The Dilemma Faced by Democracies in Balancing Counter-Terrorism and Safeguarding Human Rights: Lessons from India
Judicial Clerk to Justice B.V. Nagarathna, High Court of Karnataka, India
Volume III – Issue II, 2021
It is important to understand that both terrorism and counter-terrorism are human right challenges. A genuine security concern arises from the acts of terrorism. Various measures are looked at by the state to tackle such concerns. One such measure used by democracies is the counter-terrorism legislation. The idea of using a legislation to deter the acts of terrorism is considered to be undemocratic because while this method reduces the acts of terrorism largely they at the same time encroach upon human rights of the innocent.