NHRC sees no need for enactment of the Prevention of Terrorism Bill, 2000

The National Human Rights Commission took a view that there was no need for the enactment of the Prevention of Terrorism Bill, 2000 or a similar law. This unanimous view was taken at a meeting of the Full Commission held on 11 July 2000 to formulate its opinion on this Bill. It reviewed the draft Bill, 173rd Report of the Law Commission, relevant Supreme Court Judgements and the views of NGOs in this regard. The Commission noted the fact that on the then existing TADA legislation, the Commission had in 1995 taken a view that the draconian law should be removed from the statute book as it had no place in a democracy. The Commission was of the view that unless there were "compelling reasons to depart", its earlier view should prevail. The Commission felt that it should look at the issue not from the point of view of constitutional validity of the new law and its provisions but that it should deliberate upon the need and wisdom of enacting such a law in light of the previous experience with the earlier TADA legislation, the adequacy of the existing laws, the provisions of the international covenants which the country is signatory to etc. In light of the above, the Commission carefully considered all the pros and cons of the matter. It was fully convinced that the existing laws were sufficient to deal with any eventuality including terrorism, if properly enforced. The real need was to strengthen the machinery for implementation and enforcement of the existing laws and further for this purpose, the working of the entire criminal justice system requires to be strengthened. Earlier in 1995, the Commission had conducted a full fledged examination of all aspects of the Terrorist and Disruptive Activities (Prevention) Act, on the basis of reports and complaints received by it concerning its arbitrary and abusive uses. The Commission took the view that this draconian law be removed from the Statute books. The then Chairperson had written a letter to all Parliamentarians in February 1995, recommending that the Act be not renewed when its life expired on 23 May 1995 on the grounds that it was "incompatible with our cultural traditions, legal history and treaty obligations". Section 12(d) of the Protection of Human Rights Act 1993 requires the Commission to "review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation". Further, Section 12(f) requires the Commission to "study treaties and other instruments on human rights and make recommendations for their effective implementation".