The Pahalgam Terror Attack: A Legal Lens on Terrorism, Justice, and Victims’ Rights in India

On April 22, 2025, the tranquil meadows of Pahalgam in Jammu and Kashmir were shattered by a horrifying act of terror. Gunmen opened fire on a group of tourists in Baisaran, killing 26 people and injuring dozens more. This brutal attack, claimed by The Resistance Front (an affiliate of Lashkar-e-Taiba), has raised critical questions—not just about national security, but about our legal systems, victims' rights, and the challenges of justice in the face of terror.

Understanding India’s Legal Response to Terrorism

India's counter-terrorism framework is anchored primarily in the Unlawful Activities (Prevention) Act (UAPA), 1967, and the National Investigation Agency (NIA) Act, 2008.

What is UAPA?

The UAPA empowers the central government to:

• Designate individuals and organizations as terrorists,

• Detain suspects for extended periods without formal charges (up to 180 days),

• Use special courts for faster trials.

This Act is designed to address both internal and external threats. However, it has been criticized for low conviction rates and the difficulty accused face in securing bail (Section 43D(5)).

Role of the NIA

The National Investigation Agency (NIA), set up after the 2008 Mumbai attacks, has jurisdiction over terrorism-related crimes across India—even overriding state consent. The NIA will likely lead the investigation into the Pahalgam incident.

Legal Challenges in Prosecuting Terrorism Cases

While India has strong anti-terror laws, real-world challenges persist:

• Collecting evidence in remote or conflict-prone areas like Baisaran is difficult.

• Delayed trials due to procedural backlog and lack of judicial resources.

• Misuse of laws: There have been instances where UAPA was used against political dissenters or activists, raising constitutional concerns.

Victims’ Rights: The Overlooked Legal Angle

Terror attacks leave behind more than just statistics—they leave behind broken families, orphaned children, and traumatized communities.

Here’s what Indian law offers victims:

• Compensation Schemes: The Victim Compensation Scheme under Section 357A CrPC mandates state governments to offer monetary relief.

• Legal Aid: Victims' families are entitled to free legal aid through State Legal Services Authorities.

• Pension and Employment Relief: In high-profile attacks, the government often provides employment or ex gratia payments to next of kin, but there’s no uniform policy.

The recent loss of Navy officer Lt. Vinay Narwal, who had married just five days before the attack, is a tragic reminder of the need for compassionate and structured legal support for families left behind.

The Bigger Picture: National Security vs. Civil Liberties

India’s legal system must walk a fine line—combating terror effectively while upholding the rights of its citizens. Broad definitions of "unlawful activity" under UAPA can sometimes stifle legitimate dissent or expression, which makes judicial scrutiny vital.

Conclusion: Justice for Victims Must Be Swift, Sensitive, and Strong

The Pahalgam attack was not just an assault on civilians—it was an attack on the idea of peace and security in India. Our legal systems must respond with firmness, fairness, and urgency. From improving investigation protocols to better supporting victims' families, this moment calls for legal introspection and reform.

Final Thought

Terrorism may aim to break our spirit, but justice—swift, lawful, and humane—can restore it. As legal professionals, our role is not only to interpret the law but to advocate for systems that protect the innocent, punish the guilty, and heal the wounded.