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

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