Recently, the Supreme Court announced the removal of Article 370 by the Center in 2019, leading to the establishment of a committee to investigate alleged human rights violations in Jammu and Kashmir—known as the Truth and Reconciliation Commission (TRC).
What is Truth and Reconciliation Commission (TRC)?
Introduction:
The Truth and Reconciliation Commission, also referred to as the ‘Truth and Justice Commission’ or simply the ‘Truth Commission,’ serves as a government mechanism. Its purpose is not only to recognize but also condemn wrongdoing by the government or non-state actors.
Objective:
The primary focus of the TRC is on the past. It explores patterns of events over time, gathering information from directors and a broad range of affected populations and learners. The ultimate goal is to compile a comprehensive final report. The commission operates with official authorization from the state under review.
Countries with Established TRCs:
Two widely recognized and impactful Truth Commissions are in South Africa, Australia, and Canada. Additionally, India’s neighboring country, Nepal, has also established a Truth Commission. South Africa notably established its TRC during the apartheid years in 1995, initiated by President Nelson Mandela’s government to address human rights violations.
Article 370:
Article 370 in the Indian Constitution provides specific details about Jammu and Kashmir, creating a shared region between India, Pakistan, and China. Drafted by N. Gopalaswami Iyengar in 1949 as ‘Temporary Provisions,’ it granted the state autonomy, especially in Defense, Foreign Affairs, and Communications.
This provision allowed Jammu and Kashmir to maintain self-reliance, except in cases involving the constitution, flag, and defense. The decision to join India in 1947 after Pakistan’s invasion was based on the convenience of the time, with King Hari Singh signing the merger letter.