WE THE STATE 30th ISSUE

6
BHOPAL April 22 to April 28, 2013
View Point
WE THE STATE
The necessity of Truth Commission in Kashmir Valley
POOJA TARTE
Email: hirdelawassociates@gmail.com
Abdul Majid Zargar with context to an establishment
of truth and commission in Kashmir
quoted that
“The state first killed people, and then it
killed the truth. It now wants the linen
soaked with the blood and honor of helpless
population washed through an arrangement
called as truth and reconciliation commission.”
The issue of Truth Commission in Kashmir
cropped up again and again by the Chief
Minister Omar Abdullah after the discovery
of so many unmarked graves. Scholars and
jurists often argue that Truth Commission is
formed after countries who vacilitate themselves
from authoritarian state to democratic
state. The reconciliation, rehabilitation,
reparation and compensation is often done
when countries go through transition and a
new government is being elected. For instance
when apartheid ended SATRC came
into force and when East Timor got freedom
from Indonesia, then emerged the Timor Lest
Commission of Truth and Friendship. Kashmir
has a different story. The conflict has not
resolved there yet. The writer asserts that the
truth and reconciliation commission differ
in there authority for instance few recommend
amnesty, few seizure or search and few
prosecution. It is feared in Kashmir that the
truth commissions will be used in Kashmir
as tool to grant amnesty to al the army personnel,
militant groups and all the heinous
perpetrators of crime. The perpetrator holding
such political powers will then confess
the crime and amnesty will be granted to
them and then will again walk freely without
any fear. This will not curb down the problem
but will lead to increase in number of rapes,
molestations and abuses because there shall
be then no fear of punishment.
Regarding this issue New Delhi based advocate
Ms. Warisha Farasat said that
“There is still no acknowledgement from
the state about the serious human rights violations
that have happened .There are still
human rights violations going on. It is very
important for TRC that there is a transition
to a situation where human rights violations
have almost completely stopped. I do not
think that is the situation at the moment.”
Furthermore she argued that “who are these
people who will head a TRC for Kashmir, who
will have legitimacy among all different
stakeholders.”
In this context CM Omar Abdullah quoted,
“ tragically we have locked ourselves into cycles
of violence where protests leads to death
leading to further protests leading to further
causalities.”
MY PERSPECTIVE
Before starting up of any new body of
governance the Indian government
should first put a ban on Draconian
laws like ASFP through which these military
people get easily released out of all charges.
These are the laws due to which all the perpetrators
enjoy impunity. These forces constantly
get engaged in commission of crimes.
The government should now become very serious
in providing justice to women in Kashmir.
There has been a continuous grave
breaches of human right violations being observed
in Kashmir. The situation of convalescence
still persists in the valley. The nepotism
by politicians, armed militant groups,
and high ranking officials has become conventional
now. The officials who try to show
honesty are killed or smothered down.
As discussed earlier the women in Kashmir
get exposed to attacks from everywhere. India
should not ratify itself to the Rome
statute. International Criminal Court is
more of governed by its permanent members
and is also subordinate to the United Nation
Security Council. If India ratifies the statute
then there will be too much of political interference
into the internal affairs of the
state. The fear of India to be a part of Rome
statute is justified but yes women in Kashmir
valley are crying for justice. As per the aforesaid
discussion International Criminal
Court has the provision in chapter VII,
wherein non-members of International
Criminal Court can be brought into jurisdiction,
if there are very heinous crimes committed
in such a non member state. Furthermore,
scholars often argue that truth and reconciliation
commission comes up after a war
ends and a new government is elected. According
to few Indian jurists Kashmir has a
different story where the war is still going on
and so its difficult to create a Truth Commission
therein.
I deny the above fact and favor the establishment
of a Truth and reconciliation Commission
in Kashmir termed to be as the
Kashmir's truth and reconciliation commission.
The members of such Truth Commission
should be the leaders from India as well
as Pakistan who will be voted by the democratic
people of India and by the people of
Pakistan. The leaders need to be efficient
people working for NGO's, professors from legal
arena and attorneys from courts. There
has to be more and more active participation
of women in such Truth Commission. Such
Truth Commission should be formed to have
in rehabilitation, reparation, reconciliation
and compensation programmes. The option
of granting of amnesty should not be a part
of such Truth Commission so that the offenders
are punished through trials and justice
is delivered to the victims.
In conclusion a Truth Commission is ultimately
a better option and the setting of such
impartial body of governance will be a indubitable
step to provide justice to women in
Kashmir Valley. In this context the journalists
of India are of a view that
“The people of Kashmir valley are wounded
physically, socially, culturally and psychologically
due to the long turmoil. The afflictions
are deeply engraved in the hearts and
minds of people. Kashmiris are left with the
only question. The step towards establishment
of a Truth Commission will be a step
towards peace in the valley.”
RECOMMENDATIONS
Amartya Sen once said, “The most important
argument for focusing on
women agency may be precisely the
role that such an agency can play in removing
the gender based inequities that depress
the well being of women.”
It becomes very important that women
should be socially as well as economically independent.
Women should be encouraged by
families as well as the society to come in power
and participate in the bureaucratic operations
of the state. The women victims should
be provided with monetary funds in order to
equip them to start their own business. In
context with Jammu and Kashmir, India and
Pakistan should join their hand for helping
out the women victims and curbing down
poverty and violence. This is a century of
globalization and so are the global citizens
who should chime in together to heal up the
widespread torment. The UN donors need to
assist the needy with financial help. There is
an urgent need to adopt the practice of vetting
and to suspend all corrupt officials from
the bureaucracy. It is very important to have
in fair and just channelization of the compensation
that has to be provided to women
victims.
An active participation of NGO's from the
international arena is a need of an hour.
There should even be an increase in the role
of media activities covering the suffering of
the needy and in creating awareness amongst
the stronger section of the society. Truth
should be revealed through sting operation
programmes, rally and interviews of victims
by journalists, etc. In the context of Kashmir
issue, the writer asserts that it is very important
to have workshops on awareness and
teaching them to defend themselves in situa-
tions of conflict.
There has to be more of a gender sensitive
reparation policies and a special unit to investigate
war crimes from the gender perspective.
There is an urgent need to set up a
women’s task force with more participation
of women. The running up of such task force
needs to be done by women. Such participation
should be done from various sectors like
that of media and communication, health
sector, legal sector, security and defense, education
sector, personality development sector
and psychological sector, hence encouraging
women from each and every sphere of
the society. If we are serious to bring a
change in the condition of women and girls
and help them to lead a normal life, then we
should empower women and girls with education,
so as to bring a positive change in the
society. This can be done by setting up grass
root level organizations to articulate and
press for the need of education and awareness.
The past situations can only be dealt by creation
of powerful multiple mechanisms. It focuses
on the need to create governance which
could focus on the political, social and economic
rights of all the citizens irrespective
of gender race or status. It is very important
to have a truth and reconciliation commission
in Kashmir as the life there in is becoming
miserable. The fear of India to ratify to
Rome statute is also justified but at the same
time justice has to be delivered to the victims.
I favor Omar Abdullah but at the same time
strongly oppose the fact of granting impunity
to the wrongdoers, if in case a truth and
reconciliation commission gets established
in Kashmir.
I have grown up in a country where, even today
a large part of the female population is
unprivileged, uneducated and struggles for a
respectable living. With this work, the writer
tried to throw some light on the complicated
situations of the silent playing women population
in Jammu and Kashmir. Our long term
goals should be focused on to make a contribution,
however small, to the health and happiness
of her fellow citizens, by narrowing
the circle of unequal and unsustainable life.
A little step can make a difference for our fellow
beings.