RADICALIZATION IN INDIA: DIAGNOSIS AND REMEDIES Dissertation submitted in part fulfilment for the requirement of the Degree of LL.M. Submitted by: Supervised by: ANKIT KAUSHIK PROF. (DR.) G. S. BAJPAI NATIONAL LAW UNIVERSITY DELHI (INDIA) 2019 DECLARATION BY THE CANDIDATE I hereby declare that the dissertation entitled “Radicalization in India: Diagnosis and Remedies,” submitted at is the outcome of my own work carried out under the supervision of Prof. (Dr.) G. S. Bajpai, Professor and Registrar, National Law University, Delhi. I further declare that to the best of my knowledge the dissertation does not contain any part of work which has been submitted for the award of any degree either in this University, or any other institutions without proper citation. Ankit Kaushik (19LLM18) National Law University, Delhi Place: New Delhi Date: 15-05-2019 ii CERTIFICATE OF SUPERVISOR This is to certify that the work reported in the LL.M. Dissertation entitled “Radicalization in India: Diagnosis and Remedy” submitted by Mr. Ankit Kaushik at National Law University, Delhi is a bona fide record of his original work carried out under my supervision. Prof. (Dr.) G. S. Bajpai, Professor and Registrar, National Law University, Delhi Place: New Delhi Date: 15-05-2019 iii ACKNOWLEDGMENT First and foremost, I would like to thank my mentor and Supervisor – Prof. (Dr.) G. S. Bajpai for his immense guidance and support during the research and writing of this dissertation. I am extremely grateful to him for introducing me to this research area and providing me with the opportunities and encouragement to further my understanding of the complexities and particularities of this topic. I would also like to express my gratitude to Mr. Atul Chandra Kulkarni, Former ADG, Maharashtra ATS and other staff of the Maharashtra ATS for giving me insights into several focal points pertinent to this study. In the same vein, my gratitude is also reserved for Mr. Baksharaj Kaushal, Superintendent of Police, Bureau of Police Research and Development, for according me the opportunity to attend the ‘Symposium on Bridging the Gap Between Community and Police – A Step Towards De-Radicalization,’ which greatly furthered my understanding of the responses of the State towards the threat of radicalization. I am highly indebted to the faculty and administration of NLU Delhi in general for providing me with the resources – both material and immaterial, as well as the opportunities to hone my research skills without which this dissertation would not have been made possible. In this regard, I am also thankful to the library staff for making the resource based infrastructure accessible and creating an environment that greatly encouraged me in this endeavour. Last but not the least, I would like to thank my parents, my sister and my brother-in-law. Without their continual support and understanding, the outcomes of this dissertation would not be the same. Ankit Kaushik (19LLM18) iv LIST OF ABBREVIATIONS ATS: Anti-Terrorism Squad BJP: Bharatiya Janata Party CCCPV: Canada Centre for Community Engagement and Prevention of Violence CPI(M): Communist Party of India (Maoist) CrPC: Criminal Procedure Code GTI: Global Terrorism Index HM: Hizbul Muzahideen HuM: Harkat Ul Mujahideen IED: Improvised Explosive Device IEP: Institute for Economics and Peace IM: Indian Mujahideen IPC: Indian Penal Code ISI: Inter-Services Intelligence ISIS: Islamic State of Iraq and Syria JeI: Jamaat – e - Islami JeM: Jaish – e – Mohammad J&K: Jammu and Kashmir JNU: Jawaharlal Nehru University LeT: Lashkar – e – Taliba LWE: Left Wing Extremism MHA: Ministry of Home Affairs NAP: National Action Plan NIA: National Investigation Agency v RSS: Rashtriya Swayamsevak Sangh SATP: South Asian Terrorism Portal SC: Supreme Court SIMI: Students Islamic Movement of India SLL: Special and Local Laws UAPA: Unlawful Activities Prevention Act UN: United Nations UNCTITF: United Nations Counter-Terrorism Implementation Task Force UNDP: United Nations Development Programme UNSC: United Nations Security Council vi TABLE OF CONTENTS TITLE PG. NO. Declaration by the Candidate ii Certificate of Supervisor iii Acknowledgment iv List of Abbreviations v Chapter 1 1 Introduction 1 1.1. International Efforts Against Terrorism and Violent Extremism 3 1.2. Terrorism and Violent Extremism in India 5 1.3. Strategies to Combat Terrorism and Violent Extremism in India 6 Chapter 2 7 Literature Review 7 2.1 Radicalization 7 2.2. The Progression of Radicalization 9 2.3. De-Radicalization 11 2.4. Process of De-Radicalization 13 Chapter 3 16 Radicalization in India 16 3.1. Islamic Extremism 16 3.1.1. Nature and Extent 17 3.1.2. Causes 19 3.1.2.a. Socio-Economic Conditions 20 3.1.2.b. Identity Crisis 21 3.1.2.c. Majoritarian Nationalism 22 3.1.3. Actors 23 3.1.4. Manner of Propagation 25 3.2. Cross Border Terrorism in J&K 26 3.2.1. Nature and Extent 26 3.2.2. Causes 28 3.2.3. Actors 30 3.2.4. Manner of Propagation 32 vii 3.3. Majoritarian Radicalism 33 3.3.1. Nature and Extent 33 3.3.2 Causes 34 3.3.3. Actors 36 3.3.4. Manner of Propagation 37 3.4. Left Wing Extremism 39 3.4.1. Nature and Extent 39 3.4.2. Actors 41 3.4.3. Causes 42 3.4.4. Manner of Propagation 43 Chapter 4 45 Policy Based Remedial Measures 45 4.1. Responses of the Indian State 45 4.1.1. Surrender Cum Rehabilitation Policies 45 4.1.2. Counter Narratives 47 4.1.3. Development 47 4.2. Policy Responses in Other Countries 49 4.2.1. Canada 49 4.2.2. Denmark 50 4.2.3. Saudi Arabia 51 4.2.4. Singapore 52 4.3. Policy Recommendations 53 Chapter 5 57 Legislation Based Remedial Measures 57 5.1. Definitions 57 5.1.1. Radicalization 58 5.1.2. De-radicalization 59 5.1.3. Counter Radicalization 60 5.1.4. Anti Radicalization 60 5.1.5. Disengagement 60 5.2. Theory of Punishment 61 Chapter 6 63 viii Conclusion 63 Bibliography x Books x Reports x Articles xii Websites xv Newspapers/Magazines xvi Appendix A – List of Offences Under IPC and UAPA xxi Appendix B – List of Fundamental Rights Requiring Consideration xxv ix CHAPTER 1 INTRODUCTION In an alternative narrative, Steven Pinker highlights how the Homo Sapiens, as a specie, are living in one of the most peaceful eras of their history. “In earlier decades,” Steven Pinker notes, “a man’s willingness to use his fists in response to an insult was seen as a sign of respectability. Today it is the sign of a boor, a symptom of impulse control disorder, a ticket to anger management therapy.”1 According to this narrative, man has been tamed; toned down to imbibe peacefulness – both psychologically and physically. Violence, today, in any form, is frowned upon by society at large. Yet, our newspapers are filled with harrowing accounts of death and despair – of men intentionally inflicting pain, of men maiming and killing their fellow beings. In March 2019, a white supremacist massacred fifty one men who had congregated peacefully in a mosque.2 In the video streamed online, the attacker could be seen going from room to room, shooting the panicking individuals dead and then shooting again at the piles of bodies to ensure that no one survived the onslaught. His calmness and composure while committing the atrocity shocked the conscience of the otherwise peaceful country of New Zealand as well as the world at large. A month later, eleven thousand kilometres away in Sri Lanka, purportedly to avenge the Christchurch massacre detailed in the preceding paragraph,3 a man walked into a Zion church on Easter Sunday and detonated a bomb, killing twenty nine persons – most of whom were children. Concurrently, five other suicide bombers set off explosions at other churches and tourist hotels in several places in Sri Lanka leaving behind the charred and unrecognizable remains of over 290 victims.4 The credit for the orchestration of the attack was claimed by ISIS. 1 STEVEN PINKER, THE BETTER ANGELS OF OUR NATURE: WHY VIOLENCE HAS DECLINED, (2011) 2 Julia Hollingsworth, Christchurch Terror Attack Death Toll Rises to 51, CNN, (May 02, 2019), https://edition.cnn.com/2019/05/02/asia/nz-christchurch-attack-death-toll-intl/index.html, (last visited on May 13, 2019) 3 Press Trust of India Colombo, Sri Lanka’s Easter Sunday Bombings a Revenge Attack for Christchurch Bombings: Minister, The Hindu Businessline, (April 23, 2019), https://www.thehindubusinessline.com/news/world/sri-lankas-bombings-carried-out-in-retaliation-for- christchurch-mosque-attacks-minister/article26919777.ece, (last visited on May 13, 2019) 4Sugam Pokharel, Euan McKirdy, Bombs Tear Through Sri Lankan Churches and Hotels, Killing 250 People, CNN, (April 25, 2019), https://edition.cnn.com/2019/04/21/asia/sri-lanka-explosions/index.html, (last visited on May 13, 2019) 1 These two examples make it amply clear that no country is immune to such violence in the age of information and globalization. It is estimated that the economic impact of terrorism globally, amounted to USD$108 billion in 2014, USD$89.6 billion in 2015, USD$84 billion in 2016 and USD$52 billion in 20175 even as the true economic impact is much higher in all likelihood.6 The resulting loss of lives attributed to terrorism related violence stood at 29,376 in 2015,7 25,673 in 20168 and 18,814 in 2017.9 It is not surprising, therefore, that policy makers and administrators around the globe are struggling to get a handle on the reality of terrorism and violent extremism. 107 countries across the world suffered at least one terrorist attack of which 77 countries suffered at least one casualty in 2016.10 1.1.