TRUTH AND RECONCILIATION COMMISSION

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CategoryPolity

Last Updated13/12/2023

The Supreme Court of India recently unanimously upheld the abrogation of Article 370 by the Centre in 2019.
It affirms that the former state of Jammu and Kashmir no longer holds special status in the Indian Union.

Justice Sanjay Kaul, in his opinion, proposed the establishment of a Truth and Reconciliation Commission.
Objective: To investigate alleged human rights violations by both state and non-state actors in Jammu and Kashmir.
He emphasized the need for a dialogue-based approach rather than a criminal court process.

Also known as a truth commission, it is an official mechanism designed to acknowledge and reveal past wrongdoings by governments or non-state actors.
Priscilla B Hayner defined a truth commission as one that
- Is focused on the past, rather than in ongoing events
- Investigates a pattern of events that took place over a period of time
- Engages directly and broadly with the affected population, gathering information on their experiences
- Is a temporary body, with the aim of concluding with a final report
- Is officially authorised or empowered by the state under review”.

Several countries have implemented truth commissions in the past.
Notable examples include South Africa, Australia, Canada, Sri Lanka, and Nepal.
The Canadian Truth and Reconciliation Commission focused on the Indian Residential Schools system.
- About 150,000 indigenous children were removed from their families and communities to attend residential schools.
The South Africa's TRC aimed to uncover human rights violations during the apartheid era.