E/CN.4/1994/31 page 63 General information provided by the Government 305. On 9 December 1993 the Government provided the Special Rapporteur with information in reply to the general allegations contained in his letter of 9 August 1993. According to the Government, the allegations that security personnel routinely ignore procedural safeguards, that victims are rarely produced before a magistrate, that prohibition and safeguards in the Indian Penal Code and the Code of Criminal Procedure are routinely disregarded, and that the security personnel have never been held criminally liable for such acts do not conform to the facts. 306. In consonance with constitutional provisions, the legal codes concerning the administration of justice contain elaborate provisions to safeguard the basic human rights to life and liberty and due process of law. Numerous other laws and regulatory provisions are directly aimed at protecting citizens against human rights violations. 307. Complaints against security personnel are investigated and action is invariably taken against those found guilty. Even the various special laws that have been enacted to combat terrorism ensure that no provisions guarantee any form of impunity to the law enforcement and security forces against prosecution or other disciplinary proceedings for any acts committed in the exercise of powers conferred by those laws. 308. In the State of Jammu and Kashmir alone, during the ongoing phase of terrorism and insurgency, action has been taken against 170 officers and men of the army and security forces, which includes rigorous imprisonment and confinement, dismissal from service, suspensions pending inquiry and other forms of departmental punishment, which could have long-term implications on the career prospects of the concerned personnel. 309. In addition to the constitutional and legal safeguards, the judiciary has acted zealously to protect these rights. The actions of the State in maintaining law and order are subject to judicial review. Even the findings of courts martial and other inquiries can be challenged by affected persons and are liable to scrutiny in a civil court. A magisterial inquiry is mandatory for deaths in custody, in addition to an inquiry by a police officer. 310. Judicial proceedings at all levels are open to the public, and are routinely analysed in the media. No issue of consequence goes unaired, owing to the vigilance of the press. In addition, rules of locus standi are much wider and considerably more liberal in India than in most other countries and give full latitude to voluntary, non-governmental organizations to espouse the cause of human rights in courts of law. 311. With regard to Punjab, and Jammu and Kashmir, India faces a situation of terrorism of unparalleled ferocity. In this environment, the normal criminal laws of the land and the systems by which they are operated have been rendered ineffective and inadequate. In order to protect the human rights of the population, special legislation had to be enacted. Of these, TADA (Terrorist and Disruptive Activities (Prevention) Act) is temporary legislation, subject to Parliamentary review every two years, and the Armed Forces (Special Powers)

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents