Review of Laws, Implemeitation of Treaties and Other International Instruments of Human Rights □ To amend Secion 36( 1) to provide for the NHRC to take cognizance of and inquire into violations of human rights, not>vithstanding the cognizance taken thereof, by a State Human Rights Commission or any other Commission (excluding a Commission appointed under Commission of Inquiries Act), vk^ith a view to providing the Commission an overarching ability to oversee the issues of human rights violations anc their remedies. □ To add a prcviso to Section 36(1) to provide for the NHRC to entertain, either suo motu, or at the instance of an aggrieved person, any matter already considered and decided by any other Commission except on the question of quantum of compensatioB, with a view to giving the Commission, a certain power of judicial sujjerintendoice and powers similar to those exercised by the Supreme Court visi-vis the Hi^ Courts imder Article 136 of the Constitudon, in order to prevent any miscarriage of justice in any case of human rights violation. 4.6 The full text of the recommendations made by NHRC for Amendments to the Protection of Human Rights Act 1993 with the reasons thereof, may be seen in Annexure XII. IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS 4.7 Under Sectkn 12(f) of the Protection of Human Rights Act, 1993, the Commission has a statutory rsponsibility to study treaties and other international instruments on human rights an4 make recommendations for their effective implementation. 4.8 During the oeriod under review, the Commission condnued to urge the Central Government to jroceed with the ratification of the Convention against Torture and Other Forms of Jruel, Inhuman or Degrading Punishment or Treatment, which was signed by India on 14 October 1997. The Commission was earlier informed by the Government of lidia that the quesdon of introducing a definition of torture in Indian legislation was being examined in consultation with the concerned ministries and departments. TTi:? Commission is of the view that the protracted delay in ratification does no credit to the :ountry, and sends an ambiguous message regarding the commitment of the Government to respect the provisions of this Convention, when Article 21 of the Constitution already covers this area effectively. The Right against Torture has been judicially recogtxzed by the Apex Court as a Fundamental Right, making that right and the corresponding obligation on the State and its agencies a fundamental entrenched right. The Commission, therefore, would like to reiterate, in the clearest terms, that the delay in ratificaaon should end and that the Government should complete the process without further damage to the good faith of the country. 4.9 The Comrmission's views in regard to the need for India to develop a national policy and possibly a national law, fully in consonance with the 1951 United Nations Convention relating to the Status of Refugees and the 1967 Protocol on the subject have been 49