“The National Human Rights Commission in its opinion dated 14 July 2000 dwelt at length on the various provisions of the Prevention of Terrorism Bill, 2000 as proposed by the Law Commission of India in its 173rd Report. This opinion is on the website of NHRC (www.nhrc.nic.in) and was also forwarded to the Government of India, Ministry of Home Affairs. The Commission had also earlier opposed the continuance of TADA. A letter dated 20 February 1995 to this effect was sent by the then Chairperson to all Members of Parliament. This letter is also included in the Annual Report of the Commission for the year 1994-95 in Annexure I. The present opinion in respect of the Prevention of Terrorism Ordinance, 2001 is in continuation of the Commission’s earlier opinions, and the Commission’s views on such a measure remain unchanged.

Undoubtedly, national security is of paramount importance. Without protecting the safety and security of the nation, individual rights cannot be protected. However, the worth of a nation is the worth of the individuals constituting it. Article 21, which guarantees a life with dignity is non-derogable. Both national integrity as well as individual dignity are core values in the Constitution, and are compatible and not inconsistent. The need is to balance the two. Any law for combating terrorism should be consistent with the Constitution, the relevant international instruments and treaties, and respect the principles of necessity and proportionality.

The National Human Rights Commission, therefore, reiterates its earlier view in respect of the Ordinance also.”