The Supreme Court of India recently upheld the abrogation of Article 370 by the government in 2019. The court has also suggested the development of a Truth and Reconciliation Commission (TRC) to examine alleged human rights abuses by both state and private actors in Jammu & Kashmir.
Understanding the Concept of a Truth and Reconciliation Commission (TRC)
A Truth and Reconciliation Commission, alternatively referred to as a ‘truth and justice commission’ or just a ‘truth commission’, is a formal apparatus intended to acknowledge and disclose the misconduct committed by a government or occasionally non-state actors.
The key focus of the truth commission is historical events. It scrutinizes a sequence of incidents that occurred over a period of time. The commission interacts extensively with the affected populace, collecting information on their experiences. It is a temporary body, with the purpose of ending with a definitive report. The commission is officially authorized by the state under review.
Global Instances of Established TRC
Many countries have established their own truth commissions. Notably, South Africa, Australia, and Canada have set up the two most well-known and consequential commissions. In addition, truth commissions have been set up in Sri Lanka and Nepal, which are India’s neighboring countries.
South Africa’s first post-apartheid government under President Nelson Mandela established a TRC in 1995. The main objective was to reveal the truth about human rights violations during apartheid years.
The Significance of Article 370 in Indian Constitution
Article 370 in the Indian constitution used to provide special status to the much-disputed region of Jammu and Kashmir, claimed by India, Pakistan, and China. N Gopalaswami Ayyangar, a member of the Constituent Assembly of India, drafted this article. It was appended to the constitution as a ‘temporary provision’ in 1949.
The provision granted the state its own constitution, flag, and autonomy over most matters excluding defense, foreign affairs, and communications. It was formulated based on the terms of the Instrument of Accession which was signed by the ruler of Jammu and Kashmir, Hari Singh, in 1947. He agreed to join India after an invasion by Pakistan.
The upholding of the abrogation of Article 370 by the Supreme Court has raised several discussion points for the Indian polity. In the UPSC Civil Services Examination, a previous year’s question asked to what extent is Article 370 temporary, and what are the future prospects of this provision in the context of the Indian political system.
