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International Journal of
Law
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VOL. 3, ISSUE 1 (2017)
Terrorism and Intelligence Failure in India: A Holistic Analysis
Authors
Dr. K V K Santhy
Abstract

Good intelligence will indeed be essential if fresh terrorist attacks are to be preempted and the terrorist organisations - not just al Qaeda but its off shoots and imitators - are to be destroyed on a long-term basis. At the same time, any intelligence agency within a democracy must adhere to other standards – democracies must live up to the high standards of their own liberal rhetoric uphold the ideas of democracy, liberty, and human rights universally rather than selectively and at a time when tightening up on security is necessary.  Taking into account the growing threat of international terrorism, there are significant grounds for doubting whether legal safeguards and oversee and review mechanisms have kept pace with the developing methods and capacities of the intelligence community.

In some areas, there are laws and executive orders that apply, but these have been slow in coming and do not cover the wide range of moral issues our intelligence personnel encounter. In India, particularly, it is clear that we must do better. With our national security at stake, it is essential to have a serious non- partisan debate, find an acceptable middle ground, and give our spies the unambiguous guidelines they so urgently need.

The question that finally arises in the light of all of this is whether protecting the security of the state in the light of the terrorism threat should trump all other objectives and values within society. Its true that national security is a legitimate and primary concern of the state, particularly one like India which has been wracked by terrorism over the past decade – and yet we must remember that we essentially define ourselves by the importance we place on democratic value, human rights and civil liberties.  Accordingly, we must strive to observe and uphold these values to the greatest extent possible: so while security is one value, it must compete with other values in society. The quest of intelligence control and oversee in the democratic state, then, is to enable agencies to produce effective security intelligence while ensuring that they operate within the law and in a way that is consistent with democratic norms and standards. This article analyzes the problem of terrorism and makes an effort to investigate the root causes of failure on all levels, including the legislative process and executive branch ineffectiveness, while also attempting to highlight best practices in European nations.  
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Pages:51-58
How to cite this article:
Dr. K V K Santhy "Terrorism and Intelligence Failure in India: A Holistic Analysis". International Journal of Law, Vol 3, Issue 1, 2017, Pages 51-58
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