Supreme Court Directs Establishment of Truth and Reconciliation Commissions

December 18, 2023

GS Paper II Polity

Context: Justice Sanjay Kishan Kaul recommended the creation of a Truth and Reconciliation Commission for Jammu and Kashmir in his concurring but separate opinion on the abrogation of Article 370.

Truth and Reconciliation Commission

What is a Truth and Reconciliation Commission?

Definition: It is an official mechanism to acknowledge and reveal the wrongdoings committed by state and non-state actors or combatants to a population in times of conflict so that matters of the past can be addressed and resolved.
Aim: To facilitate debate and dialogue amongst the community,
Focus: It focused on putting together information and evidence from both the victims and the perpetrators of violence, rather than on prosecution and punishment for crimes.
Characteristics:
- It Is a temporary body, officially authorized or empowered by the state under review with the aim of concluding with a final report.
- Unrevealing Truth: To uncover evidence of oppression and violence in societies that are torn apart by long and bitter conflicts.
  - Investigates a pattern of events that took place over a period of time and Is focused on the past, rather than on ongoing events.
- Prevents Denialism: Gives both the victims and preparators a platform to speak about their motives and truth with an opportunity to share their stories and experiences.
  - Engages directly and broadly with the affected population, gathering information on their experiences.
- Foster Dialogue: It would encourage dialogue and could help resolve the distrust and tension that has been built up in J&K over decades.
Notable Examples:
- South Africa: Set up by the Nelson Mandela government at the end of apartheid 1995, South Africa TRC was led by Archbishop Desmond Tutu. It used large, televised public meetings to hear from victims and oppressors, capturing worldwide attention.
- Canada: Set up to uncover the truth of the Indian Residential Schools system — in which some 150,000 Indigenous children were removed from their families and communities to attend residential schools.