In a landmark judicial pronouncement, Supreme Court Justice Sanjay Kishan Kaul has put forward a transformative proposal for the establishment of a Truth and Reconciliation Commission to delve into and address the longstanding human rights violations in Jammu and Kashmir. This groundbreaking suggestion forms a part of his judgment concerning the abrogation of Article 370, which previously accorded special status to the region.
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Drawing parallels with the Truth and Reconciliation Commission of South Africa, established to investigate the atrocities of the apartheid era, Justice Kaul’s recommendation is rooted in the complex and turbulent history of Jammu and Kashmir. He specifically refers to the insurgency that erupted in the 1980s, leading to the displacement of a significant portion of the population, including Kashmiri Pandits, and the subsequent military intervention to uphold India’s sovereignty and integrity.
“The entry of the Army created its own ground realities and, in their endeavor, to preserve the integrity of the State and the nation against foreign incursions, the men, women, and the children of the State paid a heavy price,”
Justice Kaul remarked, highlighting the profound impact on the local populace.
Justice Kaul’s proposal is not just about documenting past injustices but also about healing the deep-seated wounds inflicted on the region’s social fabric. He emphasizes the need for a collective understanding and acknowledgment of the human rights violations perpetrated by both state and non-state actors.
“What is at stake is not simply preventing the recurrence of injustice but the burden of restoring the region’s social fabric to what it’s historically has been based – coexistence, tolerance, and mutual respect,”
he stated, underlining the importance of restoring the region’s historical ethos of communal harmony.
The envisioned commission aims to facilitate a process of truth-telling, where victims can narrate their experiences, leading to societal acknowledgment and paving the way for reconciliation. Justice Kaul insists that this commission should not transform into a criminal court but rather operate as a humanized, personalized process that encourages open dialogue and diverse viewpoints.
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“The Commission must be set up before memory escapes. The exercise must be time-bound,”
he added, stressing the urgency of this initiative.
Justice Kaul’s recommendation also acknowledges the challenges and complexities involved in setting up such a commission. He views transitional justice and its components as integral to transformative constitutionalism, which encompasses the responsibility of both state and non-state actors regarding human rights violations.
“Globally, constitutionalism has evolved to encompass responsibility of both state and non-state actors with respect to human rights violations. This includes the duty to take reasonable steps to carry out investigation of violations,”
he elaborated.
In conclusion, Justice Kaul expresses hope for the return of Kashmiri migrants and the re-establishment of the region’s communal harmony. His call for a Truth and Reconciliation Commission is a significant step towards addressing the intricate and painful legacy of human rights violations in Jammu and Kashmir, aiming to heal the wounds of the past and forge a path towards a united and harmonious future.
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