3. Killing of 3 boys by Security Forces in J & K, NHRC seeks report
The Commission has taken suo-motu cognizance based on media reports of the recent killing of three boys by security forces in Kupwara District of Jammu & Kashmir. It has asked the Secretary, Ministry of Defence, Government of India to send a factual report on the incident to the Commission.
The print and electronic media dated 25 July 2005 carried reports of the killing of three innocent minor boys and of a fourth being seriously injured in a shoot out allegedly by security forces in village Bagargund, district Kupwara in north Kashmir on the night of intervening 23 and 24 July 2005.
Reacting to the media reports of the incident, the Commission taking a serious view of the matter stated that it has always maintained and reiterates that "Right to life" is of crucial significance for every person, every group of people, every class, every nation and as a matter of fact for all humanity. No person who supports human rights can support terrorism, which is a grave violation of human rights. The Commission, however, has always maintained that while terrorism is a clear danger to the world today, it being the most vicious, irrational and senseless kind of violence and, therefore, the war against terrorism has to be fought relentlessly, but that there is no conflict between respect for human rights and combating terrorism. International Humanitarian Law is a part of human rights law applicable even in armed conflicts. Action of the State must be guided by human rights principles, which strike a balance between the enjoyment of freedom and the legitimate concerns for national security. It is necessary for the State and the agencies to strike the balance between the liberty of an individual and the requirements of security of state and sovereignty and integrity of the nation. A proper balance between the need and the remedy requires respect for the principles of necessity and proportionality. Since fundamental rationale for anti-terrorism measure has to be to protect human rights and democracy, counter terrorism measures should, therefore, not undermine democratic values, violate human rights and subvert the rule of law or chill civil liberties of the citizens. The battle against terrorism needs to be carried out in keeping with the international human rights obligations and the basic tenets of the rule of law.
The print and electronic media dated 25 July 2005 carried reports of the killing of three innocent minor boys and of a fourth being seriously injured in a shoot out allegedly by security forces in village Bagargund, district Kupwara in north Kashmir on the night of intervening 23 and 24 July 2005.
Reacting to the media reports of the incident, the Commission taking a serious view of the matter stated that it has always maintained and reiterates that "Right to life" is of crucial significance for every person, every group of people, every class, every nation and as a matter of fact for all humanity. No person who supports human rights can support terrorism, which is a grave violation of human rights. The Commission, however, has always maintained that while terrorism is a clear danger to the world today, it being the most vicious, irrational and senseless kind of violence and, therefore, the war against terrorism has to be fought relentlessly, but that there is no conflict between respect for human rights and combating terrorism. International Humanitarian Law is a part of human rights law applicable even in armed conflicts. Action of the State must be guided by human rights principles, which strike a balance between the enjoyment of freedom and the legitimate concerns for national security. It is necessary for the State and the agencies to strike the balance between the liberty of an individual and the requirements of security of state and sovereignty and integrity of the nation. A proper balance between the need and the remedy requires respect for the principles of necessity and proportionality. Since fundamental rationale for anti-terrorism measure has to be to protect human rights and democracy, counter terrorism measures should, therefore, not undermine democratic values, violate human rights and subvert the rule of law or chill civil liberties of the citizens. The battle against terrorism needs to be carried out in keeping with the international human rights obligations and the basic tenets of the rule of law.