New Delhi, May 25, 2012 : Interlocutors on Jammu and
Kashmir have recommended a Judicial Commission to look into
the best procedures for identification of bodies buried in
"unmarked graves" in the state.
Besides, the interlocutors have in their report suggested
setting up a Truth and Reconciliation Commission (TRC) where
those guilty of human rights abuses, including militants,
could ask for forgiveness from the families of their victims.
They have also suggested reforms as an "important
requirement" to revive judicial institutions of the state
which have suffered the most "severe casualties".
The report, which was made public yesterday, quoted
former Prime Minister and senior BJP leader Atal Bihari
Vajpayee's remark that 'Jammu aur Kashmir ko insaniyat ke
daire mein dekhna hai' (look Jammu and Kashmir under the ambit
of humanity) and suggested a slew of measures to improve
ground situation in the state.
"The State Human Rights Commission has recommended DNA
testing to identify the bodies that are buried in unmarked
graves, and the Chief Minister has promised to implement this
recommendation. Identification, however, is not a simple
matter that DNA testing will solve.
"As stated above, a large number of the bodies buried in
these graves are of militants, some of whom crossed over from
Jammu and Kashmir and others who were natives of
Pakistan-administered Jammu and Kashmir and even of
Pakistan proper," the report said.
Citing the "extremely complicated" relationship between
the Pakistani authorities and the armed groups that have
sanctuary there, the report said it will not be easy for the
Government of Pakistan to cooperate by providing the DNA of
the families of missing persons or militants from across the
Line of Control (LoC).
"In the interim, the Group recommends that a Judicial
Commission be set up to establish and supervise the best
procedures for identification of the bodies buried in the
unmarked graves," the interlocutors recommended.
The first step for the Judicial Commission would be to
set aside those unmarked graves that are identified by their
families as having died of natural causes. The next step would
be to see whether any of the bodies match the DNA of
disappeared persons, as reported by their families.
"The final step, which would be to try to identify all the
bodies buried in the unmarked graves, which depends on
cooperation from Pakistan. The exercise will be a massive and
time-consuming one, and all concerned should be prepared to
face the fact that they might not, in the end, have the full
closure that they need," it said.
In this context, the Group recommended formation of a
Truth and Reconciliation Commission (TRC) as proposed by Chief
Minister Omar Abdullah.
"Even if justice cannot be provided for all victims of
violence, if some of those guilty of human rights abuses,
including militants, were to ask forgiveness from the families
of their victims, it would provide closure for many," the
report said.
According to interlocutors, the spirit of truth and
reconciliation has a powerful resonance in Jammu and Kashmir,
and should by extension have the same resonance in India.
However, such a mechanism has never been tried in India,
and it remains to be seen whether it would be acceptable.
"Little has as yet been done, too, to see whether armed
groups and surrendered militants would agree to participate in
a TRC, though such a mechanism could actually speed up their
reintegration. Finally, a TRC would also have a large impact
in Pakistan, altering the 'Kashmir narrative' in fundamental
ways," the report said.
During their visits between October 2010-August 2011 in
the state to assess situation on the ground, the interlocutors
have noted a "sense of victimhood" in the Kashmir Valley.
On the other hand, the interlocutors felt that justice is
also a powerful need, especially in relation to rule of law
reforms in the state.
"The judicial institutions of the state have suffered the
most severe casualties, with judges acting under intimidation
and Bar Associations polarised even over so basic a right as
the right to legal defence. Judicial reforms are clearly an
important requirement, to be discussed by the people and
authorities of the state," it concluded.
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