Annual Report - National Human Rights Commission

Summary of Principal Recommendations and Observations
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will have to ensure enjoyment of the full range of Economic, Social and Cultural Rights.
(Para 3.12)
19.3 Violation of Human Rights of innocent citizens at the hands of terrorists is a reality. There
is, therefore, need to wage a relentless war against terrorism. However, while fighting the war
against terrorism relentlessly, the State cannot be permitted to be either selective in its approach
or to go over board and in effect declare a war on the civil liberties of people because the
rationale of anti-terrorism measures is aimed at protecting human rights and democracy. Counter
terrorism measures should, therefore, not undermine democratic values or subvert the rule of
law. (Para 3.16)
19.4 The Commission continued to monitor closely the situation relating to human rights in
North-Eastern region. The Commission received a complaint from the Director, Asian Centre
for Human Rights, New Delhi alleging killing of one civilian and injury to four others including
two Manipur Rifles Personnel during an attack by unidentified militants upon the security forces
at Yuremban Nagasepam, Imphal West District of Manipur on 10-01-2005. Response to the
notice issued to the Chief Secretary and Director General of Police, Manipur was, however, still
awaited. (Para 3.21)
19.5 The Commission, with a view to curb the tendency of the State agencies to conceal the
truth or underplay the accountability of those involved for the death in custody due to custodial
violence or negligence, proposed an amendment in section 36(1) of the Protection of Human
Rights Act, 1993 for obviating the efforts made by the State agencies to block the jurisdiction of
the Commission by asserting that another Commission has taken cognizance of the custodial
death prior to the National Human Rights Commission. The amendment is, however,
still under consideration with the central Government at the end of the year. The
Commission impresses upon the Central Government to expedite the aforesaid amendment as
proposed. (Para 3.26)
Custodial Deaths
19.6 As regards the deaths which occurred in the police custody in the course of the year
2004-2005, the report indicated that there was a noticeable decline in such cases vis-à-vis
the previous year in the States of Bihar, Gujarat, Maharashtra, Uttar Pradesh,
Assam, Rajasthan, Tamil Nadu and West Bengal. There was, however, an increase
in the deaths in police custody in the States of Andhra Pradesh, Karnataka, Kerala,
Orissa, Delhi, Jharkhand and Uttaranchal. Similarly, there was a decline in deaths in
judicial custody in the States of Assam, Maharashtra, Orissa, Punjab, Tamil Nadu and
Chattisgarh but an increase in such deaths in the States of Andhra Pradesh, Bihar,
Gujarat, Himachal Pradesh, Madhya Pradesh, Uttar Pradesh, West Bengal, Delhi and
Jharkhand. (Para 3.28)
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