the effectiveness of the legislative authority is not a
condition of the validity either of ‘laws’ or even of itself. It is a factor which in time induces the
courts to accept such authority.
Thought the legal system which was accepted by people therefore effective in terms of
Austin but it remain ineffective in case of Kelsen.
In Pakistan after independence .martial law imposed which was validated by judiciary as follows.
Meer Hasan Vs. State Pak LD ( 1969 ) lAH. 786 I
A Pakistani judge, who used the historical context to strike down a piece of legislation by the
revolutionary government and he was fearless enough to do so while that government was still
firmly in power so Pakistani supreme court held that usurper as illegal, invalid and ineffective. If the
regime nullified the power of the court to decide the validity of the regime then court could declare
revolutionary regime as unconstitutional.
In recent scenario in Pakistan, once again supreme court nullified Kelsen on news of times of
India ( Pune edition ) dated 2/10/2002, it was stated that Pakistani supreme court has said that all the
laws and rules promulgated by president Mushrrafs government would not be valid without the
approval of parliament, to be elected on 10th October,
Cosm Impact Factor : 5.017 [Link] Page 50
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – X Issue – I January – February 2021

A Full bench of the Supreme Court on Monday observed that laws promulgated under
provisional constitutional order had no legal status without validation by the parliament.
Kelsen drew no distinction between effectiveness which makes people obliged to obey and
effectiveness which makes them feel under an obligation to do so. A usurper may by force and fear
achieve the former, but not the later. Which is judicially acknowledged kind of effectiveness
required by Kelsen.
KELSEN AND INTERNATIOANAL LAW:-
No doubt every independent sovereign state has its own legal order but they must be in tune
with international law the fact is that the law is treated in the legal order . no independent state is
entitled to make law without regard to international law in that sense international law operates as
something higher principle of “Pacta Sand Servanda” which is to be treated as binding in every legal
order international law operates as superior where the state law is to be in tune with the international
law international law thus operates as replication on the municipal legal order.
According to Kelsen, state exists only on the basis of international law for Kelsen,
International law and state law are same he believe in monism in international theory he rejects the
notion of dualism. To him, state law and international law are same and there is no difference
between them, but it is rater a state that is just legal construction.
According to Kelsen, there are no rights but only duties are there and if everyone follows his
duty then there is no questions of rights arouse because all need will be fulfilled when everyone do
his duties.
INDIAN POSITION
On the Question whether grundnorm is immune from any kind of scrutiny or any
determination? Validity of every norm is on the grundnorm is not subject to any scrutiny. Legality or
validity cannot judge.
But in our constitution Constitutional amendment is an integral part of constitutional
mechanism. As it was held in.
Keshavanand Bharti Vs. State of Keral ( 1973 )
That the legality of constiutional amendment is subject to judicial review.
Indira Neharu Gandhi Vs, Raj Narain ( 1975 )
Mathew J discuss this theory i.e. amending power of constitution is constituent power law
making power is a power to make law in tune with the constitution law making power is to be
exercised with sovereign legislative power which has to be derived from the constitution whenever
amending body exercised power in the form of law and that law could be a constitutional law
legality or validity of a legislative law is to be determined on the basis of constitutional law where as
the validity of constitutional law cannot be judge or determined on the basis of any other external
source.
Cosm Impact Factor : 5.017 [Link] Page 51
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – X Issue – I January – February 2021

Any valid law has to satisfy two conditions.

1) Legally constituted body ( Parliament )
2) Legally valid procedure ( Article 368 )
Amendment of Constitution is also subject to two ingredient every constitutional amendment
is to be tested with basic structure doctrine of the constitution by the supreme [Link] the basic
structure doctrine is nothing but a grundnorm on which the constitutional amendment is to be tested.
So Kelsen’s contribution towards legal theory is vast as he brought the notion of recognition of law
by validity.

Bibliography
 Berman Harold J., Law and Revolution, The formation of the western legal tradition, Harvard
UP: Cambridge (1988).
 Bix Brain, Jurisprudence Theory and Context, Sweet & Maxwell UK Ltd: England (2012).
 Bix Brain, Jurisprudence: Theory & Context, Westview Press: USA (1996)
 Blackstone, Commentaries on the Law of England: Introduction, Oxford Publication (1765).
 Bodenheimer Edgar, Jurisprudence- the Philosophy and Method of the Law, Universal Law
Publishing Co. Pvt. Ltd: New Delhi (1996)
 Burgress John William, Political Science and Comparative Constitutional Law, Gin writing
books (1896).
 Agarwal Prof. Nomita, Jurisprudence (Legal Theory), Central Law Publications: Allahabad
(2008)
 Allen C.K., Law in the Making, Oxford University Press (1964).
 Ashutosh, Rights of Accused, Universal Law Publishing Co. Pvt. Ltd: Delhi (2009).
 Austin Granville, the Indian Constitution – Cornerstone of a Nation, Oxford University Press
(1974).
 Austin Granville, Working a Democratic Constitution: A History of Indian Experience,
Oxford University Press (2013).
 Austin John, The Province of Jurisprudence Determined, Universal Law Publishing Co: New
Delhi, (2012).

Webliography
[Link]
al%2C+Natural+Law%2C+Hu
[Link] /
[Link]
[Link]

Cosm Impact Factor : 5.017 [Link] Page 52

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – X Issue – I January – February 2021

[Link]
[Link]
[Link]
[Link]

Cosm Impact Factor : 5.017 [Link] Page 53

 (e-certificate)
ISSN : 2278 – 5639 Cosm Impact Factor: 4.023

Global Online Electronic International Interdisciplinary

Research Journal (GOEIIRJ)
Peer Reviewed Refereed Journal

Certificate of Publication
This is certify that
Manoj Jagannath Pekhale
has contributed a paper as author entitled
TERRORISM AND HUMAN RIGHTS –INDIAN SCENARIO
have got published in
Volume–IX, Issues–I, Month of January – February 2020.

The Editor in Chief and The editorial Board appreciate the intellectual Contribution
of the author.

Mr. Rakesh Ramraje

Chief Editor
Golbal Oline Electronic International Reserch Journal’s licensed Based on a work at [Link]
 ISSN : 2278 – 5639
January – February 2020
Volume - IX, Issues – I
Cosm Impact Factor : 4.023

GOEIIRJ
Global Online Electronic International
Interdisciplinary Research Journal
(GOEIIRJ)
[Link]

Peer Reviewed Refereed Journal

{Bi-Monthly}

CHIEF EDITOR
Mr. Rakesh Ramraje

Year
2020
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

INDEX
Sr.
Author Name Title Page No.
No.
Amol Y. Raut
Bhabani Bhattacharya : The Novelist Of
1. And 01 to 04
Gandhian Thought
Dr. Chhaya R. Dapke
2. डॉ. संजय पु षो म शेडमाके मा यिमक तरावर इितहास अ यापन 05 to 08

3. ी. अमरद प अशोक रामराजे ी. अर वंद घोष यांचे शै णक वचार 09 to 12

Impact Of Globalization On The
Underprivileged Character, With Special
4. Dr. Nitin Bharaskar 13 to 15
Reference To Aravind Adiga’s Novel ‘The
White Tiger’
5. Dr. Sanjay P. Shedmake The Use Of Blogs In Teaching And Learning 16 to 19
Mr. Narayan Shankar Choudhari A Study Of The Effectiveness Of The
6. And Governmenthostel Scheme For Scheduled 20 to 29
Dr. Sanjiv Sukadev Pagare Tribe Boys And Girls In Maharashtra State
Terrorism And Human Rights –Indian
7. Manoj Jagannath Pekhale 30 to 40
Scenario
The Influence Of Personality Traits On
Mr. Chirakhoddin Vajiroddin
8. The Development And Effectiveness Of 41 to 50
Pinjari
Teacher Trainees

Cosm Impact Factor : 4.023 [Link] Page 1

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

TERRORISM AND HUMAN RIGHTS –INDIAN SCENARIO

Manoj Jagannath Pekhale

Research Scholar
S.R.T.M.U. Nanded

“Terrorism is a mode of violence involving the systematic use or threatened use of murder,
injury and destruction to intimidate or shock a target group wider than the immediate victims, or to
create a climate of terror”.
Defining terrorism brings with it a queer legal issue. Many western legal systems such as
FRANCE, SWEDEN and USA have provisions which exempt the forcible extradition of persons
accused of a political offence. The question then to be answered is whether the terrorist act in
question, be it bombing, hijacking a plains or kidnapping is a political offence? If a particular act is
ruled as a political offence, then the request to extradite may be denied. Whilst even to-day the issue
is a controversial one and in a process of flux the trend. Now seems to be clearly towards amore
restrictive use of the political offence exception.

Golbal Oline Electronic International Reserch Journal’s licensed Based on a work at [Link]

Terrorists believe that their end-justifies the means. To achieve to their objective, terrorists
are willing to kill & be killed but their willingness to kill is at times directed not towards a particular
section of the governmental machinery but indiscriminately at the general public, including women,
children and old persons. Most terrorists do not differentiate between security forces and the
citizenry. There are no innocents, they believe.
Due to the proliferation of television, a single terrorist attack is taken into the living –rooms
of millions of people world-wide. It gives the terrorists free publicity worth millions of dollars.
Terrorism is definitely a media event. The greater the brutality, inhumanity and hardness of heart
greater will be its media value. It is therefore, not surprising that the group that opened fire on
passengers waiting to get on an E1 Al Airline in Rome had the goal of killing as many children as
possible. Similarly the world was aghast at the depraved murder of wheelchair bound American
tourist Leon Klinghoffer aboard the hijacked Italian cruise ship Achille Lauro in 1985.
In this Chapter we have also presented an analysis of organized Crime and causes of growth in
modern society particu1arly in Urban Sector.

Cosm Impact Factor : 4.023 [Link] Page 30

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

STELL IN has defined Organized Crime as follows:

"Organized Crime is synonymous with economic enterprises organized for the purpose of
conducting illegal activities and then they operate legitimate ventures, do so by illegal means"
Organized Crime as a global phenomenon has been a recent development. According to
SUTHERLAND - "A Criminal Organization is formed as a result of interaction of criminals
formality related to each other with their compromise understanding division of labour and a leader
acceptable to all"
The common character of Organized Crime can be described as follows:
1. Planned, Premeditated Activities: -
It is characterized by a sophisticated planned activity. As Donal Taft observes, the
organized criminals introduced in the field of crime the factors of leadership, group-
discipline, obedience, loyalty, division of labour, fellowmen ship sacrifice, co-operation and
group planning which spell efficiency in our moral, economic, political and social 1ife .
2. Leadership:
Organized crime is normally conducted under supervision of a powerful leader of the
gang. As Walter Reckless points out - "Organized Crime is an unlawful disadvantage which
is carried on by the boss, his lieutenants, operators and other subordinates who form a
hierarchical structure fore specified period". His authority is unchallenged and Betrayal is an
open invitation to death.
3. Association of Persons:
Many be originally innocent but may be subsequently used for a criminal purpose.
U.S.A. because of its high exploitable consumer expenditure and its weak law enforcement
which facilitates illegal operations abounds in organized criminal business. In Japan, there
are more than 5000 gang groups with A membership exceeding 1,80,000(The total national
police force is 1,40,000) . Many follow Ninkyodo and Jingi (Humanity).
4. Network of Criminal Activities:
There is a network of criminal activities in organized crime. Each specializes in a
particular trade. Top men stay behind the scene of operations. The organized society is not
allowed to reach the leaders of organization. Affiliation with a political machine can protect
organized crime from society. Gangsterism is a typical phenomenon of organized crime. Use
of the explosives, bombs, machine guns and other devices of violence are typical
characteristics of gangsterism. Mafia was a secret terrorist organization that implemented its
orders with threat and murder.
5. Secrecy:
Absolute secrecy is observed by the members. Instructions as to a specific job only
are given to each member, e.g. Smuggling, Decoity, Prostitution, Gambling, Narcotics, killer
Cosm Impact Factor : 4.023 [Link] Page 31
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

groups etc. A breach of secrecy is ruthlessly penalized.

Forms of Organized Crime:
Walter Reckless has given the following forms of organized Crime:
1. Crime Syndicates:
Criminal syndicate refers to a gang of criminals engaged in the business of providing
some forbidden or illegal service to the customers desirous of having these services and
willing to pay handsomely for the same.
The main cause of operation of such syndicate is the illegitimate public demand
which cannot otherwise be legally met due to legal prohibitions. The main consideration
Involved in the Organized criminal Syndicate is the possibility of enormous profits involved
in the fulfillment of illegitimate demands.
The immunity enjoyed by the crime syndicate may be due to what is known as "fix"
i.e. Periodical sum of money given as bribe to the authorities. (Hapta)
2. Political Graft:
Generally it is believed that powerful, political groups are connected with political
grafts. A political graft means use of criminals by the politicians for political gains. The
criminals resort to all kinds oflegal or illegal methods to bring success to their boss in the
election. These higher professional offenders do not hesitate to resort to violence and force or
vote buying booth capturing.
3. Criminal Rackets:
Racketeering the criminal world is the practice of systematic extortion under some
kind of threat usually of personal injury or property.
Donald Taft defines Racketeering as "an Organized Crime in which the criminal
element perform a service to such members of the society who are normally engaged in some
business activity”. In Racketeering, there may be a combination of legal end illegal activity
while in syndicates, the service is altogether illegal. In modern times, many business
organizations as well as labour unions depend upon criminal rackets for improving their
bargaining capacity. 'There may be gambling rackets, boot leggers rackets or drug -
traffickers’ rackets or rackets selling bogus degrees, etc.
IN THE SECOND CHAPTER – We havegiven an account of the incidence of organized crime in
developed societies including Urban Areas in India like the Metropolitan Cities like Mumbai . A
glaring example of this is the BOMB BLAST CASE of 1992-1993.
BOMBAYCITY - was rocked by a series of bomb blasts on 12th March 1993 which left 257
persons dead, 713 injured and property worth about 27.0 Crores destroyed. The targets of bomb blast
were important Government and semi Government buildings such as Stock Exchange building, Air

Cosm Impact Factor : 4.023 [Link] Page 32

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

India building, Sahara International Airport, 5 -Star Hotels such as Hotel Sea Rock at Bandra, Hotel
Centaur at Juhu, Hotel Centaur at Santacruz and busy commercial area such as Zaveri Bazar, Katha
Bazar and Centuary Bazar at Worli. There was also few more establishments including Petrol pump
near Shiv Sena Bhavan at Shivaji Perk And PIaza Theatre. The persons involved in the said act of
violence had resorted to incite communal violence by lobbing hand Grenades At a Hindu co1ony at
Dadar which instantaneously resulted into a riot in which several motor vehicles, shops and houses
were ransacked.
The investigation of the above matter was entrusted to dictation of Crime Branch Bombay
City Police. The following table discloses the timings of each bomb explosion, number of persons
died & injured & value of property destroyed.
NO OF
SR. TIME IN PERSONS PROPERTY
PLACE [Link] DEAD
NO Hrs INJURED DAMAGED
PERSONS
Bombay Stock M.R.A Marg
1 13.30 84 217 5 crores
Exchange CR.NO129/93
Pydhonie
2 Kath Bazar 14.15 04 21 40,00,000
195/93
3 Sena Bhavan Dadar 186/93 14.30 04 50 21,20,600
4 Century Bazar Dadar 187/93 14.45 113 227 2.5 crores
Mahim
5 Mahim Causeway 14.45 03 06 50,000
185/93
Cuffe Parade
6 Air India 15.00 20 87 2 crores
126/93
L.T. Marg
7 Zavery Bazar 15.05 17 57 2 crores
123/93
Bandra
8 HotelSea Rock 15.10 - - 9 crores
148/93
Mahim P
9 Plaza Theater 15.13 10 37 85,98,755
184/93
Juhu Centaur Santacruze
10 15.20 - 03 2.1 crores
Hotel 155/93
11 Air Port Bay-54 Sahara 200/93 15.30 - - -
Airport Centaur
12 Air port 19/93 15.40 02 08 2 crores
Hotel

Cosm Impact Factor : 4.023 [Link] Page 33

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

Naigaum X Road Matunga 9.30

13 - - -
(unexploded ) 251/93 (14/03/93)
Dhanji Street L.T. Marg 8.55
14 - - -
(unexploded ) 124/93 (15/03/93)
257 713 26,07,69,355

The sequential character of explosions and the types of target indicate a carefully Planned
attack calculated terrorizes the public ingenera1 and overawe the Government in the State as well as
at the Centre and also to adversely affect the harmony between Hindus and Muslims.
In CHAPTER III we have dealt with the aspects of Insurgency operations, in areas like the
North East and Kashmir he armed forces have been bearing the main brunt of counter insurgency
operations. While the heroes of Haji Pir and KARGIL have received due acclaim - from a generous
public, the brave soldiers engaged in nerve –racking counter-insurgency operations are being
slapped with allegations of violating human rights. This unseen battle has been going on since1947
onwards and has claimed more casualties than 1947-48 war. Along with this lack of recognition,
criticism has been voiced by well meaning advocates of human rights. It is an important to put
insurgency down, as it is to uphold the dignity and rights of innocent citizens.
During the Kargil Conflict it suited most of the politicians to rush to military hospitals or
base camps and show sympathy and encouragement to the troops. A Hawalkar in the
SrinagarMilitaryHospital is reported to have commented "What has happened to these leaders to-
day? wehave been dying for last ten years". Those explains the feelings of the unsung and
unrecognized heroes, who are everyday laying down their lives to protect the innocent from harsh
and cruel violence . At the top of this lack of recognition has come the threat of prosecution and
punishment of human rights.
In the same chapter we referred to some International Conventions and conventions framed
to protect human rights. The provisions broadly known as GENEVA CONVENTIONS which are as
follows:
1. Persons taking no active part in the hostilities, including members of armed force who have
laid down their arms and those placed hors de combat by sickness wounds, detention or any
other cause, shall in all circumstances be treated humanely, without any adverse distinction
founded on race, color, religion, or faith sex, birth or wealth or any other similar criteria. To
this end, certain acts are prohibited in relation to such people"at any time and at any place
whatsoever"
These acts are:
a) violence to life & persons ,in particular murder of all kinds mutilation , cruel treatments &
torture;
Cosm Impact Factor : 4.023 [Link] Page 34
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

b) taking of hostages;
c) outrages upon personal dignity, in particular humiliating and degrading treatment;
d) The passing of sentences and the carrying out of executions without previous judgment
pronounced by a regularly constituted court affording all the judicial guarantees which are
recognized as indispensable by civilized peoples.
Article 3 also provides that " the wounded and sick should be collected and cared for". These
provisions have been described as a "GENEVA CONVENTION” in miniature and their purpose,
essentially, is "to reduce the broad, essential humanitarian principles embodied in the rest of each)
Convention within the framework of one Article The appearance in an international Convent ion of
provisions binding not only states, but entities other than was a complete innovation. It should be
noticed, in particular that Article 3 was intentionally so drafted that its application in no way
depends upon the recognition of the other Party to the conflict as a belligerent, either by outside
states or by the legitimate government. This is emphasized by the last paragraph of Article 3, which
states that "the application of the preceding provisions shall not affect the legal status of the parties
to the conflict".
In the five years period 1990-94, there were about 2130 incidents of international terrorism
in the world at an average of about 425 per year; the unfortunate and alarming aspect is a trend of
hitting soft targets like public buildings, buses etc. which per force is indiscriminate. Four very high
profile attacks took place in the recent pass viz .the Bombay bomb blast in 1992-93, the World Trade
Bombing in Manhattan, Newyork, the use of deadly nerve gas (sarin) at various points in Tokyo
City's subway system, and the bombing of the Alfred P, Murrah Federal Building in Oklahoma City.
IN CHAPTER IV We have discussed terrorism connected with criminal Gangs in modern
Societies:
Organized crime is a fascinating subject not only in criminology but also in fiction &
literature. Hundreds of movies have been made and thousands of books written on a organized
crime perhaps the worst form of criminality. The leaders of organized crime syndicates such as A1
Capone. Dawood Ibrahim, Joseph Barbara, Joseph Valachi were household names during their
times. Similarly, some of the most dreaded organizations in the world are crime syndicates such as
Italian and Sicilian Mafia, the Carmorra of Neples, the Vivovskoi Mir(thieves' World) of Soviet
Russia, the Japanese Yakuza (gangsters) the Chinese Tongs operating in the United States. Apart
from the above mentioned syndicates there are the Mexican, Korean and Israeli Mafia operating
in their respective countries and at times internationally.
There may be no uniform agreement as to what is meant by organized crime but the
commonly accepted view of it brings forth the following characteristics:
 Laree, nationwide criminal organization.
 Plurality of participants
Cosm Impact Factor : 4.023 [Link] Page 35
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

 Organized crime is the 'business' of crime.

 Permanent (long-term= nature of organization and existence)
 Moral commitment of group members.
 Normally, proliferation in various criminal activities. In other words, diversity in the
business.
TYPES OF ORGANIZED CRIME
Although organized crime syndicates tend to have their hands in everything and fingers in
every pie they tend to involve themselves mainly in following nine types of crimes:
i) Illegal gambling.
ii) Racketeering and extortion including labour racketeering;
iii) Illegal drugs
iv) Loan-sharking or usury.
v) Prostitution end pornography
vi) Cargo theft and' cargo hijacking
vii) Bottling
viii) Counterfeiting of currency, securities, cheques, prestige brands of clothing, music tapes and
records and books.
ix) Buying and selling stolen goods (Fencing)

ORGANIZATION OF SYNDICATED CRIME:

Whilst there will be individual nuances to the structure and organization of various crime
syndicates there are a few features that seem to be found in most of them. We delineate below the
structure and contents of organized crime.
 An organization according to hierarchy of positions.
 A single supreme commander or leader
 The main organization is a nation-wide cartel but with local syndicates.
 Employment of specialists such as: Hit-men, body guards, drivers, fences, corrupters, forge
etc.
 Clear demarcation of geographic areas (called turfs) of operation.
 The organized criminals are bound together by a code that is characterized by ; secrecy,
- Intense loyalty to syndicate and leader. -
Honesty in relationships with members.
The Criminal Organizations often use terrorism as means to a drive there ends Various forms
of terrorism along with multiple acts of violence have been witnessed in the recent past in India and
elsewhere not only in ethimic fights and communal riots but also in gang-related conflicts. Terrorism
is if a from assassination and guarilla warfare. The target of assassination is generally an individual.
Cosm Impact Factor : 4.023 [Link] Page 36
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

It is an occassional, passing act whereas

Terrorism is a process aimed at systems. From the terrorists view point the guilt or innocence of
individuals in group which is target of attack is irrelevant. Terrorism invariably involves violence.
We have a special legislation now to deal with terrorists i. e. POTA (PHEVENTION OF
'I'ERRORISM ACT) which has substituted TADA. However, the Supreme Court has observed that
normally ordinary Penal law should
be applied and only in rare cases the Special Law should be made applicable.
It has been held by the Supreme Court in [USMANBHAI DAWOODBHAI MENON V/s.
STATE OF GUJRAT] that “The Act is an extreme measure to be resorted to when the Police cannot
tackle the situation under the ordinary penal [Link] intention is to provide special machinery to
combat the growing menace of terrorism in different parts of the country. Since, however, the Act is
a drastic measure, it should not ordinarily be resorted to unless the government's law enforcing
machinery fails".
In another case in [State of Maharashtra V/sAnand Chintaman Dighe] the Supreme Court has
held that when bail is granted for offences under TADA 1987 on the ground that the accused as a
leader of a big political party inspite of statements inciting violence and repeated treats of murder,
the bail is liable to be cancelled.([Link] No.669 of 1982 ) decided on 16/1/1990.
IN CHAITER V We have presented a summary of the conclusions and suggestions arising out of our
Research Study:
Beginning in 1966, the number of international terrorist incidents increased sharply. Between
1968 and 1970 they doubled, and they doubled again between 1970 and 1980,
Reaching an annual total of 800. There were more than 6,700 incidents between 1968 And 1970,
with slightly more than half of them occurring in Western Europe. although only 10% of the more
number took place in North America, citizens of the United states and Canada have accounted for
almost 40%of the victims in such attacks. Terrorist attacks have also been growing more speedily,
and the political complexion of terrorist groups has become more varied. International Terrorists
incidents which caused casualties increased between"1968 and 1980 at a rate that was substantially
greater than that of overall incidence of attacks. During this period, 3,668 persons were killed and
2474 wounded. Asharp increasing casualties caused in right wing terrorist activities in Western
Europe was a major factor in the increase of casualties recorded in 1980.(Central Intelligence
Agency). By the middle of 1970, speculation 'had began over the possibility
Those terrorists might be able to use nuclear and other weapons of mass destruction.
Although Terrorism has become widely recognized part of Contemporary life, semantic and
political difficulties have arisen in attempting to distinguish between terrorism and other forms of
political violence. Contemporary terrorism is a media event, and the media tend to use the term
indiscriminately. Moreover, once a group has been labeled into "Terrorist" every violent or illegal
Cosm Impact Factor : 4.023 [Link] Page 37
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

act that is subsequently commits is usually called a terrorist one, even if the activities does not fit
into the category of terrorism.
In this Chapter we have also focused the attention on the recent incidents of International
Terrorism which have rocked the conscience of the World Community following the shocking
terrorist acts of unprecedented violence caused to the prestigious 'WORLD TRADE CENTRE' on
11th September, 2001 in the U.S.A. causing unforeseen loss of lives and property.
This has led USA and other democratic forces to root out terrorism from the regimes of the
member States of the UNO And also from other parts of ' the world. However, the main source of
this terrorism OSAMABIN LADEN has not been nabbed by USA inspite of their giant efforts and
powerful military strength.
This incident has turned the wheels of the political scenario in the international horizon.
This has been covered in our Research Project and a humble endeavor is made also to high
light other incidents of terrorism, both internal and national. However, the scope of the subject is
unlimited naturally we could not be exhaustive.
Regarding legal Control of Organized Crime we have broadly suggested the following
measures:
1. Group Ideals:
Training in group ideals can go a long way in preventing Organized crime. [Link] has
heavily relied upon this remedy as a very effective remedy.
2. Rehabilitation:
Rehabilitation of criminals, dacoits and drug addicts may restrict the evid of criminal
organization. NORMALLY, it is the criminals coming out of jails who join criminal
organization. If they are properly rehabilitated this danger can be averted.
3. Awareness
An awareness must be brought to the general members of the public with regard to the
Dangers of organized crime. Unless the campaign against organized crime becomes a mass
movement, it cannot be effectively tackled. Without public co-operation and asakening of
the masses, Organized crime cannot be uprooted.
4. Capital Punishment: a many people are of the view that Capital Punishment must be awarded
to the ruthless criminals, who may be members of criminal organizations. It is felt that capital
punishment alone can be an effective deterrent against this type of crime.
5. Preventive detention
The preventive detention can also play a very effective role in prevention of Organized
crime. [Link] recent TADA Law and Now POTA.

Cosm Impact Factor : 4.023 [Link] Page 38

 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

SELECT BIBLIOGRAPHY
BOOKS
 Ahuja, Ram, Social Problems in India, Rawat Publications, New Delhi, 1999
 Alexander, Yonah, Combating Terrorism: Strategies of Ten Countries, Manas Publications,
New Delhi, 2003
 Alexander, Yonah and Edgar H. Brenner eds., Terrorism and the Law, Transnational
Publishers Inc., 2001
 Alexander, Yonah and Seymour Maxwell Finger, eds., Terrorism: Interdisciplinary
Perspectives, John Jay Press, New York and McGrawHill Book Co. (UK) Ltd., 1977
 Anzovin, Steven, ed., Terrorism: The Reference Shelf, Vol. 58, No. 3, H.W. Wilson
Company, New York, 1986
 Shah, Dr. Giriraj, IPS (Retd.), ed., Encyclopaedia of InternationalTerrorism, Vol. 1, Anmol
Publishers Pvt. Ltd., New Delhi, 2002
 Singh, Dr. Surat and Hemraj Singh, Law Relating to Prevention ofTerrorism, Universal Law
Publishing Co. Pvt. Ltd., 2003
 Singh, Khushwant, A History of the Sikhs, (Vol. 2, 1839-1988), NewDelhi, Oxford
University Press, 1989
 Singh, Mahavir, ed., International Terrorism and Religious Extremism:
 Arendt, Hannah, The Origins of Totalirianism, New paperback ed., 1973
 Bajpai, Kanti, Roots of Terrorism, Penguin Books, New Delhi, 2002
 Beres, Louis Rene', Terrorism and Global Security: The Nuclear Threat, Westview Press,
USA, 1987
 Bhatnagar, Ved, Challenges to India’s Integrity: Terrorism, Casteism, Communalism, Rawat
Publications, Jaipur and New Delhi, 1998
 Booth, Ken and Tim Dunne, eds., Worlds in Collision Terror and the Future of Global Order,
Palgrave Macmillan, New York, 2002
 Brar, Lt. Gen. K.S., Operation Blue Star: The True Story, UBS Publishers’ Pvt. Ltd., New
Delhi, 2003
 Burton, Anthony M., Urban Terrorism: Theory, Practice and Response, Leo Cooper, London,
1975
 Chailand, Gerard, Report from Afghanistan, Translated by Tamar Jacoby, The Viking Press,
New York, Penguin Books, 1982
 Charters, David A., ed., The Deadly Sin of Terrorism: Its Effect on Democracy and Civil
Liberty in Six Countries, Greenwood Press, London, 1994
 Challenges to Central and South Asia, Anamika Publishers and
 Distributors, New Delhi, 2004
Cosm Impact Factor : 4.023 [Link] Page 39
 Peer Reviewed Refereed Journal ISSN : 2278 – 5639
Global Online Electronic International Interdisciplinary Research Journal (GOEIIRJ)
{Bi-Monthly} Volume – IX Issue – I January – February 2020

 Singh, Naunihal, World Terrorism and New Age Movement, Authors

 Press, 2002

Webliography
 [Link]
 [Link]
 [Link] [Link]
 http//[Link]/journals/itgic/0297/ijge/[Link]
 http:/[Link]/opinion/[Link] 318
 [Link]
 [Link] 11/changing faces [Link]
 http//[Link]/friendlyversion/[Link]?document ID=1502
 [Link] [Link]
 http//[Link]/historyonline/[Link]
 [Link]
 [Link]
 [Link]
 [Link] 0/m1181/2001
 [Link] 0/m0FQP/n4295 v125

Cosm Impact Factor : 4.023 [Link] Page 40

8

IIFS IMPACT FACTOR

CERTIFICATE OF ACKNOWLEDGEMENT
This is certified that our evaluator evaluated the Journal E/P-ISSN 2278-5639 “Global Online
Electronic International Interdisciplinary Research Journal” and the journal got the Impact
Factor 5.375 and the process adopted for the evaluation of the journal is blind.

This Impact Factor/Evaluation is Valid up to 29/3/2023 .

Team IIFS
Visit Us: INDIA
[Link]