Target CLAT 2026 (Crash Course) Starting On: 8 May 2025 (Admission Open)   |   Judiciary Foundation Course (Indore) Starting On: 22 May 2025 (Admission Open)   |   CLAT Lucknow Starting On: 8 May 2025 (Admission Open)   |   CLAT Karol Bagh Starting On: 12 May 2025 (Admission Open)
         









Home / Editorial

Constitutional Law

Truth and Reconciliation Commission

    «    »
 26-Dec-2023

Source: The Hindu

Introduction

In the case In Re: Article 370 of the Constitution, Justice Sanjay Kishan Kaul recommended constituting a Truth and Reconciliation Commission (TRC) to resolve the misery of insurgencies that happened in Jammu & Kashmir especially the exodus of Kashmiri Pandits. He considered it as the only one of the many avenues toward the goal of systemic reform. In the case of In Re: Article 370 of the Constitution, the Supreme Court unanimously upheld the abrogation of Article 370 of the Constitution which granted special status to Jammu & Kashmir.

What is Truth and Reconciliation Commission?

  • TRCs have emerged as powerful mechanisms for healing fractured societies, fostering accountability, and addressing historical injustices.
  • These commissions are established in the aftermath of conflicts or periods of systemic abuse to uncover the truth, promote reconciliation, and lay the foundation for a more just and harmonious future.

What is the History of Truth and Reconciliation Commission?

  • The concept of TRCs gained prominence in the late 20th century as a response to various instances of mass atrocities and human rights abuses.
  • South Africa's TRCs, established in the late 90s, is often considered a landmark example.
  • Initiated in the wake of apartheid, it aimed to address the injustices of the past, facilitate healing, and pave the way for a unified and democratic future.
  • Inspired by this model, TRCs have been implemented in various forms across the globe, including in countries such as Rwanda, Peru, and Canada.

What are Major Countries That Constituted Truth and Reconciliation Commissions?

  • South Africa:
    • The South African TRC, chaired by Archbishop Desmond Tutu, is one of the most widely studied examples.
    • Despite facing challenges, including incomplete amnesty applications and criticisms of its limited prosecutorial powers, the TRC played a vital role in laying the groundwork for reconciliation.
    • The public hearings and testimonies allowed South Africans to confront the painful truths of their history and set the stage for a more inclusive and democratic future.
  • Rwanda:
    • The Rwandan TRC, established in the aftermath of the 1994 genocide, faced the monumental task of addressing deep-seated ethnic tensions.
    • While it grappled with challenges such as the sheer scale of atrocities and the difficulty of distinguishing between victims and perpetrators, the TRC contributed to fostering a sense of unity and rebuilding the social fabric.
    • However, the process was not without controversy, as some criticized the commission for its limitations in holding high-level officials accountable.
  • Canada:
    • Canada's TRC, which focused on the historical abuses suffered by Indigenous peoples in the residential school system, exemplifies the ongoing nature of reconciliation processes.
    • The TRC's findings, including the acknowledgment of cultural genocide, prompted a national reckoning with Canada's colonial past.
    • However, the path to reconciliation involves ongoing efforts, including addressing systemic issues and implementing the TRC's recommendations.

What are the Important Terms to Note?

    • Apartheid:
      • The term "apartheid" is of Afrikaans origin and means "apartness."
      • Under apartheid, the South African government enforced laws that systematically discriminated against the country's black majority in favor of the white minority.
      • The system was dismantled in the early 1990s with the establishment of a democratic, non-racial government of President Nelson Mandela.
    • Genocide:
      • Genocide involves acts such as mass killings, forced displacement, systematic rape, and other forms of violence intended to destroy a targeted group.
      • The term is defined in international law and is considered a crime under the Genocide Convention adopted by the United Nations in 1948.
    • Indigenous People:
      • Indigenous people are communities that have a distinct cultural, historical, and often linguistic identity that differs from the dominant culture in their region.
      • Rights of indigenous people are addressed in the United Nations Declaration on the Rights of Indigenous Peoples, 2007.

What were the Views of Supreme Court on Truth and Reconciliation Commission for J&K?

  • Problem:
    • The SC observed that what is at stake is not simply preventing the recurrence of injustice, but the burden of restoring the region’s social fabric to what it has historically been based on, coexistence, tolerance and mutual respect.
  • First Step Towards Human Rights:
    • The first step towards this is to achieve a collective understanding of the human rights violations perpetrated both by State and non-State actors, against peoples of the region.
    • The court said that the step encompasses a structural investigation of the events and socio-political structures that led to the atrocity, the particular circumstances of individual suffering, and an authoritative reporting of the results of the investigation.
  • Constitution of TRC:
    • The SC said that while there are different ways of achieving these objectives, TRC has been particularly effective globally.
  • Procedure of TRC:
    • SC observed that Commission will investigate and report on the violation of human rights both by State and non-State actors perpetrated in J&K at least since the 1980s and recommend measures for reconciliation.
  • Constitutionalism and Caution:
    • Justice Sanjay Kishan Kaul said that TRC accords with feeling of constitutionalism.
    • He also cautioned that the Commission, once constituted, should not turn into a criminal court and must instead follow a humanized and personalized process enabling people to share what they have been through uninhibitedly.

Conclusion

Truth and Reconciliation Commissions stand as powerful instruments for addressing historical injustices, fostering healing, and laying the groundwork for a more just and inclusive society. In essence, the recommendation for a TRC in J&K reflects a commitment to truth, accountability, and reconciliation as essential components of addressing historical grievances and building a more harmonious future in the region.