New Delhi, India

During the Monday (Dec 11) ruling on the abrogation of Article 370, one of the five presiding justices recommended the constitution of a Truth and Reconciliation Commission (TRC).

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Justice Sanjay Kishan Kaul of the Supreme Court of India recommended that the TRC be set up to record the human rights abuses in Jammu and Kashmir "at least since the early 1980s," by both state and non-state actors.

The recommendation was made as the Indian top court issued its verdict on the country's union government’s 2019 decision to amend Article 370 of the Indian Constitution, which stripped the erstwhile state of Jammu and Kashmir of its special status. A five-judge Constitution bench, presided by Chief Justice of India (CJI) DY Chandrachud, and comprising Justices S K Kaul, Sanjeev Khanna, B R Gavai and Surya Kant, upheld the abrogation of the special Status of Jammu and Kashmir under Article 370.

Also read | Article 370: India's top court approves Modi govt's 2019 move that stripped Jammu and Kashmir's special status

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An impartial committee

Speaking during the ruling, Justice Kaul said: "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 the 1980s and recommend measures for reconciliation."

He said that, "To move forward, wounds require healing." 

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"Inter-generational trauma is felt by people. The first step towards healing the wounds is the acknowledgement of the acts of violations done by the state and its actors," he added.

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The final call on whether such a commission would be set up lies with the government. 

What is a Truth and Reconciliation Commission?

A Truth and Reconciliation Commission, also known as a Truth Commission, is an official body tasked with uncovering past wrongdoings by government and even non-state actors. This is done with the hopes of resolving leftover conflicts from the past.

Justice Kaul's recommendation is along the lines of a similar exercise undertaken by South Africa in the 1990s.

For the South African TRC, the mandate was "to investigate gross human rights violations that were perpetrated during the period of the Apartheid regime from 1960 to 1994, including abductions, killings, torture."

As per the US Institute of Peace, "Its mandate covered both violations by both the state and the liberation movements and allowed the commission to hold special hearings focused on specific sectors, institutions, and individuals."

(With inputs from agencies)