India’s First Comprehensive Counter-Terrorism Policy – ‘Prahaar’

Introduction

The Ministry of Home Affairs (MHA) has unveiled India’s first comprehensive counter-terrorism policy titled ‘Prahaar’, marking a significant shift toward an intelligence-led, technology-driven national security framework. The policy aims to deny terrorists, their financiers, and supporters access to funding, weapons, logistical support, and safe havens. It also reflects India’s evolving threat perception in the digital age, where drones, encrypted platforms, dark web markets, and cryptocurrencies increasingly facilitate terrorism.

This policy announcement coincided with counter-terror operations in Kishtwar, Jammu and Kashmir, where Indian security forces neutralised three terrorists, including a senior commander, underscoring the immediate operational context in which the policy was launched.

Objectives and Strategic Framework of ‘Prahaar’

The ‘Prahaar’ policy adopts a multi-layered counter-terrorism architecture, focusing on prevention, disruption, deterrence, and response. The policy seeks to:

  • Prevent terrorist recruitment, radicalisation, and propaganda dissemination.

  • Disrupt financial networks, including cryptocurrency-based terror financing.

  • Deny access to weapons, drones, and cross-border logistical support.

  • Strengthen inter-agency intelligence coordination.

  • Enhance legal and institutional mechanisms for counter-terror operations.

The policy reiterates India’s “zero tolerance” approach to terrorism and clarifies that terrorism is not linked to any religion, ethnicity, nationality, or civilisation, aligning with India’s constitutional secular framework.

Technological Threats Highlighted: Drones, Dark Web, and Crypto

The MHA policy document identifies emerging technological tools used by terrorist organisations:

Use of Drones

Drones are increasingly used for cross-border arms smuggling, surveillance, and potential attacks, particularly in Punjab and Jammu & Kashmir. The policy emphasises counter-drone technology deployment and legal frameworks to regulate unmanned aerial systems.

Dark Web and Encrypted Communication

Terrorist organisations such as Al-Qaeda and ISIS reportedly use encrypted messaging platforms and dark web forums for recruitment, coordination, and propaganda. The policy calls for enhanced cyber surveillance and lawful interception mechanisms.

Cryptocurrency and Anonymous Financing

Cryptocurrencies and crypto wallets are identified as tools for anonymous terror financing. The policy underscores the need for financial intelligence units, blockchain analytics, and stricter regulatory frameworks to trace and freeze illicit digital assets.

Statutory Framework Governing Counter-Terrorism in India

India’s counter-terrorism regime is anchored in multiple statutes, which ‘Prahaar’ seeks to operationally integrate.

Unlawful Activities (Prevention) Act, 1967 (UAPA)

The UAPA is India’s primary anti-terror law, defining terrorist acts, terrorist organisations, and providing for designation of individuals as terrorists. Amendments in 2004, 2008, and 2019 strengthened provisions on terror financing, conspiracy, and preventive detention.

National Investigation Agency Act, 2008

This Act established the NIA as a federal agency to investigate terror-related offences, including cross-border terrorism and cyber-terrorism.

Prevention of Money Laundering Act, 2002 (PMLA)

PMLA empowers authorities to investigate and confiscate proceeds of crime, including terror financing. It also mandates reporting obligations for financial institutions and cryptocurrency exchanges.

Information Technology Act, 2000

The IT Act provides legal tools for cyber surveillance, blocking online content, and prosecuting cyber-terrorism under Section 66F.

Arms Act, 1959 and Explosives Act, 1884

These laws regulate weapons and explosives, forming the legal basis for action against illegal arms trafficking networks linked to terrorism.

Drone Regulations (DGCA Rules, 2021)

The Unmanned Aircraft System Rules, 2021 regulate drone usage, registration, and no-fly zones, which are crucial for counter-terror drone mitigation.

Constitutional Provisions Relevant to Counter-Terrorism Policy

Article 21 – Right to Life and Personal Liberty

Counter-terror measures must balance national security with individual liberties. Surveillance, detention, and preventive actions must comply with due process standards under Article 21.

Article 19 – Freedom of Speech and Expression

Restrictions on online propaganda and extremist content are justified under Article 19(2) in the interest of sovereignty, security, and public order.

Article 355 – Duty of the Union to Protect States

The Union has a constitutional duty to protect states against external aggression and internal disturbance, forming a constitutional basis for federal counter-terror interventions.

Seventh Schedule – Union List (Entries 1, 2, and 10)

Defence, armed forces, and foreign affairs fall under the Union List, giving Parliament legislative competence over terrorism and national security.

Key Judicial Precedents on Terrorism and National Security

Kartar Singh v. State of Punjab (1994)

The Supreme Court upheld anti-terror laws while emphasising procedural safeguards and strict scrutiny to prevent abuse.

PUCL v. Union of India (1997)

The Court laid down safeguards for telephone tapping and surveillance, balancing security with privacy rights.

National Investigation Agency v. Zahoor Ahmad Shah Watali (2019)

The Court restricted bail in terror cases under UAPA, reinforcing the state’s preventive powers.

Justice K.S. Puttaswamy v. Union of India (2017)

Recognised the right to privacy, requiring proportionality and legality in surveillance measures.

State of Gujarat v. Mohd. Atik (2021)

Reaffirmed the state’s power to impose stringent conditions to combat organised crime and terrorism.

Policy Implications and National Security Architecture

‘Prahaar’ signals India’s shift toward tech-enabled counter-terrorism, integrating cyber intelligence, financial surveillance, and inter-agency coordination. It reflects global trends in counter-terror policy frameworks, similar to the US National Counterterrorism Strategy and the UK CONTEST framework.

The policy also seeks to harmonise domestic law with international obligations under UN Security Council Resolutions on terrorism financing, foreign fighters, and digital extremism.

Conclusion: Toward a Modern Counter-Terror Doctrine

India’s ‘Prahaar’ policy represents a doctrinal evolution from reactive counter-terror operations to a proactive, intelligence-driven framework. By integrating statutory tools, constitutional principles, and technological countermeasures, the policy attempts to address the evolving nature of terrorism in the digital era.

However, its success will depend on implementation, inter-agency coordination, judicial oversight, and adherence to constitutional safeguards to ensure that national security imperatives do not erode civil liberties.

Location: Pune, Maharashtra, India

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