CIVIL AND POLITICAL RIGHTS Chapter - 5 A. 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. 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. 5.2 Acts of terrorism and militancy, of late, have spread their tentacles all over the world, thereby affecting the lives of innocent people indiscriminately. India alone has witnessed some of the worst forms of terrorism and militancy in the recent past. Terrorists and militants, undoubtedly, are the sworn enemies of human rights and there can be no equivocation on this matter. Terrorism and militancy, in all forms and manifestations, must be fought and defeated, if at all the human rights of people are to be protected, for the right to life – the target of terrorists – is the most basic right, without which human beings can exercise no other right. 5.3 The crucial question that arises next is the means to be adopted to achieve this goal. The NHRC has all along maintained that anti-terrorism and anti-militancy measures must be carried out by the State in conformity with the Constitution, the laws of the land, and the treaty obligations of the country. The NHRC further believes that the menace of terrorism and militancy must not be left to the agencies of the State like the police and the armed forces alone, rather it should be collectively fought by all sections of the society. That is why it has continued to lay emphasis on the socio-economic dimensions of the problem and also called for an effective enforcement of laws and good governance to ensure transparency and accountability in dealing with those who may be guilty of human rights violations. B. Custodial Violence and Torture 5.4 The curbing of custodial violence and torture has been one of the core concerns of the NHRC ever since it came into existence in 1993. As early as 14 December 1993, it issued instructions that it must be informed of any incident of custodial death or rape within 24 hours of its occurrence; it was added that the failure to report promptly would give rise to the presumption that an attempt was being made to suppress the incident. In subsequent instructions, 69