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