CIVIL LIBERTIES
military forces, made specific recommendations in respect of 3 cases, requiring the
payment of compensation or the launching of proceedings against personnel held to
be responsible for the violation of human rights. The army, for its part, informed the
Commission of the investigations it had undertaken into such violations by its own
personnel. It stated that it had registered 120 such complaints in 2000-2001, of which
96 related to Jammu and Kashmir and 26 to the North-Eastem States. In one case,
where rape had occurred, an officer of the rank of Captain was found to be guilty and
sentenced to 7 years rigorous imprisonment; he is to be cashiered. As far as the para
military forces are concerned, the Border Security Force, stated that only one
complaint was registered by it, in Jammu and Kashmir, relating to house-breaking and
attempted rape. The proceedings had been completed but the decision had yet to be
announced. No information was received from the other para-military forces. This
confirms, once again, the greater diligence and transparency of the army in dealing
with human rights complaints when compared with the para-military forces. It also
re-inforces the argument that it is necessary to amend the definition of'armed forces',
as at present contained in the Protection of Human Rights Act, 1993 along the lines
proposed by the Commission, so that the restrictive procedures of Section 19 of the
Act do not apply to the para-military forces.
3.22 The Commission remained in touch with the competent authorities at the Statelevel, both in Jammu and I^hmir and in the North-Eastem States, in respect to the
broad range of human rights issues facing them, particularly matter involving the
relationship and responsibilities of civil and military authorities in countering
insiugency and terrorism, and the need to observe the guidelines set down by the
Supreme Court in respect of the Armed Forces (Special Powers) Act, 1958.
3.23 The Chairperson of the Commission personally visited the State of Jammu and
Kashmir in Febmary 2000. A thorough review was made, on that occasion, of the
status of compliance in respect of complaints received by the Commission and the
adequacy or otherwise of investigations conducted: the acts of violence and terror
committed by the militants; the allegations of excesses committed by the armed forces
and police; the procedures to be followed in reporting on custodial deaths; the
adoption and use of the model autopsy form devised by the Commission; the
translation of publications of the Commission, notably the Guidelines on Arrest, into
the language of the State; the constituting of the District Complaints Authority;
arrangements for the rehabilitation of militancy-affected persons, orphans and
destitute women; the establishment of juvenile homes; and the ending of manual
scavenging, among other issues.
ANNUAL REPORT 2000-2001
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