and a duty to cooperate with each other to this end; in taking all necessary and effective
measures to do so, States must act in accordance with international standards of
human rights.
3.7
Since its establishment in October 1993, this Commission has consistently
taken a position in harmony with this approach. It has stated that the nation, its police
and armed forces have a duty to fight and triumph over terrorism. It has added that
this must be done in a manner that respects the Constitution of our Republic, the laws
of our land and the treaty commitments into which we have entered, which set out the
provisions of the international law and standards that we must obsenre.
3.8
When the State functions within such parameters, there should be no place for
the dichotomy that too often pits human rights proponents against the security forces.
For the combat should not be between them, The combat is, rather, between civil
society, including both human rights proponents and the security forces on the one
hand, and terrorists and their backers,on the other. When, however, those parameters
are breached, this Commissionmandall who are concerned with the upholding of human
rights - including the security forces must act to ensure that the Rule of Law prevails
and that those who breach it are subjected to the processes of law, for that is what
distinguishes a democracy, living under a Constitution freely adopted, from arbitrary and
despotic forms of government. This is why the Commission opposed the renewal of
the Terrorist and Disruptive Activities (Prevention) Act and why it insists on transparency
and accountability in the handling of allegations covering human rights violations
regardless of who is responsible for the violations.
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3.9
The Commission believes that, in the circumstances facing the country, much
would be gained by a full, open and continuing dialogue involving policy makers, human
rights proponents and members of the security forces on these questions. It has been
happy to note that both the police and the various components of the armed forces,
including the army itself, have increasingly been organizing broad-based seminars and
discussions on these subjects, often yith the participation or backing of the Commission. In November 1996, for instance, a seminar on the Indian Army and Human Rights
was inaugurated by the Prime Minister. In a special session, the Chairperson and
Members of the Commission held a most useful exchange of views with the Chief of
Army Staff and some of the senior-most officers at Army Headquarters and in the
Northern and North-Eastern Commands.
3.10
The Commission welcomes such occasions as they further transparency and