Annual Report 2008-2009
(Investigation) upon the retirement of the latter.
in the Commission.
Shri A.K. Garg continued as Registrar (Law)
The current Annual Report gives a description of the Commission’s efforts to fulfill the
mandate conferred on it by the PHRA, the objective of which is to ensure the ‘better protection
and promotion’ of human rights in the country. There is no denial of the fact that the objective
assessment of the Commission’s work must come from the people of India, whom it seeks to
reach out and serve amid multiplicity of cultures and varying circumstances. Given the range
of issues that the Commission has dealt with and the variety of expectations concerning it,
different views have been expressed with regard to its overall approach and functioning.
1.6
1.7
This kind of a mixed reaction from the people at large is justified. At the same time, it is
indicative of the fact that an institution that was unknown sixteen years ago is now very much
part of life of the nation, and increasingly, of consequence to the quality of its governance.
1.8
Each day, hundreds of our fellow citizens seek the intervention of the Commission for
redressal of their grievances, stemming from what they perceive to be the violation of their
human rights. They belong to all parts of the country irrespective of the fact whether there is a
State Human Rights Commission or not. This again denotes that awareness of the rights
guaranteed by the Constitution, and included in the international instruments to which India is
a State Party, has increased manifold.
1.9
Indisputably, NHRC has played a predominant role in promoting and spreading a culture
of human rights across the country. In that sense, it can be stated with conviction that the
Commission has immensely contributed to a deepening of the meaning of democracy and rule
of law in the country. It has time and again ensured that human rights entail both rights and
obligations. States assume obligations and duties under international and national law to respect,
to protect and to fulfill human rights. The obligation to respect means that States must refrain
from interfering with or curtailing the enjoyment of human rights. The obligation to protect
requires States to protect individuals and groups against human rights abuses. The obligation
to fulfill means that States must take positive action to facilitate the enjoyment of basic human
rights. At the individual level too, while we are entitled to our human rights, we should also
respect the human rights of others so that justice and respect for human rights march hand-inhand for the greater good of the country.
1.10 It is precisely these concerns that have over the years relentlessly driven the NHRC to
insist that those responsible for human rights violations, be it in any part of the country, must be
held accountable for their acts. Only when it is clear that no one is above the law, will those who
may be inclined to commit serious crimes and human rights violations be deterred from doing
so.
10