12 :
CIVIL LIBERTIES
3.6 In that same Opinion, the full text of which may be seen at Annexure 2, the
Commission had also stated that, '...consistent with the view that it took in respect of
TADA, the Commission is now unanimously ofthe considered view that there is no need
to enact a law based on the Draft Prevention of Terrorism Bill, 2000 and the needed
solution can be found under existing laws ifproperly enforced and implemented, and
amended, if necessary. The proposed Bill, if enacted, would have the ill-effect of
providing unintentionally a strong weapon capable of gross misuse and violation of
human rights which must be avoided particularly in view of the experience of the
misuse in the recent past of TADA and earlier ofMlSA in the emergency days.'
The Commission accordingly noted with regret, 'its inability to agree with the
opinion ofthe Law Commission in its 173 rdReport'and recommended 'that a new law
based on the Draft Prevention of Terrorism Bill, 2000 be not enacted.'
Such a course, the Commission stated, was, 'consistent with our country's
determination to combat and triumph over terrorism in a manner also consistent with
the promotion and protection ofhuman rights.'
3.7 Indeed, over the past years, the Commission has steadily maintained that the
war against terrorism must be fought boldly and won. But this duty, for all of the
difhculties it entails, must be accomplished in a manner that accords with an
uncompromising adherence to the provisions of the Constitution of our Republic, the
laws of oiu land, and the relevant international instruments, including those on
human rights, to which India is a State party. The Commission is convinced, and has
so stated, that the menace of terrorism must be fought by the combined efforts of all
elements of society, not by the armed forces and police alone. That is why it has
stressed the importance of the political, economic and social dimensions of the
problem and also urged that it is essential — in the interests of winning the fight — to
ensure transparency and accountability in dealing with those who may be guilty of
human rights violations.
3.8 During the course of the year under review, the human rights situation in Jammu
and Kashmir remained fraught with difficulties, requiring the utmost attention of the
Commission. According to figures released by the Government of India, 762 civilians
were killed in the State as a result of the acts of militants in the course of the year 2000.
Of them, 563 were Muslims, the others being Hindus or Sikhs. A deliberate attempt
was made, on occasion, to heighten differences along communal lines in the State.
Thus, 35 Sikhs were killed in the village of Chittisinghpora on 20-21March 2000. On 24
NATIONAL HUMAN RIGHTS COMMISSION