The Constitutional Vision of Inclusive Growth: Challenges and Strategies

The Indian Society has suffered from the menaces of social and economic inequalities, caste-based discrimination, and purging of minorities for centuries. But the nation’s independence struggle and its ultimate triumph remains the greatest testimony to the world of the power of a people united in the spirit of nationalism.

The Constitution of independent India is a manifestation of the ideals of liberty, equality and fraternity. An inclusive society was the vision of the makers of our constitution. But even after independence the perils of inequality and discrimination lingered on. The post-independence era witnessed the re-emergence of these vices which had subsided during the independence struggle. Although attempts at tackling these were made in the form of social reform legislations, economic and social disparities continue to plague the society.

Over the past two decades, India has made a successful transition from an economy that was growing at best at a moderate rate to one that has become one of the principal drivers of the global economy in the post-crisis phase. The GDP growth rate, the investment rate and the savings rate have steadily increased.

The charm of high growth is, however, obliterated by the fact that the distribution of benefits arising from the growth dynamics is highly skewed. Large sections of the population are precluded from partaking in the benefits of the economic growth which is evidenced by the rising economic disparities.

The lack of inclusion has two broad dimensions, economic and social, which analysts have pointed out, mutually reinforce each other. The most obvious manifestations of economic imbalances are the high incidences of poverty, wide income inequality and high rates of unemployment. These can be attributed to the inequality in access to essential services, particularly those related to education and health, which in turn is the result of social exclusion, “the process through which individuals or groups are wholly or partially excluded from full participation in the society in which they live”[1].

Exclusion is thus both the cause and the effect. It is antithetic to ‘inclusive growth’, which is the “process that yields broad‐based benefits and ensures quality of opportunity for all”[2] as envisioned in the constitution particularly in the preamble, in chapter III and in the Directive Principles of State Policy.  Inclusive growth is to be primarily achieved at the levels of Reduction Of Poverty, Reducing Unemployment, Social Justice And Empowerment, Environmental Sustainability, Gender Equity, Access To Essential Services and Governance.

Basely et el (2007) considers inclusive growth as the “growth that has a high elasticity of poverty reduction”, i.e., higher reduction in poverty per unit of growth. The ability to generate an adequate number of productive employment opportunities will be a major factor on which the inclusiveness of growth will be judged. Rapid growth focused on labour-intensive industries and small and middle enterprises will create employment opportunities in the manufacturing and services sectors. The ability to create jobs will be enhanced by greater labour flexibility which may require some changes in labour laws.

Access to essential services is an indispensable aspect of equality of opportunity. Copious theoretical studies have demonstrated that the idea that both the pace and pattern of growth are critical to accomplish a high, sustainable growth record, as well as poverty reduction, is consistent with the findings in the Growth Report, Strategies for Sustained Growth and Inclusive Development[3].

The vision of inclusiveness must be taken beyond the conventional objective of poverty alleviation to embrace equality of opportunity, as well as economic and social mobility for all sections of society, with greater focus on  SCs, STs, OBCs, minorities and women. There must be equality of opportunity to all with freedom and dignity, and without social or political obstacles.

The Commission on Growth and Development, in the report found that inclusiveness, a concept that incorporates equity, equality of opportunity, and protection in market and employment transitions is a vital element of any successful growth strategy. The Commission regards systematic inequality of opportunity “toxic” as it will disturb the growth process through political means or conflict.

Another strategy of achieving inclusive growth must be one that not only preserves and maintains natural resources, but also provides equitable access to all.  This requires international co-operation to develop forms of burden sharing for alleviation as well as adaptation that are just and equitable to all nations.

Recognizing the depth of the problem of social exclusion based on gender, an integrated approach towards gender equity is also the need of the hour. Identifying and rectifying the flaws and drawbacks in the previous schemes and programs and improving the governmental machinery for implementation and expansion of strategies for inclusive growth through is the most crucial aspect in our stride towards inclusive growth. The need of the hour, thus, is a comprehensive and balanced approach in achieving inclusive growth and distributive justice as part of it.

[1] 1 11 European Foundation for the Improvement of Living and Working Conditions (1995), “Public Welfare Services and Social Exclusion: The Development of Consumer Oriented Initiatives in the European Union”, The Foundation,Dublin, quoted by De Haan, Arjan, and Simon Maxwell (1998), “Poverty and social exclusion in North and South”,IDS Bulletin, 29 (1): 1‐9

[2] 2 7 Govt of India (2008), “Inclusive Growth: Vision and Strategy”, Eleventh Five Year Plan, Planning Commission, New Delhi, p. 2.

[3] Commission on Growth and Development, 2008


ABOUT THE AUTHOR

Treesa Ann Benny

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Treesa Ann Benny is a third-year student pursuing B.A LL.B(Hons.) course at the National University of Advanced Legal Studies, Kochi. She enjoys writing, particularly on contemporary issues. She finds legal research extremely interesting as well as rewarding and has a particular liking for corporate and constitutional law. She has interned at various law firms in the country, participated in various moot courts, essay-writing and policy-framing competitions and authored several law research papers. She is a volunteer at the Kerala chapter of Increasing Diversity by Increasing Access (IDIA). She is a music lover and also enjoys cooking.

 

Legal Issues Surrounding Cloud Computing

With the explosive growth of innovations in the Information Technology industry, the Legal provisions are currently lagging behind and desperately looking for ways to cope up with the never-seen-before advancements. Cloud computing, being one of such recent advancements, have raised a number of legal issues including privacy and data security, contracting issues, issues relating to the location of the data, and business considerations.

The abovementioned issues are the primary ones faced by almost all the nations across the globe. However, when it comes to the Indian scenario, a number of additional complicated issues are faced by India owing to lack of awareness and lack of resources. With the ‘Digital India’ initiative in the news, it is obvious that more and more individuals and organisations will be using online services and infrastructure via the Cloud in the near future; and it is, therefore, necessary to analyse our position thereon and discuss whether our legal system is ready for such a revolutionary change.

The legal issues that frequently arise in the cloud are wide-ranging. However, attempting a broad generalisation, mainly four types of issues arise therein:

  1. Privacy of data and data security
  2. Issues relating to contractual relation between the cloud service provider and the customer
  3. Complex jurisdictional issues, or issues relating to the location of the data and the set of laws applicable
  4. Commercial as well as business considerations

At the outset, it may very well be clarified that though cloud computing enables the customer access to computing, networking, storage resources just like traditional outsourcing services and Application Service Providers (ASPs), it has a legal nature quite different from these two owing to its distinctive features like ‘on-demand access’, and ‘unit-based pricing’ (pay-per-use).

Privacy and data security issues:

Seemingly, the main privacy/data security issue relating to the cloud is ‘data breach’. Data breach may be in the generic sense defined as the loss of unencrypted electronically stored personal information (Buyya, Broberg, & Goscinski, 2015). A data breach can cause loss to both the provider as well as the customer in numerous ways; with identity theft and chances of debit/credit card fraud to the customer, and financial harm, loss of customer, loss of reputation, potential lawsuits et cetera for the provider.

The American law requires data breach notification to be issued of affected persons in such case of a data breach. Almost all the states in the United States now require notification of affected persons upon the occurrence of a data breach.

Talking about the Indian scenario, most of the providers are seen to attempt at lessening their risk liability in case of a data breach scenario. However, as more sensitive information is entering the cloud every passing day, businesses and corporations have started negotiating the contracts so as to insert terms that expand the contractual obligations of the providers.

Problem arises when the data is subject to more than one jurisdictions, and the jurisdictions have different laws regarding data privacy. For example, the European Union Data Privacy Directive clearly states that ‘Data cannot leave the EU unless it goes to a country that ensures an “adequate level of protection”.’ Now, although such statement makes the EU provisions easily enforceable, but it restricts the data movement thereby reducing the data efficiency.

Contracting Issues:

Clearly, licensing agreements are fundamentally different from Service agreements. Cloud essentially, in all its permutations (IaaS, PaaS, SaaS), is a service, and therefore is governed by a Service agreement instead of a Licensing agreement.

However, the main issue regarding the Cloud Service agreements is ‘contract of adhesion’. Owing to the limited expansion of Cloud Services in India, most of the time the ‘Click-wrap agreement’ model is used, causing the contract to be one of the contract of adhesion. It leaves no or little scope for negotiation on the part of the user/customer.

With the expansion of the Cloud computing, gradually the negotiation power of the large corporation will cause the Cloud Contracts to be standard and negotiated ones. However, at an individual level, this is still a far destination.

Legal provisions clearly cannot force the cloud providers to have a negotiating session with each and every customer. However, legal provisions may be made to ensure that the liability and risk responsibility clauses follow a standard pattern which compensates the user for the lack of negotiation during the formation of the contract.

Jurisdictional Issues:

Jurisdiction is the authority of a court to judge acts committed in a certain territory. Jurisdiction in case of legal issues relating to the Cloud services becomes difficult and critical because of the features of Cloud like ‘Virtualization’, and ‘Multi-tenancy’.

While virtualization ensures the requirement of less hardware and consumption of less power thereby ensuring computing efficiency, it also on the other hand makes it difficult for the cloud user or the cloud provider to know what information is housed on various machines at any given time.

Multi-tenancy refers to the ability of a cloud provider to deliver services to many individuals or organisations from a single shared software. The risk with this is that it makes it highly possible that the data of one user may be accessed in an unauthorised manner by another user since the data of various users are only virtually separated and not physically. Also, it makes it difficult to back up and restore data.

The cloud enables a great deal of flexibility in data location, which ensures maximum efficiency in data usage and accessibility. However, it creates a number of legal issues as well. It makes it quite possible a scenario that the same data may be stored in multiple locations at a given time. Now, if the multiple locations are subject to different jurisdiction and different legal system, there arises a possibility that there may be conflicting legal provisions regarding data in the two aforementioned different locations. This gives rise to most of the jurisdictional issues in Cloud computing.

Also, laws relating to confidentiality and Government access to data are different across different nations. While the Indian laws manage to strike a balance between national security and individual privacy, most of the nations do not prefer a balance and have adopted a biased view on this. Problem of conflict of laws arises herein, in such cases.

Commercial and Business Considerations:

Other commercial and business considerations like the urge to minimize risk, maintain data integrity, accessibility and availability of data as well as Service level Agreements have also significantly shaped the present as well as future of Cloud Computing in India. It also creates a number of foreseeable as well as unforeseeable issues that needs to be addressed by dedicated legislations therefor.

It is an accepted truth that Law always lags behind technical innovations, and the complexities of the Cloud innovations and related Cloud Services like Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS) will force the law and legislations to catch up in order for an effective legal system that provides legal remedies to prevent and redress the resultant harms.

Raising awareness, ensuring universal access to information, and resource mobilizing are complimentary solutions that’ll never go wrong for the Indian scenario in order to add to the effectiveness of an effective legal system.

Note: This post first appeared here.


ABOUT THE AUTHOR

ANSHUMAN SAHOO
Founder, Editor-in-chief

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‘Passionate!’ That’s the only word he uses to describe himself. Questioning assumptions. Challenging hypocrisies. Making the planet a better place to live in. Can be found at www.anshumansahoo.com.

 

Muslim Women’s Rights and Media Coverage

This is an issue covered by an article by Flavia Agnes, which addresses the issue of how the Indian Media refuses to acknowledge the variety of rights that Muslim Women have gained [in the field of divorce] through various judgements and legislations. [1]

The author uses the case of Shayaro Bano, who suffered abuse at the hands of her husband and finally gave her a talaqnama. Now, any woman in this situation has two choices. The first option she has is she can claim that the talaqnama was invalid and remain as his wife. She can rely on many precedents like Shamim Ara v State of U.P[2] and claim that the arbitrary talaq was invalid. Alternatively, she can also accept the talaqnama, thus ending her abusive marriage while also netting a settlement amount through the Muslim Women (Protection of Rights upon Divorce) Act, 1986.

However, we can see that Shayaro Bano chooses to file a PIL instead in the Supreme Court which challenged triple talaq on the ground that it violates the fundamental rights of a woman. This choice is an interesting one since Muslim women already have countless cases like Shamim Ara and Danial Latifi[3], who have clearly set down a number of rules to be followed before declaring a triple talaq valid.

The author argues that the Indian media portrays a Muslim Woman as an entity who is completely stripped off of her rights. Shayara Bano has been placed on the same level as Shah Bano by the media despite the fact that legal recourses already existed in her case.

Experts like Syeda S Hameed believe that a judgement on the Triple Talaq issue (which has come out) will only provide further ammunition to the media for targeting Muslims. This will, in turn, help right-wing nationalist groups such as the RSS to use this to fuel their hate rhetoric. This will only strengthen the cycle of hate with the media as a facilitator and can in no way serve the higher purpose of the unity of the country.

Thus, it is the author’s argument that a declaration by the Supreme Court on this issue will only serve to destroy the average Muslim’s public image and provide no substantial legal benefit.

This is an intriguing stance taken by the author, but I believe it is not without fault. Sanjukta Basu in a critique of Agnes’s article points out that the entire practice of triple talaq is unilateral and at the option of the husband. [4]Thus, any defence of the same would be futile. Basu also questions the reason why Agnes criticizes such a move taken by Shayara Bano. She believes that a court order is a massive endorsement for women’s rights and the fact that Muslim women are reaching out to the Supreme Court to seek their constitutional rights is something that the author should respect.

[1] Agnes, F. (2016, May 14) Muslim Women’s Rights and Media Coverage. Retrieved from http://www.epw.in/journal/2016/20/web-exclusives/muslim-womens-rights-and-media-coverage.html

[2] Shamim Ara v. State Of U.P., KLT 2002(3) (SC) 537

[3] Danial Latifi v. Union of India (2001) 7 SCC 740

[4] Basu, S. (2016, September 19) Triple talaq: Why Flavia Agnes’ position on Shayara Bano’s SC petition is anti-women. Retrieved from http://www.firstpost.com/india/triple-talaq-why-flavia-agnes-position-on-shayara-banos-sc-petition-is-anti-women-3010878.html


ABOUT THE AUTHOR

Ashwin Ajimsha

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Ashwin is currently in the second year of B.A.L.L.B. in Jindal Global Law School, Haryana. Interested in research/writing and loves movies, especially if they are law related.

The Consumer Protection Act, 1986 and the Indian Society – An Analysis

The Consumer Protection Act of 1986 (the Act) envisaged protecting the interests of consumers by establishing consumer councils and other such authorities for settling consumer disputes. The perceived guiding principle behind this Act is that business organizations must adopt utmost ethical practices while conducting their business transactions. If and when the businesses gallivant and fail to fulfil their social and ethical obligations, the government will come to the assistance of the consumer.

Another oblique purpose of this Act, as stated by H.K.L Bhagat, the then Minister of Parliamentary Affairs, was to spur strong voluntary consumer movement at the grass root level. However, a law is a part of society, it takes issues from society. Hence, laws are not immune to the fault-lines prevalent in the society.

The Act has failed to substantially stimulate the welfare of consumers belonging to subaltern groups. Here subaltern group refers to consumers from lower socio-economic classes. The Act envisaged bringing in a behavioral change in the attitudes of the buyers and sellers, shifting the focus from caveat emptor to caveat venditor. This behavioral change can be brought on a macro level only when people are aware of the Act, its contents, and its consequences.

However, we have dismal awareness about the Act in India, especially in rural areas. As per a study sponsored by Department of Consumer Affairs the awareness of the Act is directly proportional to the level of education and income level. Subsequently, the Act has had a much less impact on the marginalized and subaltern groups of the society who lack education and are living in rural areas with minimal levels of income. Thus, to a large extent, socio-economic background of the consumer will determine the impact that this Act has on them.

Further, the Act aimed to provide speedy and effective justice to aggrieved consumers by establishing three-tier consumer redressal forums. It was deemed that shifting consumer dispute cases from the judiciary to specialized forums would ensure speedy redressal. However, most of the specialized consumer forums do not have the minimum facilities to function and the members appointed, especially non-judicial members, lack the basic legal expertise to deal with the legality of myriad issues.

According to a report submitted by a committee headed by retired Supreme Court Justice Arijit Pasayat, most of the non-judicial members are political appointees, serving political interests, who are incapable of even writing or dictating order.  Fearing delays and further complications, the consumers have been generally cautious of approaching these special forums.

Marketization and privatization have further lead to overtly strengthening the caste and class consciousness deepening the archaic social hierarchies and innate biases. The members of the redressal forums are also not immune to it. Most of the appointed members belong to the affluent class and castes of the society and hence they have certain predispositions toward other members of the society, especially those from the less privileged sections.

The graded and structural inequalities in social, political and economic edifices of society are also reflected in the working of the Act. Superficially, it seems that the Act provides equal opportunities for consumers to put forth their point of view before the forum.

However, under the Act, consumers can argue their case either through the medium of an advocate or they can represent themselves before the consumer forums. The latter arrangement is based on the assumption that the process and technicalities in the consumer forums are far too benign and easy as compared to the one followed in the civil courts and as such even a layman may understand the proceeding, or the lack thereof, and may represent himself saving the fees of advocacy.

However, this procedure, although established with a benign intent, does not help the subaltern consumers. This is due to the following two factors:

1) The poor, being illiterate in most cases, do not have proper guidance and understanding of the legal processes to present their own arguments before the redressal forums, and as such, they don’t get any assistance with this regard from the officials present therein.

2) Most the subaltern people don’t have the pecuniary resources to hire a lawyer to fight a case on their behalf.

Thus, the Act, and consequently consumerism, has failed to protect the interests of the subaltern consumers for whom every hard-earned penny matters.


ABOUT THE AUTHOR

Pratik Dixit

PRATIK PRAKASH DIXIT

Law Student pursuing BA LLB (Hons) at NLSIU, Bangalore. Interested in social and political issues.

Privacy versus National Interest – An overview

The journey of privacy has been a roller-coaster ride in INDIA. This topic has been debated a lot and has again come to highlight because of the controversial biometric project.

Most people value their ability to keep their private lives private, to protect information that they consider private. Some people do it to hide information about their financial status, or relationship status.The importance of such a right cannot be denied – secret voting enshrines the principle that how people vote is ultimately their own private decision – even if they choose to publicly back a particular candidate, nobody is allowed to scrutinize their DECISION.

However, in the case of the biometric project, it has caused great concern among civil liberties campaigners, who argue that such state intervention threatens the privacy of ordinary citizens and also many experts believe it is not a fair trade-off for protecting the national interest.

When it comes to defining National Interest, it is the interest of a nation as a whole held to be an independent entity separate from the interests of subordinate areas or groups and also of other nations or supranational groups. In this case, it seems to be a fair decision to trade off citizen’s privacy for national security.

What actually privacy is? Privacy is widely regarded as an important right in free and democratic societies. Article 17 of the United Nations International Covenant on Civil and Political Rights states that: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation” and “Everyone has the right to the protection of the law against such interference or attacks”.

In India, the Right to privacy is one such right, which has come to its existence after widening up the dimensions of Article 21. The constitution in specific doesn’t grant any right to privacy as such. However, such a right has been culled by the Supreme Court from Art. 21 and several other provisions of the constitution read with the Directive Principles of State Policy.

Security versus privacy

The idea of government possessing citizen’s private information can be associated with AUTHORITARIAN REGIMES and can be a key feature of George Orwell’s dystopian novel 1984, in which privacy is all but eliminated.

Despite a general consensus on the value of privacy, many argue it has limits or rather it must have some restrictions. If the government is able to maintain the right balance between privacy and security enabling the authorities to keep tabs on personal information, without giving them carte blanche to snoop on citizens. For those in favour of compromising on privacy for the sake of national security, the key point is that seeking such information is no big deal given the rationale behind it.  In other words, privacy might be important, but is it so important that we should risk national and international security rather than compromise a little?

Even the supreme court of India quoted that “Right to privacy can never be an absolute entitlement.” In my own opinion, I believe that both privacy, as well as security, are important for different reasons. I believe that national security is important because we are and will be protected as a whole. On the other hand, our privacy is important as well because everyone wants to keep their personal business to their self’s, or at least have the opinion to keep it that way. I believe that people should be able to have their own personal privacy without worrying that it’ll be interrupted. I also believe that national security is important so that people will know they are and will be protected without worry. What is to be done is maintaining the right balance and a reasonable compromise between privacy and security. Well, as many say, “We should be willing to compromise our privacy in the interests of national and international security”

RIGHT TO PRIVACY IN INDIA

The right to privacy is seeded in several articles of Part III of the Constitution.

To pass the test of privacy, any law framed must be constitutionally valid. It must be need-based and it must be proportionated to the abridgement sought to the right to privacy consistent with actual need.

GOVERNMENT IS FACING A CHALLENGE

The government faces a formidable legal challenge in implementing its ambitious unique identification programme. Pleas have been made before the Supreme Court questioning the lack of a statutory basis for the collection of biometric details, and the government has to meet this point to the court’s satisfaction. Instead of arguing that privacy is not a fundamental right, it would do well to assure the court that it has the technology and systems to protect the data collected. And that it would do everything possible to prevent unauthorised disclosure of or access to such data.

WHAT WE NEED IS PRIVACY ACT

A Group of Experts appointed by the Planning Commission and headed by Justice (retd.) A.P. Shah came out with a comprehensive report in 2012 containing a framework for a Privacy Act. Such a law, it said, should recognise all dimensions of the right to privacy and address concerns about data safety, protection from unauthorised interception, surveillance, use of personal identifiers and bodily privacy. Underscoring a set of privacy principles, the committee said the underlying idea should be that the data controller should be accountable for the collection, processing and use to which data are put. In its zeal to aggregate data in electronic form and target subsidies better, the government cannot ignore its responsibility to protect citizens from the perils of the cyber era.

BUT To pass the test of privacy, any law framed must be constitutionally valid. It must be need-based and it must be proportionate to the abridgement sought to the right to privacy consistent with actual need.

Also, many people who totally protest that privacy should not be compromised at any cost should not forget what former president of Obama quoted, THAT YOU CANNOT HAVE 100% SECURITY AND 100% PRIVACY.


ABOUT THE AUTHOR

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DEEKSHA KATHAYAT

Deeksha Kathayat is currently pursuing BLS LLB (third-year) from Dr. D. Y. Patil College of Law. An enthusiast debater and avid mooter, she’s into occasions where she can express her views on various issues. She believes that we realize the importance of our voice only when we are silenced. An aspiring bureaucrat, she describes herself as Unstoppable, Unconstrained, and Zealous.

Terrorism: An illusion of war?

Terrorism today is not just confined to a state’s borders but cheers to globalization, it has now expanded to unfathomable horizons.

According to The United States 2007 National Intelligence Estimate:

Globalization trends and recent technological advances will continue to enable even small numbers of alienated people to find and connect with one another, justify their beliefs, intensify their anger, and mobilize resources to attack—all without requiring a centralized terrorist organization, training camp, or leader (Anomic outsiders).”

The Internationalization of terrorism has raised several issues on enforcement and jurisdiction. Regardless, even today no globally accepted definition of the term exists, largely because of political differences (One man’s terrorist is another’s freedom fighter).

But a fundamental question that needs to be answered is whether terrorism is a criminal offence or an act of war.

The use of the term WAR by the media and our learned politicians has created an illusion of a constant state of war surrounding our day to day affairs;, “war on drugs, war on poverty, war on organized crime”.[1]

State of war equips the government with the power to circumvent the rights and procedural protections ordinarily accorded to an accused.

It is argued (constructionist approach to defining terrorism) that terrorism is just a way of identifying someone with lesser rights that validates a concept which is purely a self-serving one i.e. justification for state power, withdrawal of Human Rights and expenditure on military hardware.

The reason why this view is popular is because two people having caused the same magnitude of damage to the society would be treated in completely different ways, the one charged with a criminal offence would have rights to a formal charge notifying exactly what he/she is being charged with, competent and relevant proof beyond a reasonable doubt, the right to cross-examine witnesses, to right to remain silent etc., while on the other hand in war its considered legal to kill the enemy to say the least.

A war takes place between two nation states. It does not connote situations of struggle between state and non-state actors such as criminal gangs, drug cartels, mafia etc. A mere involvement of the military does not make the struggle a war; it simply means that the military is being used in a police capacity. It moves us towards the second question, that shouldn’t the suspects of the war on drugs in Mexico or in other “wars” be entitled to the same rights under the criminal jurisdiction? Are they?

It is generally accepted that terrorists cannot be tried under the traditional criminal law as it is reactive and not proactive. Also, that charging it as a criminal offence and subsequent adherence to due process would take up a longer time before conviction.

In the absence of a definition as to who falls under the same and the excessive bargaining power of the state actors it’s not difficult to deduce whose interests would be furthered.

In the event of occurrence of a criminal activity in our locality, we take mitigating steps. However, the reaction of a rational individual to an act of terrorism is not the same. The constant bombardment of the idea of the existence of war has changed the national psyche.[2] We agree to give up more rights, freedom, and privacy in the name of National security policies that are implemented without any cost-benefit or rationality analysis.

Terrorism or War, and politics are very intricately related: it’s not surprising that Non-state terrorism is much smaller in comparison to state terrorism and that funding to terrorist organizations are often state funding. The illusion creates opportunities for politicians, and it sure will take a long time before the white flag is raised.

[1] Essig. Terrorism: Criminal Act of Act of War? Implications for National Security in the 21st Century,18.

[2]  Mike Masnick (9th Jan 2015) When We Call Criminal Acts ‘Terrorism’ We Destroy Our Rights And Sacrifice Our Principles. Retrieved form https://www.techdirt.com/articles/20150108/18213829642/when-we-call-criminal-acts-terrorism-we-destroy-our-rights-sacrifice-our-principles.shtml.


ABOUT THE AUTHOR

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TANVI SINGH

Tanvi Singh is a fourth-year Law student pursuing B.Com. LL.B. (Hons.) at Gujarat National Law University. Tanvi believes that deductions and deliberations must be made sincerely based on well-researched information. Her academic interests are in the field of International Trade Law, Law and Economics, Contracts and Arbitration.