10 i EXPERIENCE OF THE WORKING OF THE PROTECTION OF HUMAN RIGHTS ACT. 1993
procedures germane to the 'better protection' of human rights. In other words, that it
was necessary to. hold accountable and to bring to justice those who had been
responsible for the violation of such rights, to redress the grievances of those who had
been wronged, to provide them—when needed — with immediate interim relief, and
to do away with the shroud of secrecy and lack of information behind which violators
of human rights had historically, and in all societies, sought refuge.
Fifth, the Statement saw the need for the devising of methods that would be
more 'efficient and effective' in furthering the 'better protection' of human rights. It
recognised that existing laws, procedures, and the system of administration of justice
needed to be reviewed. The fulfilment of these high purposes thus became the
legitimate concern of the Commission under the provisions of the Act.
2.5 By the sixth year of its functioning, it became increasingly clear to the
Commission that certain provisions of the Act required to be re-examined as they
were, in fact, tending to militate against the purposes of the Act itself and lending
themselves to being used, on occasion, to thwart the endeavours of the Commission
to provide for the 'better protection' of human rights in the country. The Commission
therefore requested a former Chief lustice of India to head a high-level Advisory
Committee to assess the need for structural changes and amendments to the Act. The
advice of that Advisory Committee was given to the Commission in October 1999 and
considered by the Commission in February 2000. After a clause by clause discussion
of the Act, the Commission formulated its views on the amendments that were
required to be made to the Act, keeping in view the major impediments and structural
inadequacies experienced by the Commission over a course of seven years in
operating the Act. Only then, in March 2000, did the Commission transmit its
proposals regarding the amendments required to the Act to the Central Government.
2.6 It is a matter of deepest regret to the Commission that, over two years later, those
proposals are still pending consideration before the Central Government, despite the
Chairperson having personally drawn attention to this matter, both publicly and
privately, at the highest reaches of Government. The formal position thus far taken by
the Central Government is contained in its Memorandum of Action Taken of April
2002, which was submitted to Parliament in respect of the Commission's annual
report for the year 1999-2000. In that Memorandum, it is stated:
'The suggested amendments are very sensitive and have far reaching
consequences. Therefore they have to be examined by the Government
NATIONAL HUMAN RIGHTS COMMISSION