26 i CIVIL LIBERTIES promulgated on 24 October 2001. While this matter is discussed more fully in Chapter VCA) of the present report, suffice it here to say that, in its Opinion of 19 November 2001, the Commission expressed its position of principle in the following terms: 'Undoubtedly national security is of primary importance. Without 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 [of the Constitution], which guarantees a life with dignity, is non-derogable. Both national integrity as well as individual dignity are core values in the Constitution, the relevant international instruments and treaties, and respect the principles of necessity and proportionality' 4.8 The Commission is convinced that a proper observance of human rights is not a hindrance to the promotion of peace and security. Rather, it is an essential element in any worthwhile strategy to preserve peace and security and to defeat terrorism. The purpose of anti-terrorism measures must therefore be to protect democracy and human rights, which are fundamental values of our society, not undermine them, even inadvertently. Further, the nature and manner of implementation of such measures must be fully consistent with this purpose, regardless of whether the measures call for greater vigilance in surveillance, the prosecution of terrorist acts under the laws of the land, or the use of force by the police or armed forces of the country to control or destroy terrorists. 4.9 It is for these reasons that the Commission continued to remind the agencies of the State that they must act in conformity with the Constitution, the laws of the land, and the treaty obligations of the country. The Commission also continued to draw the attention of the armed forces to the need to observe the guidelines laid down by the Supreme Court in respect of the Armed Forces (Special Powers) Act, 1958, and to the implications and meaning of the provisions and principles laid down in the Indian Penal Code in respect of certain situations in which the use of force can extend even to the causing of death [see Indian Penal Code, Chapter W, General Exception (acts which are not offences)]. 4.10 Furthermore, as indicated in Chapter II of this report, despite the existing inadequacies of the Protection of Human Rights Act, 1993 the Commission made clear to the highest echelons of the Ministry of Defence, including Army Headquarters, and to the Ministry of Home Affairs, the manner in which it construes the provisions of NATIONAL HUMAN RIGHTS COMMISSION

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