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Justice Sanjay Kishan Kaul has recommended the establishment of a Truth and Reconciliation Commission (TRC) for Jammu and Kashmir. The goal of these bodies is to heal divided societies and end conflicts. But some say their effectiveness is limited. peppermint Take a look at the evidence:
What did Justice Kaul actually say?
In his concurring but differing opinion on the abrogation of Article 370, Kaul recommended the creation of a Truth and Reconciliation Commission for Jammu and Kashmir, which has been investigating rights violations by both state and non-state actors since at least the 1980s. Will investigate and report and recommend measures. For reconciliation. Kaul said such a commission would encourage dialogue and could help resolve the distrust and tension that has persisted in Jammu and Kashmir for decades. Kaul’s recommendation was accepted by Attorney General R. Venkataramani was positively accepted and attracted public interest.
What are these commissions?
They are usually set up to highlight evidence of oppression and violence in societies that are suffering from long and bitter conflicts. They encourage both victims and perpetrators to come forward and speak out. This method makes all members of society aware of the facts of violence and oppression and creates a widely accepted narrative of “truth”, which then prevents denial. Forgiveness and reconciliation occur when criminals voluntarily confess their crimes. In some cases, offenders are granted amnesty. Thus, both the offender and the victim are able to move forward together.
Have such truth commissions been established anywhere else?
In over 40 countries, including Sierra Leone, Canada, South Korea and Chile, but most famously in South Africa at the end of apartheid. Under the leadership of Archbishop Desmond Tutu, South Africa’s TRC used large, televised public meetings to hear from victims and oppressors, garnering worldwide attention. Kaul repeatedly cited South Africa in his Article 370 decision.
How effective are these TRCs?
Some experts believe that the TRC has achieved remarkable success in helping societies move forward. Others disagree, saying that many in South Africa’s white minority view the practice as witchcraft. In many cases, victims did not receive compensation and many perpetrators – who did not receive amnesty – did not receive timely justice. TRCs also do little to change structural inequalities. For example, South Africa remains one of the most racially unequal and divided societies due to its history.
How will it work in Kashmir?
Kaul recommended that it should be established “expeditiously” and be time bound. He stressed that the TRC should not be a criminal court and should instead focus on negotiations. Kaul left the specifics of the formation up to the government, saying, “It is my view that it is the job of the government to determine the manner in which it is set up, and for the Commission to determine the best way forward”. While the Attorney General has welcomed Kaul’s suggestion as a “watershed”, senior political figures have yet to weigh in on the matter.
