EXPERIENCE OF THE WORKING OF THE PROTECTION OF HUMAN'RIQHTS ACT,-1993 : 17
considers it essential that certain powers of judicial superintendence, and
powerssimilar to those under Article 136 of the Constitution, are provided to the
National Human Rights Commission in order to prevent the adoption of
erroneous positions in respect of violations of human rights, or the taking of
actions by a variety of Commissions in ways that are contrary to established
principles of human rights law and jurisprudence.
• The Commission also believes that the provisions of section 36(2) need to be
modified in the interests of justice where, for any reason, the National
Commission or a State Commission, is satisfied, for reasons that should be
recorded, that there are good and sufficient reasons for taking cognisance, of a
matter after the expiry of one year. In respect of this provision, too, the
Commission has made a specific suggestion as to the wording of the
amendment that is required.
• The Commission has, further, taken the view that the present section 37 of the
Act should be omitted. Instead, it has proposed the inclusion of a provision
similar to Article 139A of the Constitution, as that would enable the National
Human Rights Commission in appropriate cases, to establish uniformity in
respect of the handling cases that raise similar issues.
2.13 The indication given above of the provisions of the present Act to which
amendments have been proposed by the Commission is not exhaustive. As indicated
earlier, the entire list of amendments submitted to the Central Government is annexed
to this report. But the illustrations provided in this narrative relate to provisions that
have been used, in the past nine years, to frustrate the deeper purpose of the Act itself,
and, on occasion, to block the endeavours of the National Human Rights Commission.
It is for this reason that the anomalies in the Act and its working have been elaborated
in this report. A qualitative change is required both in the Act and in the sensitivity
with which the Central and State Governments view their responsibilities imder it. The
same applies to the nature of the manner in which they extend their cooperation to
the National and State Human Rights Commissions.
2.14 The succeeding chapters of this Report will, as needed, dwell on these matters
further, illustrating the situation with specific instances of the efforts of the
Commission and the difficulties faced by it.
2.15 Suffice it to say, at this stage, that the language of the Statute must be such as to
ANNUAL REPORT 2001-2002