C I V I L L I B E RT I E S
only the right, but also the duty, to protect itself and its people against terrorist
acts and to bring to justice those who perpetrate such acts.
4.5 The manner in which a State acts to exercise this right and to perform
this duty can, however, have the most profound effect on the character of a
society and the manner in which it treats issues of human rights and human
dignity. Thus, the Supreme Court has observed in DK Basu vs. State of West
Bengal that the
"Challenge of terrorism must be met with innovative ideas and
approach. State terrorism is no answer to combat terrorism. State
terrorism would only provide legitimacy to terrorism: that would be
bad for the State, the community and above all for the rule of law.
The State must, therefore, ensure that the various agencies
deployed by it for combating terrorism act within the bounds of law
and not become law unto themselves."
4.6 Indeed, throughout the debate on this subject, both at the national and
at the global level, the view has been insistently expressed by those who are
concerned with the protection of human rights that the means adopted to
defeat terrorism must be consistent with the rule of law, including international
human rights law.
4.7 Given the global campaign to eliminate the practice and threat of
terrorism, it would be useful, at this stage, to recall some of the major
developments in respect of international human rights law, not least because
of their relevance to our country.
4.8 There are now twelve international conventions relating to terrorism that
have been adopted within the context of the United Nations. While these
conventions thus far lack a clear and commonly - agreed definition of terrorism,
a comprehensive draft convention is currently under consideration of the
United Nations General Assembly and an effort is, inter alia, being made to
fill this gap. The Commission commends the Government of India's efforts to
secure agreement on such a convention. Further, even though terrorism has
yet to be authoritatively defined in an international instrument, States have
already agreed on some of its core elements.
4.9 Thus, the Declaration on Measures to Eliminate International Terrorism,
adopted by the UN General Assembly on 9 December 1994 and annexed to its
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