38.6c New Delhi, India, Friday, October 03, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Legal Insiders

'Wounds need healing,' SC judge Justice Kaul recommends for setting up Truth and Reconciliation Commission

By LAWSTREET NEWS NETWORK      11 December, 2023 05:56 PM      0 Comments
'Wounds need healing,' SC judge Justice Kaul recommends for setting up Truth and Reconciliation Commission

NEW DELHI: Holding that in order to move forward, the wounds need healing, Supreme Court judge Justice Sanjay Kishan Kaul on Monday suggested setting up of an impartial truth and reconciliation commission to investigate and report on the violation of human rights both by State and non-State actors perpetrated in Jammu & Kashmir at least since the 1980s.

Citing example of South Africa, he said the Commission recommend measures of reconciliation in a time bound manner.

While upholding the decision to dilute Article 370 of the Constitution on special status to J&K, he said, "What is at stake is not simply preventing the recurrence of injustice, but the burden of restoring the regions social fabric to what it has historically been based on coexistence, tolerance and mutual respect."

He said considering the significance of the matter and the sensitivities involved, it is his view that it is for the government to devise the manner in which this should be set up, and to determine the best way forward for the commission.

He pointed out it is worth noting that even the partition of India in 1947 did not impair Jammu & Kashmirs communal and social harmony. "In this context, Mahatma Gandhi is famously quoted to have said that Kashmir was a ray of hope for humanity!," he said.

Justice Kaul, who hailed from J&K, said, "During my travels home over the years, I have observed the social fabric waning, and the consequences of intergenerational trauma on an already fractured society."

"I cannot help but feel anguish for what peoples of the region have experienced and am constrained to write this Epilogue," he added.

Justice Kaul said the Commission should be set up expediently, before memory escapes.

"The exercise should be time-bound. There is already an entire generation of youth that has grown up with feelings of distrust and it is to them that we owe the greatest duty of reparation," he suggested.

Taking a leaf out of South Africas book, he said the principles of ubuntu, or the art of humanity, and inclusiveness should be central to the process.

"This will facilitate a reparative approach that enables forgiveness for the wounds of the past, and forms the basis of achieving a shared national identity," he said.

As a word of caution, he suggested the Commission, once constituted, should not turn into a criminal court and must instead follow a humanised and personalised process enabling people to share what they have been through uninhibitedly.

"It should be based on dialogue, allowing for different viewpoints and inputs from all sides," Justice Kaul said.

"Needless to say, the Commission is only one of the many avenues towards the goal of systemic reform. It is my sincere hope that much will be achieved when Kashmiris open their hearts to embracing the past and facilitate the people who were compelled to migrate to come back with dignity. Whatever has been, has been but the future is ours to see," Justice Kaul said.



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Supreme Court Directs Delhi Government to Disclose Funds Used for Advertisements in Last Three Years Supreme Court Directs Delhi Government to Disclose Funds Used for Advertisements in Last Three Years

The Supreme Court has directed the Delhi government to provide details of funds spent on advertisements in the last three years. This comes as the government expressed its inability to allocate funds for regional rapid transit system (RRTS) projects. Find out more about the court's concerns and the financial situation in this article.

WB LoP Suvendu Adhikari Challenges Calcutta High Court's FIR Order in Supreme Court WB LoP Suvendu Adhikari Challenges Calcutta High Court's FIR Order in Supreme Court

West Bengal's Leader of Opposition, Shuvendu Adhikari, moves the Supreme Court against the order to lodge an FIR based on alleged provocative speeches during the Panchayat polls. The SC will hear his plea on August 4. The petitioner claims harassment and misuse of power by the state's ruling party.

Centre Ready for Jammu and Kashmir Elections, Restoration of Statehood Gradual: Supreme Court Hears Article 370 Case Centre Ready for Jammu and Kashmir Elections, Restoration of Statehood Gradual: Supreme Court Hears Article 370 Case

Get the latest updates on the Jammu and Kashmir situation as the Centre informs the Supreme Court about its readiness for elections. While positive steps are being taken for development, the restoration of full statehood remains a gradual process.

Supreme Court expresses concern over NLUs relying solely on contractual teaching staff [Read Order] Supreme Court expresses concern over NLUs relying solely on contractual teaching staff [Read Order]

The Supreme Court expresses concern over National Law University, Jodhpur, relying solely on contractual teaching staff, deeming it unacceptable and undesirable." The court seeks a remedy from the institution itself. Get insights on this legal education issue.

TRENDING NEWS


TOP STORIES

sc-allows-manufacturing-of-green-crackers-in-delhi-subject-to-no-sale
Trending Judiciary
SC allows manufacturing of green crackers in Delhi, subject to no sale

SC allows certified manufacturers to produce green crackers in Delhi, but bans their sale in NCR till further orders, balancing pollution and livelihoods.

27 September, 2025 01:23 AM
kerala-hc-directs-comprehensive-snakebite-prevention-guidelines-for-schools
Trending Judiciary
Kerala HC Directs Comprehensive Snakebite Prevention Guidelines For Schools [Read Order]

Kerala High Court directs comprehensive snakebite prevention and management guidelines for schools, ensuring safety, awareness, and emergency response.

30 September, 2025 08:46 PM
sc-orders-two-judicial-officers-to-go-for-seven-days-training-for-flawed-bail-order
Trending Judiciary
SC orders two judicial officers to go for seven days training for flawed bail order [Read Judgment]

Supreme Court quashes flawed bail order, directs two Delhi judges to undergo 7-day special training on judicial conduct and bail rulings.

30 September, 2025 09:58 PM
sc-seeks-reply-from-iit-delhi-kharagpur-on-plea-to-transfer-student-due-to-mental-health-condition
Trending Judiciary
SC seeks reply from IIT Delhi, Kharagpur on plea to transfer student due to mental health condition [Read Order]

SC seeks reply from IIT Delhi & Kharagpur on plea for transfer of B Arch student citing mental health needs, AIIMS proximity & Article 21 rights.

30 September, 2025 11:22 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email