C I V I L L I B E RT I E S
4.61 It remains essential, therefore, in the view of the Commission, that
greater importance be given to the quality and commitment of those who are
appointed to head these cells, and that those so appointed receive the
administrative support that they need both in terms of material and personnel
resources. The Cells can and do play an important role in furthering the
protection of human rights in the States. The greater the reason, therefore,
that their standards should, in all respects, be of the highest. The Commission
thus urges all State Governments to ensure that the quality of these Cells is
maintained at the highest level. The Commission remains of the opinion that
the Cells constitute a vital link in the chain of institutional mechanisms to
further the better protection of human rights in the country.
F] Human Rights and Administration of the
Criminal Justice System
4.62 The Commission has, in successive reports, made extensive
recommendations aimed at reforming certain aspects of the administration of
the criminal justice system in the country, so as to make it more sensitive to
human rights considerations.
4.63 In its Memorandum of Action Taken on the Commission's annual report
for 2000-2001, the Central Government has stated that, in order to strengthen
and improve the system, a number of steps have been taken. It is thus
indicated that 900 fast track courts are now functioning and 421 such courts
are likely to be functional soon. The expectation is expressed that these courts
will dispose of long-standing sessions cases, important criminal cases and other
civil cases during the period 2000-2005.
4.64 The Commission welcomes these developments. It would, however, like
to observe that an increase in the number of fast track courts will not, by itself,
result in an improvement in the quality of the criminal justice system. Most
conspicuously, as far as human rights are concerned, the Commission has
observed, and this report has recorded specific instances elsewhere in this
document, that the failure to investigate properly, compounded by the failure
to prosecute diligently, and the failure to provide protection to witnesses and
victims, can lead to a failure to provide fair trial. It therefore remains essential,
in the view of the Commission, that a comprehensive approach be adopted in
seeking to reform and revitalize the administration of the criminal justice
system in the country.
ANNUAL REPORT 2002-2003
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