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REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER..........
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that were forwarded by the Commission to the Department of Women and Child Development
may be seen at Annexure 5 of the annual report for the year 2002-03.
5.13 The Commission is pursuing the matter on a regular basis with the Department of
Women and Child Development.
D] Protection of Human Rights Act, 1993
5.14 The Commission had conveyed its recommendations for carrying out amendments to
the Protection of Human Rights Act, 1993, to the Central Government in March 2000. These
proposals were annexed in full to the Commission’s annual reports for the years 1999-2000
as well as 2001-2002. The seriousness and importance with which the Commission views
the matter can be gauged from the fact that it formed a separate chapter (Chapter-2) in
its report for the year 2001-2002 titled “ Experience of the Working of the Protection of
Human Rights Act, 1993” where it dwelt at length on the need for early notification of these
amendments.
5.15 The Government, in its Action Taken Report on the Commission’s annual report for
the year 2001-02 has stated that an Inter-ministerial Committee which was set up to
examine the proposed amendments, of the Protection of Human Rights Act, 1993 keeping
in view Objects and Reasons of the Act, the role of other Commissions and the overall context
of their functioning as also the socio political and economic conditions, etc, has since
completed its examination and has submitted its findings to the Government for action.
The Government is likely to finalize its views in the matter soon. The Commission notes
with a sense of deep regret and anguish that, till date, these amendments have not seen
the light of day.
5.16 The Commission would also like to draw attention to a specific amendment proposed
to Section 19 of the Act in the above proposal referred to the Government. In its Action
Taken Reports on the annual reports of the Commission for the years 2000-01 and for the
year 2001-02, the Government has reiterated the view that the provisions of Section 19 of
the Act, as they exist, do not necessitate any change. The Commission would like to reiterate
its earlier view that the present system of enquiry into allegations of human rights violations
by the armed forces is not working satisfactorily. The Commission would like to once again
urge the Government to review its stand in the matter.
5.17 In its report for the year 2002-2003, the Commission, in Chapter 2 titled “Ten Years
of the Commission in Retrospect”, had reiterated the need for the amendments proposed
to the Protection of Human Rights Act, 1993, to be notified at the earliest. The Commission
hopes that the Government would move expeditiously in notifying the amendments without
further loss of time.
ANNUAL REPORT 2003-04