CHAPTER A. 5 Terrorism and Militancy 5.1 The issue of civil liberties and human rights has become increasingly complex in recent years especially in countries like India which are facing the scourge of terrorism and militancy. In its previous Annual Reports, the Commission has consistently pointed out that terrorism and militancy aim at destabilization of the society and the State. It is therefore essential that they must be fought and defeated in all their forms and manifestations. This is of paramount importance for the protection of human rights. However, this must be done in a manner that upholds the Constitution of the Republic and the rule of law. 5.2 The anti-terrorism and anti-militancy measures must be directed only against perpetrators or abettors of these acts and not against innocent citizens. The Commission has over the years unequivocally condemned the infringement of human rights of innocent citizens by State agencies in their measures to combat terrorism and militancy. These infringements often take the form of unlawful arrests, custodial violence, torture and abuse of power by the police and other lawenforcement agencies. There is no denial of the fact that systemic human rights violations over a period of time often take the form of unrest and conflicts. Such situations, if ignored, become fertile grounds for breeding terrorism and militancy. The existence of social, economic and political disparities, to a large extent, contributes to unrest and conflicts within the State and beyond. Since terrorism and militancy have deep-rooted socio-economic dimensions, the Commission is of the view that effective enforcement of laws and good governance are both vital for the prevention and elimination of terrorism and militancy in the country. 5.3 Accordingly, the Commission has consistently been advocating for several measures that would enable State functionaries to effectively combat terrorism and militancy without infringing upon the human rights of innocents. It has issued guidelines to the States on following “due procedures", adhering to the rule of law and functioning within the ambit of existing laws while combating terrorism and militancy. The Commission, which regularly seeks reports from the Centre and the States on custodial deaths and allegations of other human rights violations, has all along stressed the need to ensure transparency in and accountability for the actions taken by various agencies of the State in the name of combating terrorism and militancy. It has also made a special endeavour to sensitize all those engaged in combating this menace through human rights awareness programmes. National Human Rights Commission 23