Annual Report - National Human Rights Commission

A Review of Laws
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draft Bill was circulated by the Department of Women and Child Development to all the concerned
Ministries/Departments for their comments and views. Further, it added that the Bill would be
finalized after the views are received.
3] Protection of Human Rights Act, 1993
17.11 The Commission had referred a proposal to the Government, in March, 2000, for
amendments to the statute. As reiterated, over the years, the Commission is of the considered view
that the amendments, as proposed by the Commission, are necessary to ensure the independence
and effectiveness of the Commission in the fulfillment of its mandate. Despite the long passage of
time, no progress has been made despite efforts made to expedite the amendments. 1
4] Food Safety and Standard Bill, 2005
17.12 The Commission expressed its concern regarding the reported repeal of the Infant Milk
Substitute, Feeding Bottle and Infant Foods Act (IMS Act.) as proposed by its inclusion in
Schedule one of the Food Safety and Standard Bill 2005.
17.13 The Hon’ble Chairperson in his letter dated 15-03-2005 to the Minister of State, Ministry
of Food Processing Industries conveyed the concern of the Commission in this regard. In
particular, he pointed out that the IMS Act is not a routine food law, nor does it have anything
in common with the other Acts in the repeal list. It is a special Act to protect, promote and
support breastfeeding and it focuses on marketing practices and other practices which interfere
with breastfeeding, and thereby jeopardize the well being of baby and mother. The Commission
observed that the protection of breastfeeding is vital for saving the lives of millions of children
in India every year. The Commission urged to keep the above facts in view and to take
appropriate action in order to protect the “best interests” of children—the IMS Act should not
be repealed.
B] Implementation of Treaties and other International
Instruments
1] Convention Against Torture
17.14 Torture and other cruel, inhuman or degrading treatment or punishment are particularly
serious violation of human rights and, as such, are strictly condemned by International Law.
Based upon the recognition that such practices are outlawed, the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) strengthens
1
At the time of writing this report, the Commission has come across the copy of the Protection of Human Rights Act (Amendment)
Bill, 2005, which is proposed to be introduced by the Government in the Rajya Sabha. The amendments proposed in the
Bill are under examination in the Commission. However, it is noted that the Bill does not reflect the amendments as proposed by
the Commission.
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