C I V I L L I B E RT I E S
which it opposed, as it had, in February 1995, opposed the continuance
of the Terrorist & Disruptive Activities Act (TADA). The full text of the
Opinions of the Commission may be seen on its web-site www.nhrc.nic.in.
(ii)
The essence of the Commission's view is expressed in its Opinion of 19
November 2001, in which it is, inter alia, stated:
'Undoubtedly, national security is of paramount importance. Without
protecting the safety and security of the nation, individual rights
cannot be protected. However, the worth of a nation is the worth
of the individuals constituting it. Article 21, which guarantees a life
with dignity, is non-derogable. Both national integrity as well as
individual dignity are core values in the Constitution, and are
compatible and not inconsistent. The need is to balance the two.
Any law for combating terrorism should be consistent with the
Constitution, the relevant international instruments and treaties,
and respect the principles of necessity and proportionality.
The National Human Rights Commission, therefore, reiterates its earlier
view in respect of the Ordinance also.'
(iii)
Subsequent to the promulgation of the Prevention of Terrorism Ordinance,
2001, an effort was made to replace it by a Prevention of Terrorism Bill,
2001. That Bill, however, could not be introduced and considered by the
Lok Sabha during its winter session before Parliament was adjourned
sine die on 19 December, 2001. The Prevention of Terrorism (Second)
Ordinance, 2001 was therefore promulgated on 30 December, 2001.
Thereafter, on 26 March 2002, the Prevention of Terrorism (Second)
Ordinance, 2001 was enacted into a Law following a Joint Session of
Parliament.
(iv)
The Commission therefore took the position that it respects the
constitutional process leading to the adoption of this Act, even though it
had made known its opposition to the contents of the Act before it was
enacted. The Commission retains the responsibility under its own Statute
to ensure that the Act is not implemented in a manner that is violative
of human rights, the Constitution and the treaty obligations of the
country.
(v)
The Commission has noted in this connection that, when compared with
TADA, the Prevention of Terrorism Act does contain some provisions that
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