Chapter - 4 CIVIL AND POLITICAL RIGHTS A. Terrorism and Militancy 4.1 Terrorism, extremism and militancy clearly have a very real and direct impact on human rights, with devastating consequences for the enjoyment of the right to life, liberty and physical integrity of victims. In addition to these individual costs, terrorism can destabilize government, the democratic process, undermine civil society, jeopardize peace and security, and threaten social and economic development. All of these also have a real impact on the enjoyment of human rights. Terrorists and militants are undoubtedly enemies of human rights and no possible end can justify the violent means that they adopt with grave consequence for the human rights of innocent people. 4.2 The Commission is of the firm view that its response to terrorism and efforts to prevent it, should be respectful of the human rights. Respect for human rights, fundamental freedoms and the rule of law are essential tools in the effort to combat terrorism. Counterterrorism strategies that are compliant with human rights and follow the due process of law not only avoid legal pitfalls, but also prove more effective in the long term at winning the ideological battle against terrorism. There is also support for the view that where the State violates human rights, it strengthens the ranks of the terrorists. Human rights standards impose positive obligations on States to ensure the right of life, protection from torture, and other human rights and freedoms. 4.3 The NHRC further believes that the promotion and protection of human rights is an integral component of the counter-terrorism strategy. Counter-terrorism measures need human rights standards to ensure that their implementation does not undermine their very purpose, which is to protect and uphold the ideals of a democratic society. The Commission has always taken up the cause of the victims of acts of terrorism and has taken steps for providing relief and rehabilitation to them. 4.4 The Hon'ble Supreme Court of India in its 1996 landmark judgment in D.K. Basu vs. State of West Bengal noted that "The State must, therefore, ensure that various agencies deployed by it for combating terrorism act within the bounds of law and not become law unto themselves". Therefore, it is of vital importance for the State to carry along the affected communities with it and make them a partner, rather than stay in isolation or detachment from them, in the fight against terrorism. It is extremely important to train and educate the security forces - police, para-military and the army - about the salience, non-violability and NHRC 23