EXPERIENCE OF THE WORKING OF THE PROTECTION OF HUMAN RIGHTS ACT. 1993 j 15
• A repetitive problem has arisen because the present wording of section 20 of the
Act has permitted delays to occur in the tabling of annual reports of the
Commission before Parliament, together with the Memorandum of Action
Taken. The report for 1997-98 was transmitted to the Central Government on 8
March 1999. It was tabledinParliament inMarch 2000, a year later. The report for
1998-99 was transmitted to the Central Government on 9 November 1999. It was
tabled in Parliament in December 2000, over a year later. The report for 19992000 was transmitted to the Central Government on 29 March 2001. It was tabled
in Parliament in April 2002, again over a year later. While the Memorandum of
Action Taken of April 2002 states that delays have occurred because printed
copies of annual reports were received late by the Central Government, the
regrettable fact remains that successive annual reports of the Commission have
not been made available to Parliament or the public in a timely manner. This has
not furthered the 'better protection' of human rights, or greater accountability or
transparency. Nor do such delays indicate that greater effectiveness and
efficiency are being brought to bear in dealing with the human rights situation.
The delays, in fact, have also amounted to a denial of the Right to Information of
the people of this coimtry. The annual reports of the Commission are widely read
by human rights activists, scholars and others, both at home and abroad, as also
by international human rights bodies, including treaty bodies. It was for this
reason that, consistent with the purposes of the Act, the Commission had
recommended that section 20(2) of the Act be amended to read:
'The Central Government and the State Government as the case may
be, shall within a period of three months from the date of receipt of
such report cause the annual and special reports of the Commission to
be laid before each House of Parliament or the State Legislature
respectively, as the case may be, along with a Memorandum of Action
Taken or proposed to be taken on the recommendations of the
Commission
and the
reasons
for
non-acceptance
of
the
recommendations, if any. Provided that where such report is not laid
before the Houses of Parliament or the State Legislature, as the case
may be, within that period, it shall be open to the Commission to
publish such reports'
• The Commission has observed that, nine years after the Act was passed, the
provisions of section 30 providing for the 'speedy trial of offences arising out of
violation of human rights' through the notification of a Court of Session in each
ANNUAL REPORT 2001 -2002