Annual Report - National Human Rights Commission

Civil Liberties
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etc. The security forces who risk their lives are bound by the Constitution, laws, executive directions,
and are answerable to their Superiors, Judiciary, Human Rights Commissions, Legislatures and
Politicians, but the terrorists are answerable to none. A man in “khaki” does not shed off his basic
human right to life on wearing a “khaki” - violation of his human rights at the hands of the terrorists
is as much condemnable as the assault on human rights of other citizens. Attack on BSF convoy in
Jammu & Kashmir in April 2004 resulted in killing of 31 persons including 14 BSF personnel and
17 of the family members, two Fidayeen attacks on CRPF camps in Srinagar, on 27 th July 2004
resulted in death of five CRPF personnel and attack on 4 th August 2004 resulted in killing of 9
CRPF personnel. Indeed, the security forces engaged in combating terrorism need full support
from the society.
3.14 The repeated killings of innocent citizens in various parts of J&K, from time to time,
bomb blasts in sensitive areas and attacks on security forces and their camps by terrorists including
suicide squads, is a phenomenon, which adds a dangerous dimension to terrorist activities all
over and particularly in India. Terrorism and proxy war which continued during the year 2004-
2005 have claimed thousands of lives of citizens including security forces and damaged property
worth more than Rs. 2,000 crore. There is therefore, the need to deal with terrorist activities in a
concerted manner.
3.15 To check terrorism, the State sometimes adopts counter-terrorism measures, which may
also be violative of human rights of those engaged in such activity. State Terrorism, however is
no answer to combat terrorism. It may, on the other hand, provide legitimacy to terrorism, for the
citizen would not know who violates whose human rights. An excessive and unplanned response
by the security forces to provocation by terrorists constitutes violation of human rights. It is bad
for the society, the State and the Rule of Law. The need to foster a climate of discipline and
adherence to democratic values cannot but be emphasized.
3.16 The menace of terrorism has to be curbed and the war against terrorism has to be fought
relentlessly but in doing so, no democratic society can be permitted to chill civil liberties of the citizens.
In the fight against terrorism, sensitisation level of human rights cannot be allowed to be sacrificed. A
terrorist who violates human rights of innocent citizens must be punished but his human rights should
not be infringed except in the manner permitted by law. A critical task of striking a fair balance by
way of security concerns and human rights is to be performed and need of proportionality must not be
ignored. While fighting 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. It is during anxious times when care has to be taken to ensure that the State does not take recourse
to bend the rule of law. Proper observance of human rights is not a hindrance to the promotion of
peace and security. Rather, it is an essential element in any worthwhile strategy to preserve peace and
security and to defeat terrorism. The purpose of anti-terrorism measures must therefore, be to protect
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