Country Report on Terrorism 2015 - Chapter 2 - India

Overview: Indian counterterrorism cooperation with the United States continued to increase in 2015. In January 2015, President Obama and Prime Minister Modi committed to deepening bilateral cooperation on the full spectrum of terrorism threats. Both leaders reaffirmed concerns over threats posed by groups such as al-Qa’ida and the Islamic State of Iraq and the Levant (ISIL), and called for the United States and India to work together to eliminate terrorist safe havens and infrastructure, disrupt terrorist networks and their financing, and stop cross-border movement of terrorists. They also noted the need for joint and concerted efforts to disrupt entities operating in South Asia, including LeT, Jaish-e-Mohammad, and the Haqqani Network, and called for Pakistan to bring perpetrators of the November 2008 Mumbai attack to justice.

In January 2015, the U.S. Department of Treasury and India’s Ministry of Finance signed a Memorandum of Understanding to enhance cooperation against money laundering and terrorism financing via the U.S.-India anti-money laundering/countering the financing of terrorism (AML/CFT) Dialogue. The U.S. Department of Homeland Security agreed with Indian counterparts to enhance cooperation in countering IED threats pursuant to a Joint Work Plan. Indian officials participated in the February White House Summit on Countering Violent Extremism (CVE), the June Central and South Asia Regional CVE Summit, and the September Leader’s Summit on Countering ISIL and Violent Extremism hosted by President Obama in New York. In June, U.S. and Indian police officials held a community policing consultation. The U.S.-India Megacity Policing Exchange continued to deepen collaboration on training and community policing between local and state law enforcement. In July, interagency officials participated in the inaugural U.S.-India Terrorist Designations Exchange, to strengthen cooperation on domestic terrorist designations, including implementation of UNSCR 1373 (2001), and on international designations pursuant to the UN 1267/1989/2253 ISIL (Da’esh) and al-Qa’ida sanctions regime. In August, officials participating in the U.S-India Cyber Dialogue agreed to continue close cooperation on cyber security and information sharing.

The September U.S.-India Joint Declaration on Combatting Terrorism reaffirmed U.S. and Indian commitments to combat terrorism in all its forms and to uphold shared values of democracy, justice, and rule of law. The declaration condemned the July 27 terrorist attack in Gurdaspur, Punjab, and the August 5 attack in Udhampur, Jammu and Kashmir, described below. While India did not join the U.S.-led coalition against ISIL in 2015, the Joint Declaration recognized the serious threat posed by ISIL to global security and affirmed efforts to degrade and defeat this threat in accordance with the provisions of UNSCRs 2170, 2178, and 2199.

Indian officials emphasized that the government takes threats posed by ISIL seriously, even though media reported that less than 30 Indians have been recruited into the organization and less than 200 have considered joining. In some instances, clerics and family members supported de-radicalization efforts by government officials, although sympathy for ISIL appeared to increase online. On December 18, Prime Minister Modi attended a senior-level police conference on de-radicalization and countering ISIL propaganda.

2015 Terrorist Incidents: The following representative incidents occurred:

• On January 10, CPI-Maoists in Chhattisgarh killed a constable and seriously injured three others.
• On June 4, tribal guerrillas in Manipur used rocket-propelled grenade IEDs to attack a military convoy headed for Imphal, killing twenty Indian soldiers and injuring 11.
• On July 27, three LeT terrorists in army fatigues fired on a bus and attacked a police station in Gurdaspur, Punjab, killing four police officers and three civilians, and injuring 15. Five bombs were found on the Amritsar-Pathankot railway line bridge, five kilometers from the site of the attack, the first major strike in Punjab since Sikh militants were active there in the 1980s and 1990s.
• On August 5, two LeT terrorists attacked a Border Security Force (BSF) convoy in Udhampur, Jammu and Kashmir, killing two. One of the two attackers, both identified as Pakistani nationals, was captured alive and the other was killed. National Investigation Agency efforts led to the arrest of six additional LeT and Hizbul Mujahideen terrorists. The alleged planner behind the attack, Abdul Qasim, was subsequently killed during an October police encounter in Kashmir.
• In November, an Indian Army colonel was killed in a firefight with terrorists in Jammu and Kashmir.

Legislation, Law Enforcement, and Border Security: In December 2014, India banned ISIL under the Unlawful Activities (Prevention) Act (UAPA) (1967). During 2015, it also undertook efforts to implement UNSCRs 2178 and 2199, and sanctions under the UN 1267/1989/2253 ISIL (Da’esh) and al-Qa’ida sanctions regime. India continued to address terrorism-related activities through existing statutes, including the UAPA, the South Asian Association for Regional Cooperation (SAARC) Convention on Suppression of Terrorism Act (1993), and various state-level laws. The UAPA presumes the accused to be guilty if the prosecution can produce certain incriminating evidence indicating the possession of arms or explosives or the presence of fingerprints at a crime scene, regardless of whether criminal intent is demonstrated. State governments held persons without bail for extended periods before filing formal charges under the UAPA. Other state-level counterterrorism laws reduce evidentiary standards for certain charges and increase police powers to detain a person and his or her associates without charges and without bail for extended periods.

Since the 2008 Mumbai terrorist attacks, India has sought to enhance its counterterrorism capabilities. Interagency coordination and information sharing remained challenging, and local police forces suffered from poor training and equipment. India launched initiatives to address some of these challenges, including through a Multi-Agency Centre for enhancing intelligence gathering and sharing.

Indian officials participated in U.S.-sponsored law enforcement and security training at the central government and state levels to enhance India’s capabilities in critical incident management, infrastructure security, community-oriented policing, crime scene investigations, explosive ordnance detection and countermeasures, forensics, cyber security, mega city policing, and other areas. Indian police and security officials at both the state and federal levels received training under the Department of State’s Antiterrorism Assistance program in technical areas related to counterterrorism and law enforcement. In addition, the Department of Homeland Security, through the Immigration and Customs Enforcement Attaché office, and the U.S. Federal Bureau of Investigation, conducted training programs and exchanges with Indian law enforcement personnel.

On September 10, police in Assam killed two Dima Halam Daogah (DHD-A) militant leaders. On December 17, media reported that Indian officials identified former Uttar Pradesh resident Sanaul Haq (aka Maulana Asim Umar) as the head of al-Qa’ida in the Indian Subcontinent (AQIS). Haq, who reportedly lives in Pakistan, had been appointed to his position by Ayman al-Zawahiri in 2014.

Countering the Financing of Terrorism: In January 2015, the inaugural U.S.-India Anti-Money Laundering/Counterterrorism Finance (AML/CFT) dialogue was held. India is a member of the Financial Action Task Force (FATF) and two FATF-style regional bodies, the Eurasian Group on Combating Money Laundering and Financing of Terrorism and the Asia/Pacific Group on Money Laundering. India’s Financial Intelligence Unit (FIU-IND) is also a member of the Egmont Group. Indian officials monitored and regulated money transfers, required the collection of data for wire transfers, obliged non-profit organizations to file suspicious transaction reports, and regulated and monitored these entities to prevent misuse and terrorism financing.

Although the Government of India aligned its domestic AML/CFT laws with international standards by enacting amendments to the Prevention of Money Laundering Act in November 2012, the government has yet to implement the legislation effectively, especially with regard to criminal convictions. Law enforcement agencies typically open criminal investigations reactively and seldom initiate proactive analysis and long-term investigations. While the Indian government has taken action against certain hawala financing activities, prosecutions have generally focused on non-financial businesses that conduct hawala transactions as a secondary activity. Additionally, the government has not taken adequate steps to ensure all relevant industries are complying with AML/CFT regulations. The reporting of suspicious transaction Reports (STRs) relating specifically to terrorism financing increased significantly. From July 2014 to April 2015, FIU-IND received 76,149 STRs and disseminated 52,485 STRs to various intelligence and law enforcement authorities.

The degree of training and expertise in financial investigations involving transnational crime or terrorism-affiliated groups varied widely among the federal, state, and local levels and depends on the financial resources and individual policies of various jurisdictions. More than 300 personnel from various zonal/sub-zonal offices of India’s Enforcement Directorate participated in training programs on financial investigation, money laundering, foreign exchange contraventions, effective prosecutions, and cybercrimes as part of an effort to build capacity. U.S. investigators have had limited success in coordinating the seizure of illicit proceeds with their Indian counterparts. While intelligence and investigative information supplied by U.S. law enforcement authorities led to numerous seizures of terrorism-related funds, a lack of follow-through on investigational leads has prevented a more comprehensive approach.

The Government of India took steps to increase financial inclusion through expanding access to the banking sector and issuing biometric-enabled universal identification numbers.

For further information on money laundering and financial crimes, see the 2016 International Narcotics Control Strategy Report (INCSR), Volume II, Money Laundering and Financial Crimes: http://www.state.gov/j/inl/rls/nrcrpt/index.htm.

Countering Violent Extremism: During 2015, India’s central government expanded its role in global efforts to counter radicalization and violent extremism. Indian officials participated in the February 2015 White House CVE Summit and in follow-on meetings. Mumbai participated in the Strong Cities Network, a forum to build sub-national resiliency against violent extremism.

In June, the Government of India appointed a Special Envoy for Counterterrorism and Extremism. India has taken steps to implement UNSCR 2178 related to foreign terrorist fighters and to advance efforts on CVE. In August, the Ministry of Home Affairs reportedly convened a meeting to discuss steps for countering radicalization and recruitment with officials representing 12 states and union territories. The government implemented new initiatives to provide “quality and modern education” in madrassas. In addition, the government continued to operate programs to rehabilitate and reintegrate former terrorists and insurgents into mainstream society. These programs target disaffected sectors of Indian society that have been sources of separatism and violent insurgency.

Indian government officials have raised concerns over the use of social media and the internet to recruit, radicalize, and foment inter-religious tensions. In particular, officials expressed concern about the ability of ISIL to recruit online, following prominent incidents in which Indians were attracted to join or support the group.

International and Regional Cooperation: India is a founding member of the Global Counterterrorism Forum (GCTF) and participated in GCTF and other UN forums on counterterrorism in 2015. In May 2015, India’s National Investigative Agency (NIA) hosted a U.S.-sponsored regional dialogue predicated upon the GCTF Marrakech Memorandum on Foreign Terrorist Fighters, which focused on best practices for countering the foreign terrorist fighter phenomenon.

In addition, India’s counterterrorism cooperation with neighbors continued to develop. The October 2014 blasts in the Burdwan district of West Bengal generated counterterrorism cooperation between India and Bangladesh, including visits by Indian officials to Dhaka. During 2015, the Indian and Bangladeshi governments continued their cooperation under their bilateral Coordinated Border Management Plan to control illegal cross-border activities and announced the strengthening of bilateral cooperation in the field of security and border management. Also during 2015, India and Nepal continued counterterrorism cooperation along their shared border. India is a member of the South Asian Association for Regional Cooperation.