 Terrorism and Human Rights,

 Human right of minorities

 Human Rights of Disabled,
 International Humanitarian Law and
Four Geneva Conventions of 1949
relating to :
 Amelioration of the conditions of
Wounded and Sick in Armed Forces.
Ii. Amelioration of the conditions of
Wounded, Sick and Shipwrecked
members of Armed Forces at Sea.
Iil. Treatment of Prisoners of War.
iV. Protection of Civilian Persons
during War
 1. TERRORISM AND HUMAN
RIGHT
INTRODUCTION
 Terrorism and human rights cannot co-
exist they are mutually destruct each
other.
 Where there is terrorism there is not
human rights, where there are no
human rights, there can be no respect
for human dignity, life and democratic
values.
 The most important issue, which is a
challenge to human rights, is terrorism.
Meaning and Definition of Terrorism
 The term terrorism has derived from
Latin word ‘terrere’ which means great
fear.
 The term terrorism is very difficult to
define; one man’s terrorism can be
another man’s freedom struggle.
 It is estimated that between 1936 and
1985 at least 115 different definitions
have been given to the world.
"Terrorism".
DEFINITION
According to the FBI:
“Terrorism is the
1) unlawful use of force or
2) violence

1) against persons or
2) property

3) to intimidate or
4) coerce a
 government,
 the civilian population, or
 any segment thereof,

in furtherance of political or social
objectives.”
The UN panel describes
Terrorism as
“intended to cause death or
serious body harm
|
1) to civilians or
2) non-combatants”.

UN CONVENTIONS ON TERRORISM
 1. Protection of Diplomats
Convention
 The Protection of Diplomats
Convention (formally, the Convention
on the Prevention and Punishment of
Crimes Against Internationally
Protected Persons, Including
Diplomatic Agents)
 It is a United Nations anti-terrorism
treaty that codifies some of the
traditional principles on the necessity
of protecting diplomats.
 The convention was adopted as a
resolution of the United Nations
General Assembly on 14 December
1973
in response to a series of
kidnappings and murders of diplomatic
agents, beginning in the 1960s.
2. The Hostages Convention
 The Hostages Convention (formally
the International Convention against
the Taking of Hostages) is a United
Nations treaty by which states agree
to prohibit and punish hostage taking.
 The treaty includes definitions of
"hostage" and "hostage taking" .
 It sets out the principle of aut
dedere aut judicare: a party to the
treaty must prosecute a hostage
taker
 if no other state requests
extradition for prosecution of the same
crime
 3. The Terrorist Bombings
Convention
 The Terrorist Bombings Convention
(formally the International
Convention for the Suppression of
Terrorist Bombings) is a 1997
United Nations treaty designed to
criminalize terrorist bombings.
 The convention describes terrorist
bombings as the
 unlawful and
 intentional

use of explosives in public places with
 intention to kill,
 to injure, or
 to cause extensive destruction
to compel a government or an
international organization

 to do or
 to abstain from doing some act.

 The convention also seeks to

promote police and judicial co-
operation to prevent, investigate and
punish those acts.

4. The Terrorist Financing

Convention
 The Terrorist Financing Convention
(formally, the International
Convention for the Suppression of
the Financing of Terrorism) is a 1999
United Nations treaty designed to
 criminalize acts of financing acts of
terrorism.
 The convention also seeks to
promote police and judicial co-
operation to prevent, investigate and
punish the financing of such acts.

5. The Nuclear Terrorism

Convention
 The Nuclear Terrorism Convention
(formally, the International
Convention for the Suppression of
Acts of Nuclear Terrorism) is a 2005
United Nations treaty designed to
criminalize acts of nuclear terrorism .
 If a person unlawfully and
intentionally possesses radioactive
material or makes or possesses a
 device with the intention to cause
death or serious bodily injury or with
intention to cause substantial
damage to property or the
environment.

PROVISION OF TERRORISM IN INDIA
 The Reason of terrorism in india
may vary vastly from religious to
geographical to caste to history.
 Anti terrorism laws in india has
always been of subject of much
controversy .
 One of the argument is that this law
abridges the fundamental rights of
citizens guaranteed by Part III of
Indian constitution.
 The intention was to enact these
statutes and bring them in force till
the situation improves.
 The intention was not to enact
these drastic measures as a
permanent feature of law of land.
 Earlier existing Anti-Terrorism Laws
in india:-
 Terrorist Affected Area (Special
Courts) Act 1984
 National Security Act 1980
 The Terrorist and Disruptive
Activities Act, (TADA) 1985
 The Prevention of Terrorism Act,
2002 (POTA)
Terrorist Affected Area (Special
Courts) Act 1984–
 The main purpose of the enactment
of this Act was to set up special
courts that dealt exclusively with the
cases of terrorism.
 The constitutional validity of this
Act was challenged in Amarinder
Singh v. Union of India, on the
grounds that such special courts did
not provide enough safeguards to the
accused.
 However, the Supreme Court of
India rejected the petition and
suggested certain safeguards to
protect the accused from any form of
abuse.
National Security Act 1980–
 It replaced the National Security
Ordinance of 1980.
 It is said to be the first specific law
that ever dealt with terrorism.
 This particular enactment is said to
have been succeeded by the
Maintenance of Internal Security Act,
which unfortunately got discredited
during an emergency.

The Terrorist and Disruptive Activities

Act, (TADA) 1985–
 It is the first known enactment that
focused directly on terrorism and
ways to combat the same.
 The Act was implemented optimally
against the Khalistan movement and
Bombay blasts case.
 The Act not only ensured punishing
the actual perpetrator, but it also
criminalized the concealment and
harboring of terrorists.
 After receiving lots of criticism from
national and international human
rights organizations, the Act was
repealed in the year 1995.
The Prevention of Terrorism Act,
2002 (POTA)–
 When TADA was repealed, this is an
Act that is known to have replaced it.
 Supreme Court had given various
suggestions in Kartar Singh’s case and
most of them were included in POTA.
 By this time there were various
organizations that were declared as a
terrorist organization.
 POTA was enacted to deal with such
organizations.
 It had various provisions that
provided for ways to deal with
‘terrorist organization.’
 Owing to various criticism and
misuse of the provisions by the
authorities, POTA was repealed in the
year 2004.
Currently applicable Anti-Terrorism
Laws in India.
At present, there is no such specific
law that exclusively deals with the
menace caused by terrorism in the
country.
 However, there are provisions of the
IPC, Arms Act, Explosives Act, and
various other legislative enactments
that deal with the terrorist act in the
country.

Indian Penal Code 1860

IPC has various chapters that deal
with actions that harm peace and
harmony in the country.
These can be said to be a substitute
in the absence of any comprehensive
and exclusive laws that deal with
terrorism.
 Chapter IV of the IPC deals with
offenses that are done against the
State.
 The Sections that can be invoked
when any act is done against the
peace and tranquility of the State are
Section 121, 121A, 122, 123, 124, and
124A.

 Public tranquility is given equal

importance and it is dealt with in
detail in Chapter VIII.
It includes riots, internal
disturbances, and another unlawful
assembly.
Sections that can be invoked are 153,
153A, 153B, 157, and 158.

 Chapter XV of the IPC deals with all

the unlawful actions that happen in
 the name of religion or any specific
ideology.
Section 296, 295A, and 298 can be
invoked.
National Investigation Agency
The NIA was born on 31-12-2008.
It functions as the Central Terrorism
Law Encounter Agency.
Its main function is to investigate and
prosecute offenses affecting the
sovereignty, security, and integrity of
the country.
Unlawful Activities Prevention Act,
1967/Unlawful Activities Prevention
(Amendment) Act, 2008
 The original Act was used to charge
offenders in addition to the
substantive criminal law.
 The amendment inserted Section
43A to 43F.
 These gave tremendous powers to
the investigating officers.
 The Anti-terror bill was passed in
the Rajya Sabha in 2019.
 The Bill seeks to amend the UAPA
1967.
 The major shift is that now it allows
the government to label an individual
as a terrorist if they are contributing
to any of the terrorist activities.
Conclusion
 The guarantee of human rights and
protection from terrorism cannot be
over-emphasized
 The fundamental human rights
principles that are most commonly
 engaged in the fight against
terrorism.
 The international human rights
framework is therefore applicable in
dealing with the terrorist threat, from
addressing its causes, to dealing with
its perpetrators, to protecting its
victims, to limiting its consequences.
 States have an obligation to provide
protection against terrorism

2. HUMAN RIGHTS OF
MINORITIES
Who are minorities under
international law?
 The United Nations Minorities
Declaration in its article 1 refers to
Minorities as based on
  national or ethnic,
 cultural,
 religious and
 linguistic identity, and
provides that States should protect
their existence.
 There is no internationally agreed
definition as to which groups
constitute minorities.
 It is often stressed that the
existence of a minority is a question
of fact and that any definition must
include both
objective factors
(such as the existence of a shared
ethnicity, language or religion) and
subjective factors
 (including that individuals must
identify themselves as members of
a minority).

RIGHTS OF MINORITIES IN
INTERNATIONAL LAW:
UNITED NATIONS MINORITIES
DECLARATION
 In 1992 the General Assembly
adopted the United Nations
Minorities Declaration.
 It is considered to be the main
document concerning minority rights.
 This declaration requires states to
protect the existence and identities of
minorities.
 It also calls upon states to
encourage the promotion of national
 or ethnic, cultural, religious, and
linguistic identities of minority
groups.
Article 1 of the United Nations
Minorities Declaration refers to
minorities as based on national ethnic,
religious, and linguistic identity.
Article 2(1) of this document states
that minorities shall have the right to
practice their religion, enjoy their
culture and use their own language in
both public and private settings
without any kind of defamation.
This is very important in an inclusive
society.
Article 3 of this document guarantees
that persons belonging to minorities
have the right to exercise their rights
individually and without discrimination.
This article ensures the legal protection
of minority rights.
Article 4 talks about the responsibility
of a State regarding matters relating to
minority rights.
Article 5 explains the various programs
and policies related to minority rights
protection.

 Then came the International

Covenant on Civil and Political Rights.
This Article 27 protects the
minorities’ rights to their national,
ethnic, religious, or linguistic identity
and to preserve the characteristics
which they wish to maintain and
develop.
Rights of Minorities in Indian
Constitution:
 The Indian Constitution ensures
“justice, social, economic and
political” to all citizens.
 The Indian Constitution has adopted
measures for the protection of the
rights of the religious and ethnic
minorities and of the socially and
economically disadvantaged classes
such as the scheduled castes and
scheduled tribes.
 The Indian constitution enshrines
various provisions for the protection
of the rights and interest of the
minorities:
 Firstly, India declares herself a
secular state. No particular religion or
the religion of the overwhelming
majority, has been made the religion
of the state.
 Secondly, Article 29 give the
religious and linguistic minorities right
to establish and manage educational
institutions of their own. The
minorities have been given the
unrestricted rights to promote and
preserve their own culture.
 Indeed, India is a country of diverse
cultural groups and She is keen to
preserve her cultural diversity. Thus
for example, even though, Hindi is
made the official language of India,
 primary education everywhere is
given in the mother tongue.
 It may be noted that there are over
20 official languages in India.

 Thirdly, Article 29 expressly forbids

discrimination on grounds of race,
religion, caste, language, in admission
to educational institutions run by the
state or receiving aids from the state.
 This means that the doors of all
educational institutions run by
government or receiving funds from
the state are open to all groups of
Indians.
 Linguistic, religious or ethnic minority
students cannot be denied admission
to such educational institutions.
 Article 30 is vital to the protection
and preservation of rights of the
minorities.
 The minorities have been given the
right to establish and administer
educational institutions of their
choice.

 The state also cannot discriminate

against educational institutions
established and managed by the
minorities in matters of granting
aids.
  Such educational institutions
however must receive state
recognition.
 The state educational authorities
have the right to regulate such
educational institutions because the
“right to manage does not include
the right to mismanage.”
 Article 16 guarantees that in
matters of public employment, no
discrimination shall be made on
grounds of race, religion, caste or
language etc.
 This means that in matters of public
employment, all Indians are placed
on a footing of equality.
 Every citizen of India will get equal
employment opportunity in
government offices.
 Finally, Article 25 of the Indian
constitution guarantees freedom of
religion to every individual.
 This article of the Indian
constitution ensures that the
members of the religious minority
community have the unhindered
right to follow their own religion.
 HUMAN RIGHTS OF DISABLED
PERSON
 A disability is often described in
terms of lack of normal functioning of
physical, mental or psychological
processes.
 It is also defined as learning
difficulties or difficulties in adjusting
socially, which interferes with a
person’s normal growth and
development.

HUMAN RIGHTS OF DISABLED

PERSON IN INTERNATIONAL LAW
Over time, a number of international
standards and steps were established
internationally in order to protect the
rights of the disabled. Here’s a quick
list of some of these:
• The Universal Declaration on
Human Rights, (1948);
• The International Convention on
Civil and Political Rights, 1966;
• The International Covenant on
Economic, Social and Cultural Rights,
1966;
• The UN Declaration on the Rights of
Mentally Retarded Persons;
• The UN Declaration on the Rights of
Disabled Persons;
• Decade of Disabled Persons, 1983-
92;
• Asia Pacific Decade of Disabled
Persons, 1993-2002, and
.
 The Universal Declaration on Human
Rights (UDHR) and the International
Covenant on Economic, Social and
Cultural Rights (ICESCR) spoke about
frameworks to prevent discrimination
against human beings on a number of
grounds, disability was not one of
them.
Thus, there was a need for specific
instruments dealing with disability.

Laws relating to the rights of

disabled people in India
1. The Rehabilitation Council of India
Act, 1992
This established the Rehabilitation
Council of India, a body that
standardises and improves the
 quality of rehabilitation services
available to people with disabilities.
2. The Mental Health Act, 1987
This Act amended and improved old
laws relating to the care and
treatment of people who suffered
from a mental illness.
From the human rights perspective,
this Act clearly provides that people
with a mental illness should not be
subjected to physical or mental
indignity or cruelty and that they
should not be used for research
without informed consent from
competent persons.
In India, the Persons with Disabilities
Act, 1995, contains many provisions
relating to employment. Some of the
major provisions are listed here:
• Governments will identify positions
in establishments that can be
reserved for people with disabilities
and update the list at least every
three years, keeping in mind
increased opportunities as
technology allows greater access to
people with disabilities into more
areas of work;
• Job vacancies suitable for people
with disabilities must be notified
through Special Employment
Exchanges;
• Government and government-aided
educational institutions will reserve
at least 3 per cent seats for people
with disabilities;
• At least 3 per cent of the
beneficiaries in poverty alleviation
schemes will be people with
disabilities;
• Providing for training;
• Relaxing the age limit;
• Promoting accessible environments;
• Undertaking health and safety
measures, and
• Providing incentives to private and
government employees to raise
their induction of employees
1. Geneva Conventions and
the International
Humanitarian Law

INTRODUCTION
 The Geneva Conventions and their
additional protocols are the core of the
International humanitarian law and
also the body of international law that
regulates the conduct of armed
conflict and seeks to limit its effect.
 They specifically protect people
who are not taking part in the
hostilities like civilians, health workers,
aid workers and those who are no
longer participants in the hostilities
like wounded and sick soldiers and
prisoners of war.
1. Geneva Convention I: Convention
for the Amelioration of the
Condition of the Wounded and Sick
in Armed Forces (August 12, 1949)

 The Convention protects soldiers

who are hors de combat (out of the
battle).
 The 10 articles of the original 1864
version of the Convention have been
expanded in the First Geneva
Convention of 1949 to 64 articles that
protect:
Wounded and sick soldiers;
Medical personnel, facilities and
equipment;
Wounded and sick civilian support
personnel accompanying the armed
forces;
Military chaplains; and
Civilians who spontaneously take up arms
to repel an invasion.
Specific Provisions
Article 9:
 This Convention, like the others,
recognizes the right of the ICRC to
assist the wounded and sick.
 Red Cross and Red Crescent
national societies, other authorized
impartial relief organizations and
 neutral governments may also provide
humanitarian service.
 Local civilians may be asked to care
for the wounded and sick.

Article 12
 The wounded and sick shall be
respected and protected without
discrimination on the basis of sex,
race, nationality, religion, political
beliefs or other criteria.
 The wounded and sick shall not be
murdered, exterminated or subjected
to torture or biological experiments.

Article 15
The wounded and sick shall receive
adequate care.
The wounded and sick shall be protected
against pillage and ill- treatment.

Geneva Convention II: Convention for

the Amelioration of the Condition of
Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea
(August 12, 1949)

The Convention adapts the protections

of the First Geneva Convention to
reflect conditions at sea.
 It protects wounded and sick
combatants while on board ships or at
sea.
Its 63 articles apply to:
 Armed forces members who are
wounded, sick, or shipwrecked;
 Hospital ships and medical personnel;
and
 Civilians who accompany the armed
forces.

Specific Provisions
Arts. 12, 18:
 This Convention mandates that parties
in battle take all possible measures to
search for, collect and care for the
wounded, sick and shipwrecked.
 (Shipwrecked refers to anyone who is
adrift for any reason, including those
 forced to land at sea or to parachute
from damaged aircraft.)

Article 14:
While a warship cannot capture a
hospital ship’s medical staff, it can hold
the wounded, sick and shipwrecked as
prisoners of war, providing they can be
safely moved and that the warship has
the facilities to care for them.

Article 21:
 Appeals can be made to neutral
vessels, including merchant ships and
yachts, to help collect and care for the
wounded, sick and shipwrecked.
 Those who agree to help cannot be
captured as long as they remain neutral.
 Article 22:
 Hospital ships cannot be used for
any military purpose.
 They cannot be attacked or
captured.
 The names and descriptions of
hospital ships must be conveyed to all
parties in the conflict.

Article 36-37:
 Religious, medical and hospital
personnel serving on combat ships must
be respected and protected.
 If captured, they are to be sent back to
their side as soon as possible
 Geneva Convention III: Convention
Relative to the Treatment of Prisoners
of War (August 12, 1949)
 The Convention sets out specific rules
for the treatment of prisoners of war
(POWs).
 The Convention’s 143 articles require
that POWs be treated humanely,
adequately housed and receive
sufficient food, clothing and medical
care.
 Its provisions also establish guidelines
on labor, discipline, recreation and
criminal trial.

 Prisoners of war may include:

 Members of the armed forces;

 Volunteer militia, including
resistance movements; and
  Civilians accompanying the
armed forces.

Specific Provisions
Article 13-14, 16:
Prisoners of war must not be
subjected to torture or medical
experimentation and must be
protected against acts of violence,
insults and public curiosity.

Article 13, 16:

 Captors must not engage in any
reprisals or discriminate on the basis of
race, nationality, religious beliefs,
political opinions or other criteria.
Article 14, 25:
 Female POWs must be treated with
regard due to their sex.
Article 17:
 POWs are required to provide to their
captors only their name, rank, date of
birth and military service number.
Article 22-29, 50, 54:
 POWs must be housed in clean,
adequate shelter, and receive the food,
clothing and medical care necessary to
maintain good health.
 They must not be held in combat areas
where they are exposed to fire, nor can
they be used to shield areas from
military operations.
 They may be required to do non-
military jobs under reasonable working
conditions when paid at a fair rate.

Article 70-72, 123:

 Names of prisoners of war must be
sent immediately to the Central Tracing
Agency of the ICRC.
 POWs are to be allowed to correspond
with their families and receive relief
packages.

Article 82, 84:

 Prisoners are subject to the laws of
their captors and can be tried by their
captors’ courts.
 The captor shall ensure fairness,
impartiality and a competent advocate
for the prisoner.

Article 109, 110:

Seriously ill POWs must be repatriated
(returned home).
 Article 118:
When the conflict ends, all POWs shall
be released and, if they request, be
sent home without delay.

Article 125:
The ICRC is granted special rights to
carry out humanitarian activities on
behalf of prisoners of war.
Geneva Convention IV: Convention
relative to the Protection of Civilian
Persons in Time of War (August 12,
1949)
 The Convention provides protection to
the civilians in areas of armed conflict
and occupied territories.
 There are 159 articles.
 While the first three conventions dealt
with combatants, the Fourth Geneva
Convention was the first to deal with
humanitarian protections for civilians in
a war zone.

Specific Provisions

Arts. 13, 32:

Civilians are to be protected from
murder, torture or brutality, and from
discrimination on the basis of race,
nationality, religion or political
opinion.

Article 14:
Hospital and safety zones may be
established for the wounded, sick, and
aged, children under 15, expectant
mothers and mothers of children
under seven.

Article 18:
Civilian hospitals and their staff are to
be protected.

Arts. 24, 25:

This Convention provides for the care
of children who are orphaned or
separated from their families.

Article 27:
The safety, honor, family rights,
religious practices, manners and
customs of civilians are to be
respected.

Article 33-34:
Pillage, reprisals, indiscriminate
destruction of property and the taking
of hostages are prohibited.
Article 33, 49:
They are not to be subjected to
collective punishment or deportation.