11-12-2023 : Supreme Court Justice Sanjay Kishan Kaul, in a separate but concurring verdict, advocated for the establishment of an “impartial truth and reconciliation commission” to investigate and report on human rights violations in Jammu and Kashmir since the 1980s. Justice Kaul’s recommendation came as part of the court’s decision to uphold the Centre’s move to abrogate provisions of Article 370, which granted special status to the erstwhile state.
Hailing from Jammu and Kashmir, Justice Kaul expressed deep concern for the toll the volatile situation has taken on the people of the region, emphasizing the consequences of inter-generational trauma on an already fractured society. In his 121-page verdict, he acknowledged the heavy price paid by men, women, and children in the region and stressed the need for healing.
Justice Kaul highlighted the numerous reports documenting human rights violations in the region over the years and proposed that truth-telling provides an opportunity for victims to share their stories. He argued that acknowledgment from those responsible, as well as from society at large, could pave the way for reconciliation. Citing the effectiveness of truth and reconciliation commissions globally, Justice Kaul pointed to South Africa’s example, where such a commission played a crucial role in reckoning, catharsis for victims, and peace-building.
The Justice recommended the establishment of an impartial truth and reconciliation commission to investigate and report on human rights violations perpetrated in Jammu and Kashmir since the 1980s. The commission would aim to recommend measures for reconciliation, addressing the wounds that need healing. Justice Kaul stressed the importance of setting up the commission expeditiously, noting the urgency before memories fade, and emphasized that the process should be time-bound.
While acknowledging that recommending such a panel might be beyond the court’s realm, Justice Kaul argued that transitional justice and its constituents align with transformative constitutionalism. He emphasized the duty of both state and non-state actors to address human rights violations and suggested that the proposed truth and reconciliation commission aligns with constitutionalism.
Justice Kaul urged the government to devise the manner in which the commission should be set up, considering the sensitivities involved. He acknowledged the challenges but noted that the proposed commission is only one of many avenues toward systemic reform. The Justice expressed hope that embracing the past and facilitating the return of those who were compelled to migrate could contribute to achieving a shared national identity in Kashmir’s future.