EXPERIENCE OF THE WORKING OF THE PROTECTION OF HUMAN RIGHTS ACT, 1993 j 11 thoroughly from various angles in view of the internal security situation in the country, widespread politicization of human rights issues, socio political and economic conditions. Accordingly, a Committee of Joint Secretaries headed by a Special Secretary in MHA was set up. The Committee in its four meetings held on 20.7.2000,1.11.2000,16.2.2001 and 13.7.2001 considered the amendments proposed by the Commission. The Committee will shortiy finalise its recommendations for the consideration of the Government.' 2.7 Despite the fact that the position of the Central Government has yet to be finalised, the Memorandum of Action Taken of April 2002 nevertheless has this to say in respect of section 19 of the Act which sets down the procedure to be followed in relation to the armed forces: 'the present system of enquiry by the forces and punishment of the guilty persons has been working satisfactorily and, in view of this, it is felt that there is no need at the present stage to change the procedure that has already been spelt out in the Protection of Human Rights Act, 1993 for dealing with armed forces. It is reiterated that the Government of India is transparent in dealing with complaints and there is no apprehension on this account' 2.8 For the Commission, chaired by a former Chief Justice of India and having the kind of membership required by its Statute, such a method of responding to its recommendations is incomprehensible. This is especially so since the daily experience of the Commission, now in the ninth year of operating under the present provisions of the Act, points to a totally different conclusion. It is not the view of the Commission that the 'present system' of enquiry into allegations of human rights violations by the armed forces is working satisfactorily. The Government is fully aware that section 19 of the Act, as at present worded, prevents the Commission from itself initiating an inquiry into, or investigating, the violation of human rights by the armed forces and that this provision has been widely criticised both at home and abroad. Yet, spokespersons of the Government, even at the highest levels, have frequently referred to the existence of the Commission and its powers under the Act as a sure defence against the violation of human rights by the armed forces when allegations of such violations are brought against them. The Commission finds this tendency to use it to provide an alibi for possible wrong-doing by the armed forces disturbing, to say the least. This is more so since the Commission clearly considers the 'present system' ANNUAL REPORT 2001-2002