EXPERIENCE OF THE WORKING OF THE PROTECTION OF HUMAN RIGHTS ACT. 1993 j 13
are also attached to the present report (see Annexure 1). However, it is worthwhile
here to highlight some of those proposals for, if they are not acted upon, the purposes
of the Act will continue to lend themselves to subversion.
2,12 These proposals have, inter alia, related to the following matters:
• The definition of'armed forces' [section 2.1(a)]: the Commission has proposed
that the definition should include only the 'naval, military and air forces' and
exclude the para-military forces. As indicated above, the present wording of the
Act, both in respect of section 2.1(a) and in respect of section 19, has been
seriously criticised in a variety of forums, including treaty bodies. This has had
an adverse effect on the credibility of the Government of India and on its
commitment to protect human rights. The limitations imposed on the
Commission by virtue of these provisions of the Act have also been widely and
repeatedly commented upon.
• The definition of 'International Covenants' [section 2,1(f)]: this is at present
limited to the International Covenant on Civil and Political Rights, 1966 and the
International Covenant on Economic, Social and Cultural Rights, 1966. The
Commission has proposed that the wording be expanded to include 'and any
other Covenant or Convention which has been, or may hereafter be, adopted by
the General Assembly of the United Nations.' Such a change would also be in
keeping with the law of the land as laid down in the landmark judgement of the
Supreme Court in which it was held:
'Any international convention not inconsistent with the fundamental
rights and in harmony with their spirit must be read into these
provisions to enlarge the meaning and content thereof... regard must
be had to international conventions and norms for construing
domestic law when there is no inconsistency between them and there
is a void in the domestic laws' [Vishaka vs. State of Rajasthan
1997(6)SCC 241]
• In respect of the provisions relating to the 'Constitution of a National Human
Rights Commission' [sections 3-11], the Commission has made specific
recommendations in order to further clarify the qualifications needed in respect
of its non-judicial members and to underline the need to reflect the pluralistic
character of the polity of the country in the composition. These
ANNUAL REPORT 2001-2002