'Wounds Require Healing': Judge Directs Formation Of Panel To Probe J&K Human Rights Violations

In a separate ruling, Justice Sanjay Kishan Kaul directed the setting up of a 'Truth and Reconciliation' committee to probe the human rights violations in J&K in the past.

In a separate ruling, Justice Sanjay Kishan Kaul has directed the setting up of a 'Truth and Reconciliation' committee to probe the human rights violations in J&K in the past. ( Image Source :PTI )

As the Supreme Court unanimously upheld the constitutional validity of the abrogation of Article 370 in 2019 that ended the special status of Jammu and Kashmir on Monday, Justice Sanjay Kishan Kaul in a separate order directed the setting up of a 'Truth and Reconciliation' commission to probe human rights violations both by State and non-State actors in the past. He said, "In order to move forwards, wounds require healing...inter-generational trauma is felt by people.. First step towards healing the wounds is the acknowledgement of the acts of violations done by the State and its actors.... truth-telling paves a way for reconciliation."

He added, "I recommend the setting up of an impartial Truth and Reconciliation committee to investigate and report on the violations of human rights both by the State and non-state actors at least since 1980s and recommend measures for reconciliation. The Commission must be set up before memory escapes. The exercise must be time-bound. There is an entire generation of youth that has grown up with a feeling of distrust and it is to them that we owe the greatest day of liberation."

He cautioned that the sensitivities of the issues involved must be considered and the commission must not turn into a criminal court. He said, "It is for the government to decide the manner in which the Truth and Reconciliation Commission must be set up, considering the sensitivities of the issues involved. The Commission must not turn into a criminal court and must be offering a platform for dialogue."

Referring to the 'Truth and Reconciliation; Commission set up in South Africa, he said, "Truth and Reconciliation Commission could facilitate a reparative approach, that enables forgiveness for the wounds of the past and forms the basis of achieving a shared national identity."

The Supreme Court also asked the Election Commission of India to conduct elections to the Legislative Assembly of Jammu and Kashmir by 30 September 2024 and sought the restoration of statehood.