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52 i REVIEW OF LAWS. IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS OF HUMAN RIGHTS I
D] Implementation of Treaties and Other
International Instruments
5.14 Under Section 12(f) of the Protection of Human Rights Act, 1993, the Commission
has a statutory responsibility to study treaties and other international instruments on
human rights and make recommendations for their effective implementation.
5.15 During the period under review, the Commission regrets to note that little
substantial progress has been made in respect of the treaties/instruments to which
it had drawn attention in its annual report for the year 2000-2001. These included
the following:
1)
Protocols to the Convention on the Rights of the Child
5.16 The Commission had recommended that Optional Protocols 1 and 2 to the
Convention on the Rights of the Child, dealing respectively with the sale of children,
child prostitution and child pornography and the involvement of children in armed
conflicts, be examined by the Government of India. Specifically the Department of
Women and Child Development and the Ministry of External Affairs were requested to
take the appropriate action. The Memorandum on Action Taken, however, indicates
no further developments in regard to this matter, though the Optional Protocol 2,
concerning children in armed conflict, came into force on 12 February 2002. The
Commission therefore considers it necessary to reiterate its recommendation that
both the Optional Protocols be adopted by the Government of India and appropriate
action taken to this end.
2)
Protocols to the Geneva Convention
5.17 There has been no substantive response from the Government of India in
respect of the 1977 Protocols to the Geneva Convention of 1949 despite reminders.
The Commission therefore once again urges the Government to examine these
Protocols expeditiously and to offer its comments to the Commission at the earliest.
NATIONAL HUMAN RIGHTS COMMISSION