Annual Report 2009-2010
NHRC is to call on the international community to co-operate in combating terrorism. At the
same time, it has always emphasized that in doing so, the overall approach should be humane,
rational and secular.
5.7
The Commission has always taken up the cause of the victims relating to acts of
terrorism and correspondingly taken steps for providing relief and rehabilitation to them.
While condemning the killing of more than 70 CRPF personnel in Dantewada district of
Chha�isgarh in April 2010, the Commission in its press release stated “.....The police and paramilitary forces are the instruments of the State to enforce rule of law and order and thus protect human
rights of the citizens. In this process they are themselves exposed to high risks to their own lives as well as
their families. The Commission acknowledges the vital role played by the police and para-military forces
in maintaining the security of the State. It is expected that the State will take note of the sacrifices made
by the personnel of CRPF and the police in maintaining the rule of law and creating an environment of
peace and security for the citizens of the country. The Commission accords importance to the protection
of the human rights of all the citizens in the country. It needs no emphasis that the aggrieved families
would be suitably compensated.”
5.8
The Commission believes all persons responsible for acts of terrorism should be
prosecuted in accordance with the law and that the existing laws are, by and large, sufficient.
It is the firm view of the Commission that the terrorist threats under which the country is
presently reeling are of an unprecedented scale, but since the fundamental rationale of antiterrorism measures is to protect human rights and democracy, counter-terrorism measures
should not undermine democratic values, violate human rights, and subvert the rule of law.
While fighting the war against terrorism, the State cannot be permi�ed to be either selective in
its approach or to go overboard and declare a war on the civil liberties of the people.
B.
Custodial Violence and Torture
5.9
Custodial violence is a calculated assault on human dignity. The Commission has
remained deeply engaged in efforts to bring to an end the egregious violations of human
rights resulting in custodial deaths. A systematic effort to curb custodial violence has been a
major priority of the NHRC. In accordance with its guidelines, the agencies of the States/Union
Territories across the country have, by and large, been found to be prompt in informing the
NHRC, within 24 hours, about any occurrence of a death in custody. However, the subsequent
reports like inquest report, postmortem report, magisterial enquiry report, etc. are not being
received promptly in many cases.
Custodial Deaths
5.10 During the period 2009-2010, the custodial deaths that were reported to the NHRC,
two deaths allegedly occurred in the custody of defence / para-military forces, 124 deaths took
place in police custody and 1,473 deaths were in judicial custody.
84
NHRC
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