Truth and Reconciliation Commission

December 12, 2023

Recently, the Supreme Court unanimously upheld the Centre’s decision to abrogate Article 370 in 2019. The five-judge bench delivered three concurring opinions, affirming that Jammu and Kashmir no longer holds special status in the Indian Union. Justice Sanjay Kaul, in his opinion, suggested the establishment of a Truth and Reconciliation Commission (TRC) to investigate alleged human rights violations in Jammu and Kashmir. He emphasized that the TRC should be a platform for dialogue and not a criminal court.

Understanding Truth and Reconciliation Commission (TRC)

A Truth and Reconciliation Commission, also known as a ‘truth commission,’ is an official mechanism aimed at acknowledging and revealing wrongdoings by a government or non-state actors. It addresses past conflicts and promotes resolution. Priscilla B Hayner’s definition outlines that a TRC focuses on the past, investigates events over time, engages with the affected population, operates temporarily, and is authorized by the state.

Countries with Past Truth Commissions

South Africa, Australia, and Canada had notable and impactful commissions. In India’s neighboring countries, Sri Lanka and Nepal have also established truth commissions.

Canadian Truth and Reconciliation Commission

The Canadian TRC addressed the legacy of the Indian Residential Schools system, where indigenous children were removed from their families. The commission traveled for six years, hearing from over 6,500 witnesses. The Government of Canada supported the TRC with about $72 million. The TRC created a historical record housed at the National Centre for Truth and Reconciliation.

South African Truth and Reconciliation Commission

In post-apartheid South Africa, President Nelson Mandela’s government established a TRC in 1995. The TRC aimed to uncover the truth about human rights violations during apartheid, focusing on reconciliation rather than prosecution. The commission’s report, released in volumes between 1998 and 2003, played a crucial role in healing the country.

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