14 i EXPERIENCE OF THE WORKING OF THE PROTECTION OF HUMAN RIGHTS ACT, 1993
recommendations have gained greater importance as, nine years after the
adoption of the Act, the experience of the State Human Rights Commissions has,
too often, pointed to a lack of concern in respect of these matters. There is need
to protect the National Commission from such dangers and to ensure the right
composition of the State Commissions as well. The recommendations made by
the Commission also suggest an enhancing of the role of the Chairperson.
A key recommendation relates to the 'Procedures with respect to armed forces'
[section 19, and section 19(2) in particular]. As indicated above, the
Commission is of the view that the present wording of section 19 and especially
of section 19(2) has not always resulted in an increase in accountability or
transparency. Instead, it has resulted in instances of a lack of accountability and,
indeed, opacity in respect of complaints relating to the violation of human rights
by members of the armed forces. In certain instances, the reports submitted
under section 19(1) have lacked clarity. Efforts of the Commission, thereafter, to
examine the full records of proceedings on the basis of which the reports have
been filed have been blocked, the Act itself being used to justify such conduct.
Yet again, on occasion, no coherent reasons have been recorded for the inability
to comply with recommendations made by the Commission. It is because of
such impediments, which undermine the Objects and Reasons leading to the
adoption of the Act, that the Commission has proposed that section 19(2) be
amended to read:
(i)
Upon receipt of the report with the recommendation of the Commission,
the Central Government if it considers itself unable to comply with the
same or any part of it, shall communicate its reasons for inability to the
Commission within a period of three months, or such further extended
period as may be given for this purpose by the Commission.
(ii)
The Commission shall thereafter consider the same and make such
recommendations as it deems fit.
(iii)
The Central Government shall inform the Commission of the action
taken on the recommendations within three months or such further
time as the Commission may allow.'
In the meantime, as indicated above, pending action on these proposals, the
Commission is construing section 19 in such a way that the principal Objects
and Reasons of the Act are served as constructively as possible.
NATIONAL HUMAN RIGHTS COMMISSION