PREFACE
a wide range of legislative, procedural, economic and other measures to prevent,
prohibit and criminalize terrorist acts. A global war against terrorism was declared.
And India, which had been the victim of vicious acts of terrorism since the 1980s, and
had often fought that war alone, found itself in the centre of the conflict, in a battle
that had to be fought and won. This, the Commission fully understood and
recognised; for the right to life — which terrorists hold in contempt — is the most
basic of all rights, without which human beings can exercise no other right.
It was not always easy, however, given the compulsion of circumstances, for
those in authority to hold steadfastly to the view that the purpose of anti-terrorism
measures must be to protect democracy and human rights and not undermine them,
even inadvertently. For its part, the Commission held to its position that the
Constitution of our country had, as its core values, both the defence of national
integrity and of individual dignity; that the security of the State and the security of the
individual were not incompatible as objectives, but entirely consistent with each
other; that there was 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.
The virtue of periods of challenge is that they compel both individuals and
institutions to define their true character and purpose. The year 2001-2002 was such a
period in the life of the National Human Rights Commission.
In addition to the position of principle that it took in opposing the Prevention of
Terrorism Ordinance 2001, the Commission had to define the position that it should
take on other issues of considerable societal and political importance to the country.
Notable among these issues was the stance that the country should take in
respect of Dalits at the World Conference against Racism, Racial Discrimination,
Xenophobia and All Related Forms of Intolerance held in Durban between 31 August
- 8 September 2001. The Commission expressed the view that it was not the
'nomenclature' of the form of discrimination that must engage our attention, but the
fact of its persistence that must cause us concern and compel us to act. The
Constitution of India, in Article 15, expressly prohibits discrimination on the grounds
both of 'race' and 'caste' and that constitutional guarantee had to be vigorously
implemented. The Commission held the view that the instruments of governance in
our country, and the energetic and committed non-governmental sector of society
NATIONAL HUMAN RIGHTS COMMISSION