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C I V I L L I B E RT I E S
are aimed at providing safeguards against its possible misuse. The
Commission, however, is of the view that these safeguards are insufficient.
It therefore remains the duty of the Commission to monitor the
implementation of the Act with vigilance and to ensure that the
provisions of the Act are not abused or human rights violated.
(vi)
The Commission, therefore, reiterates that there is no change in the stand
that it has taken earlier in respect of the Prevention of Terrorism Act."
4.16 In the light of this position, the Commission has 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. Further, the
Commission has continued to act promptly in respect of all complaints received
from areas affected by terrorism or insurgency, pursuing to the full the
possibilities open to it under the Protection of Human Rights Act, 1993, despite
the limitations of that Act.
4.17 In the course of the year under review, the human rights situation in
Jammu & Kashmir continued to receive the close attention of the Commission.
A number of favourable developments eased the political situation in the State.
In a resounding triumph for democracy, free and fair elections were successfully
held in the State in October 2002 despite the menacing threats of terrorists
and their masters. New policies were then introduced by the incoming
government with the avowed purpose of providing a 'healing touch.' Further,
for its part, the Central Government took a series of steps in respect of
Kashmir. For instance, on 22 July 2002, Shri Arun Jaitley, Member of
Parliament, was appointed Representative of the Government of India for
holding discussions with nominees of the State Government and other relevant
groups/persons on the issue of devolution of powers with regard to Jammu &
Kashmir and matters related thereto. Subsequently, Shri N.N. Vohra, who had
formerly served as Union Home Secretary and Principal Secretary to the Prime
Minister, was asked to initiate and carry forward a dialogue with the elected
representatives, various organizations and concerned individuals in the State
of Jammu & Kashmir.
4.18 Despite these positive developments, according to figures released by
Government of India, 4038 incidents were recorded during the year 2002
involving militants; the number of civilians killed was 1008 compared to 996
in the preceding year; the security forces themselves took 453 casualties,
compared to 536 in the previous year; while 1,707 militants were killed,
including 508 who were foreigners.
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