26 i CIVIL LIBERTIES
promulgated on 24 October 2001. While this matter is discussed more fully in Chapter
VCA) of the present report, suffice it here to say that, in its Opinion of 19 November
2001, the Commission expressed its position of principle in the following terms:
'Undoubtedly national security is of primary importance. Without
protecting the safety and security of the nation, individual rights cannot be
protected. However, the worth of a nation is the worth of the individuals
constituting it. Article 21 [of the Constitution], which guarantees a life with
dignity, is non-derogable. Both national integrity as well as individual
dignity are core values in the Constitution, the relevant international
instruments and treaties, and respect the principles of necessity and
proportionality'
4.8 The Commission is convinced that a proper observance of human rights is not
a hindrance to the promotion of peace and security. Rather, it is an essential element
in any worthwhile strategy to preserve peace and security and to defeat terrorism. The
purpose of anti-terrorism measures must therefore be to protect democracy and
human rights, which are fundamental values of our society, not undermine them,
even inadvertently. Further, the nature and manner of implementation of such
measures must be fully consistent with this purpose, regardless of whether the
measures call for greater vigilance in surveillance, the prosecution of terrorist acts
under the laws of the land, or the use of force by the police or armed forces of the
country to control or destroy terrorists.
4.9 It is for these reasons that the Commission continued to remind the agencies of
the State that they must act in conformity with the Constitution, the laws of the land,
and the treaty obligations of the country. The Commission also continued to draw the
attention of the armed forces to the need to observe the guidelines laid down by the
Supreme Court in respect of the Armed Forces (Special Powers) Act, 1958, and to the
implications and meaning of the provisions and principles laid down in the Indian
Penal Code in respect of certain situations in which the use of force can extend even
to the causing of death [see Indian Penal Code, Chapter W, General Exception (acts
which are not offences)].
4.10 Furthermore, as indicated in Chapter II of this report, despite the existing
inadequacies of the Protection of Human Rights Act, 1993 the Commission made clear
to the highest echelons of the Ministry of Defence, including Army Headquarters, and
to the Ministry of Home Affairs, the manner in which it construes the provisions of
NATIONAL HUMAN RIGHTS COMMISSION