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CIVIL LIBERTIES
woman on 23.8.2003. Chairperson, NHRC being deeply concerned with the allegations
relating to alleged violation of Human Rights by the security forces, took up the matter
with the Chief of Army Staff in March, 2004. The Chief of Army Staff, General N.C. Vij,
by his letter dated 06 April, 2004 informed the Chairperson, NHRC, “Please be rest assured
that Human Rights figure very high in our operational matrix and we remain committed
to do everything possible to further improve our track record in this field”. The Army Chief
gave details of the action taken against officers of different ranks for violation of Human
Rights. He also informed Chairperson, NHRC vide another letter dated May 24, 2004 that
with a view to prevent violation of Human Rights and sensitise officers posted in the field
officers of the rank of Colonel have been specifically designated at various headquarters.
4.9 The Commission takes this opportunity to once again draw attention to its earlier
recommendations in respect of the armed forces made in its preceding report, including
inter-alia its view that the central government should direct the armed forces, including
the para-military forces to report to the Commission- as does the police- any case of death
of a person while in custody. This requirement, if observed, would go a long way towards
ending acts of custodial violence and the possibility of extra judicial killings. Such a
development could transform the conduct of the armed forces including the para military
forces and also incidentally reduce any allegations brought against them of violence of this
kind, which is impermissible under the law of our land and contrary to the principles of
the international human rights law and humanitarian law.
4.10 Throughout this period and despite this climate of violence, the Commission pursued
its responsibility to promote and protect human rights throughout the Country. For its part,
the Commission continued to take action both suo-motu and on the basis of complaints on
reports of human rights violation in the State.
4.11 In the course of the year, it received a total of 214 complaints alleging violations in
the State of J&K. Each of these complaints was processed with promptness. Whenever, the
Commission considered it necessary, notices were issued to the concerned authorities of the
State Government, the Ministry of Home Affairs and the Ministry of Defence calling for
the submission of detailed investigation reports. In other cases, the State authorities were
themselves directed to look into the grievances, remedy them and report back to the
Commission on the action taken.
4.12 In instances, when the Commission reached the conclusion that the reports received
were evasive, unconvincing or inadequate, it called for further information on the basis of
a careful analysis of these reports, often by its own Investigation Division. On many
occasions, the Commission interacted with the complainants, advising them of the efforts
made and eliciting their response in respect of the investigations conducted and the reports
received. The complaints covered a wide range of allegations, including those of enforced
NATIONAL HUMAN RIGHTS COMMISSION