Annual Report - National Human Rights Commission

Summary of Principal Recommendations and Observations
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the Commission. However, it is noted that the Bill does not reflect the amendments as proposed
by the Commission (Reference footnote to para 17.11).
Implementation of Treaties and Other International Instruments on
Human Rights
Convention against Torture
19.55 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. The
Convention entered into force on 26-06-1987. The Commission has been requesting the
Government of India to ratify the Convention against Torture and other forms of Cruel Inhuman
and Degrading Punishment or Treatment, which was signed by India on 14-10-1997. More than
8 years have gone by since India signed the Convention, its ratification, despite repeated urgings
of the Commission, is still awaited. The Commission has been continuously urging the
Government of India for ratification of the Convention Against Torture. (Para 3.41 )
19.56 The Commission urges the Central Government for an early ratification of this important
Convention to fulfill not only its obligation under the international humanitarian law but also to
honour the promise made at the time of signing the Convention by the Permanent Representatives
of India to the United Nations, namely, that India would “uphold the greatest values of Indian
civilization and our policy to work with other members of the international community to promote
and protect human rights.” (Paras 17.18 and 3.35)
The 1977 Protocol additional to the Geneva Convention of 1949
19.57 India ratified the four Geneva Conventions of 1949 in 1959 and enacted the Indian
Geneva Conventions Act in 1960 incorporating them in the Indian legal system. The four Geneva
Conventions of 1949 were considerably supplemented by two additional protocols adopted in
1977. Protocol I contains new rules on international armed conflicts while Protocol II develops
the rules on international humanitarian law governing non-international armed conflicts. These
Protocols contain elaborate norms and provisions concerning protection of human rights in times
of armed conflicts – both international as well as national. (Para 17.19)
19.58 The Ministry of External Affairs had, informed in December, 2003, that the changing
nature of armed conflict in the contemporary period (Afghanistan, Iraq, conflicts in Africa, etc.),
their impact on IHL and the Geneva Conventions and the related issues are under review at the
international level and in the light of these developments, inter ministerial deliberations were
required to take stock of the current realities and of our response. (Para 17.20). The Commission
desired to know from the Ministry of external Affairs the specific responses on its part regarding
signing of the two additional protocols to the Geneva Convention 1949. (Para 17.21)
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