NATIONAL HUMAN RIGHTS
COMMISSION, INDIA
CHAPTER
4
CIVIL AND POLITICAL RIGHTS
A. Terrorism and Militancy
4.1
Today, India is facing a daunting challenge of protecting the human rights of a common man
on the face of terrorism. With the grim spectre of terrorism continuing to target innocent and
defenceless people, the task of protection of human rights has become all the more challenging.
4.2
A peaceful society rests on the pillars of justice and individual’s accountability. The concern for
justice has been of paramount importance, while dealing with the vexed issue of terrorism. In
most of the tragedies associated with terrorism, it is mostly the common people, whose rights
are violated.
4.3
An increase in the activities of terrorists and Naxalites has made the role of security forces even
more demanding. They are increasingly called upon to control civil unrest, to enhance the
security at important places and also to control and maintain law and order whenever required.
4.4
The Commission is of the firm view that 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 democracy, rule of law and human rights, which are
fundamental values of our society and the core values of the constitution.
4.5
The Commission from time to time has reiterated that terrorism creates an environment that
destroys the right of people to live in freedom from fear. Terrorism’s goal is to destroy the very
fabric of democracy and society. India remains an important ally in the global war on terrorism. It
has fought against terrorism for more than fifty years and has learnt a great deal from its success
and failures. The endeavor of the Commission is to call upon the international community to cooperate in combating terrorism. At the same time, the Commission has always emphasized that
in doing so, the approach should be human, rational and secular.
B.
Custodial Violence and Torture
4.6
Custodial violence and torture is so rampant in this country that it can be seen as embedded
in the normal way of life. It represents the worst form of excesses by public servants entrusted
with the duty of law enforcement. The Commission regards crimes like rape, molestation,
torture, fake encounter in police custody as manifestations of a systemic failure to protect
human rights of one of the most vulnerable and voiceless categories of victims. Therefore, the
Commission is deeply committed to ensure that such illegal practices are stopped and human
dignity is respected in all cases. Besides awarding compensation to the victims or next of their
kin, the Commission’s efforts are also geared towards bringing an end to an environment in
34
ANNUAL REPORT 2018-19