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T E N Y E A R S O F T H E C O M M I S S I O N I N R E T RO S P E C T
dignity, the defence of which is at the core of the Commission's vocation and
at the heart of the Constitution of our Republic.
2.17 In the paragraphs that follow, an attempt is made to provide a summary
of the major positions and actions that the Commission has taken in respect
of these concerns.
1) Terrorism & Human Rights
2.18 The Commission has repeatedly and unequivocally condemned all acts of
terrorism, and those who perpetrate such acts, as deeply hostile to human
rights, including the most fundamental of all rights, the right to life itself. The
Commission has therefore focused on the grave challenge posed by such acts
with great care, enunciating its position on the principles that should guide
the country in dealing with this menace.
2.19 While the Commission is convinced that the battle against terrorism must
be fought boldly and won, it has taken the position that the Constitution of
our country has, as its core values, both the defence of national integrity and
of individual dignity; these were not incompatible as objectives but entirely
consistent with each other; that there was a need to balance the two; and that
any law or measures devised to combat terrorism had to be in harmony with
the Constitution, the international treaties to which India was a party, and
respectful of the principles of necessity and proportionality.
2.20 The position of the Commission has found expression, over the years,
inter alia, in a letter that was addressed by its Chairperson to all Members
of Parliament on 20 February 1995, urging that the Terrorist & Disruptive
Activities (Prevention) Act, 1987 be not renewed. It was subsequently expressed
in detail in Opinions that the Commission recorded on 14 July 2000 and 19
November 2001 in respect of the Draft Prevention of Terrorism Bill, 2000, and
the subsequent Prevention of Terrorism Ordinance, 2001, both of which it
opposed. More recently, the position of the Commission has been set out
comprehensively in a statement of 21 February 2003. All of these texts are
available on the web-site of the Commission (www.nhrc.nic.in).
2.21 The Commission has been especially concerned that the rights of the
victims of terrorism must be protected and that every possible assistance
should be accorded to them by the State, whether at the level of the Central
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N