Annual Report 2010-2011
4.202 An increase in the activities of terrorists and Naxalites has made the role of security
forces even more demanding. They are increasingly called upon to control civil unrest,
enhance security at important places and also to control and maintain law and order whenever
required.
4.203 The United Nations General Assembly adopted a Resolution 34/169 on 17 December
1979 that all security personnel shall respect and protect human dignity and uphold the human
rights of all persons. Towards this objective, they are expected to abide by the international
conventions against torture and other cruel punishments and the principles of international
cooperation in detention, arrest, and extraditions.
4.204 The Commission is of the firm view that proper observance of human rights is not a
hindrance to the promotion of peace and security. Rather, it is an essential element in any
worthwhile strategy to preserve peace and security and to defeat terrorism. The purpose
of anti-terrorism measures must, therefore, be to protect democracy, rule of law and human
rights, which are fundamental values of our society and the core values of the Constitution.
4.205 The Commission from time to time has reiterated that terrorism creates an environment
that destroys the right of people to live in freedom from fear. Terrorism’s goal is to destroy
the very fabric of democracy. It has today emerged as a serious threat to humanity. India
remains an important ally in the global war on terrorism. It has fought against terrorism for
over fifty years and has learnt a great deal from its successes and failures. The endeavour of the
Commission is to call on the international community to co-operate in combating terrorism. At
the same time, the Commission has always emphasized that in doing so, the approach should
be humane, rational and secular.
4.206 The Commission has always taken up the cause of the victims of acts of terrorism and
has taken steps for providing relief and rehabilitation to them. It believes that all persons
responsible for acts of terrorism should be proceeded against in accordance with the law
and that the existing laws are, by and large, sufficient. It is the firm view of the Commission
that though the terrorist threats we are facing now are of an unprecedented scale, but since
the rationale of anti-terrorism measures is to protect human rights and democracy, counterterrorism measures should not undermine democratic values, violate human rights, and
subvert the rule of law. While fighting the war against terrorism, the State cannot be permitted
to be either selective in its approach or go overboard and declare a war on the civil liberties of
the people.
1.
Death of Abdul Rehman Dar in Cross-fire between Militants and Security Forces in Jammu &
Kashmir (Case No. 55/9/2002-2003)
4.207 The Commission received a complaint dated 21 May 2002 wherein it was alleged that
human rights abuses were being committed in the State of Jammu & Kashmir by the security
forces and the police. In the complaint, reference had been made about 22 such incidents. Out
of these, 16 were connected with the State Police and the remaining six were related to the army,
which comes under the Union List. Out of these, the cases were closed by the Commission in
18 incidents, on receipt of reports from the State Government.
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NHRC