Even as the Supreme Court on Monday upheld the Union Government's decision to abrogate Article 370 of the constitution which gave special status to Jammu and Kashmir and said that every decision taken by the Centre on behalf of a State can't be subject to a legal challenge. Justice SK Kaul, a Kashmiri Pandit was on the bench of SC that decided the fate of Article 370.
Commission to study human rights violations since 1980
Supreme Court’s Justice Sanjay Kishan Kaul, in his judgment suggested setting up of a “truth and reconciliation” commission in Jammu and Kashmir. Justice Kaul recommended "Truth & Reconciliation Commission" to report human rights violations in Jammu & Kashmir By state & non-State. Justice Kaul suggested to set up the commission investigate and report on the human rights violations carried out by both the State and non-State actors in the Kashmir valley at least since 1980s.
Justice Kaul said, "The value of Kashmir carries a historical burden. It has a social context. We the people of Jammu & Kashmir are at the heart of the debate. We have carried the burden of victims of conflict for several decades. I cannot explain what the people of Kashmir have suffered since 1947."
Justice Kaul: wounds require healing
" I recommend the setting up of an impartial Truth and Reconciliation committee to investigate and report on the violations of human rights both by the state and non-state actors at least since the 1980s and recommend measures for reconciliation," Justice Kaul said.
"To move forward, wounds require healing. Inter-generational trauma is felt by people. The first step towards healing the wounds is the acknowledgment of the acts of violations done by the state and its actors", said Justice Kaul.
SC nod for scrapping Article 370
The Supreme Court today validated the government's to scrap Article 370, a constitutional provision that bestowed special status upon the erstwhile state of Jammu and Kashmir.
A five-judge bench, led by Chief Justice of India DY Chandrachud, directed the government to facilitate the conduct of elections to the Jammu and Kashmir Assembly within a specific timeframe, setting the deadline for September 30, 2024.
