REVIEW OF LAWS. IMPLEME
NTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS OF HUMAN RIGHTS
in respect of the Prevention of Terrorism Ordinance, 2001 is in
continuation of the Commission's earlier opinions, and the Commission's
views on such a measure remain unchanged.
Undoubtedly, national security is of paramount importance. WTithout
protecting the safety and security of the nation, individual rights cannot be
protected. However, the worth of a nation is the worth of the individuals
constituting it. Article 21, which guarantees a life with dignity, is nonderogable. Both national integrity as well as individual dignity are core
values in the Constitution, and are compatible and not inconsistent. The
need is to balance the two. Any law for combating terrorism should be
consistent with the Constitution, the relevant international instruments
and treaties, and respect the principles of necessity and proportionality.
The National Human Rights Commission, therefore, reiterates its earlier
view in respect of the Ordinance also.'
5.4 For ease of reference, the Opinion of the Commission on the Prevention of
Terrorism Bill 2000, is also being attached to the present report in full, as Annexure 4.
5.5 Subsequent to the promulgation of the Prevention ofTerrorism Ordinance, 2001,
an effort was made to replace it by a Prevention of Terrorism Bill, 2001. That Bill,
however, could not be introduced and considered by the Lok Sabha during its winter
session before Parliament was adjourned sine die on 19 December, 2001. The
Prevention of Terrorism (Second) Ordinance, 2001 was therefore promulgated on 30
December, 2001. Thereafter, on 26 March 2002, the Prevention of Terrorism (Second)
Ordinance, 2001 was enacted into a Law following a Joint Session of Parliament.
5.6 The Commission would like to observe that it respects and honours the
constitutional process leading to the adoption of this Act, even if it has made known
its opposition to the contents of the Act. The Commission retains, however, the
responsibility under its own Statute to ensure that the Act is not implemented in a
manner that is violative of the Constitution and the treaty obligations of the coimtry.
The Commission will, therefore, monitor the use of this Act carefully.
ANNUAL REPORT 2001-2002
49