2
...
...
...
...
..
P R E FAC E
communities. Within the past ten years, there can be no doubt that the awareness
of the rights guaranteed by the Constitution, and included in the international
instruments to which India is a State party, has increased dramatically.
This has not been unrelated to the efforts of the Commission to spread the
message of human rights throughout the country and to promote a culture of such
rights.
Indeed, and perhaps ironically, even the sharpest critics of the Commission
often speak of it as if it has been in existence since the founding of the Republic
and accuse the Commission of being unresponsive to human rights violations that
occurred long before it was even established.
Such critics are entitled to their views, but they appear to be mis-informed
about the provisions of the Protection of Human Rights Act, 1993 which expressly
preclude the Commission from inquiring into any matter "which is pending before
a State Commission or any other Commission duly constituted under any law for
the time being in force" or to inquire into any matter "after the expiry of one year
from the date on which the act constituting the violation of human rights is alleged
to have been committed." They also appear to be unaware that the Commission
sought an amendment to these provisions of the Act, along with others, over three
years ago, but that its recommendations in this respect are yet to be acted upon.
Be that as it may, the 3,75,758 cases that the Commission has registered
in the past decade indicate emphatically that the people of India are increasingly
aware of their rights, and that they want the Commission to intervene to have
their rights respected and protected.
In that sense, it can with reason be asserted that the Commission has
contributed to a deepening of the meaning of democracy in the country. Free and
fair elections are central to the concept. But democracy does not stop with electoral
triumph. It exists to ensure the rights of the people of the country, in all of their
diversity and varying aspirations. Those rights are guaranteed by independent
institutions, functioning without fear or favour.
In such a context, the rule of law is not a luxury, nor are justice and the
protection of human rights incidental issues. They are the heart and soul of the
democratic enterprise.
They are also essential to the creation of a State at peace with itself and
at peace with the world. For without justice and respect for human rights, there
can be no lasting peace, nor can a democracy be true to its intrinsic principles.
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N