48 ... ... ... ... .. 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

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