To His Excellency the Lt. Governor Shri Manoj Sinha

Sir,

Kashmir, the cradle of civilisation calls for end of terror violence and killings. Kashmiris crave for Justice, democracy and enjoyment of human rights. It is the 34th year of the turbulence in Kashmir Valley. The aborigines, Kashmiri Pandit Community are in exile. The holocaust/black day is on 19/20th January.

All the successive governments have failed to address the reversal of the exile of seven hundred thousand population living as refugees in their own country.

The concerted plan of killing innocent Kashmiris and the ethnic cleansing of religious Kashmiri Pandit Community from its engraved roots in the Valley is by now well documented and known to 1.3 crore people of Bharat and abroad.

The NHRC way back in 1998 in its historical full commission judgment, headed by Justice Venkatchalia, an eminent Jurist & former Chief Justice of India held the systematic/planned ethnic cleansing inflicted on Kashmiri Pandits by terrorists that forced them to exit their homeland as -“Acts of akin to GENOCIDE.”

The MHA time and again while banning the separatists outfits always describes ethnic cleansing & purging of KPs from the Valley as the principal ground to seal & ban the separatists/terror outfits operating in Kashmir.

The subject of Jammu & Kashmir has always been enveloped in a dense opacity with layer upon layer of distortions of history, self-serving myths and competing political interests. Peeling off these layers by revisiting history, without prejudice on the real issues involved, can only help in our search for a brighter tomorrow for Jammu & Kashmir.

KPSG has been continuously holding (KATH-BHAAT); a dialogue by way of intra-civil society webinars, meetings and interactions through social media platforms, emphasising on the dire need for giving a closure to the sordid and brutal phase of societal devastation, death and destruction that has engulfed the larger south Asian region in general and Jammu & Kashmir in particular.The purpose is to bring about peace, harmony, justice, dignity and honour to the people and contribute to building an inclusive and empowered society.

Everyone has a story to tell not to others but to himself, the inward storytelling continuously goes unchecked that is torturous. In Kashmir it is the hurt syndrome of all sections that persists.This syndrome is transmitted from one generation to another that results in generational trauma. The trauma is leaving last lasting hurt & scars on every Kashmiri. The conflict and displacement has created deep agony, pain and loss not only to present generation but as a consequence to the coming generations. Our KATH-BHAAT aims to fight the generational trauma.

Besides fighting terrorism through army, police & security forces, the LG administration has a Himalayan task to help in arresting and addressing the trauma and societal despondency. The patch work solutions have not worked in past and may not work now. The prolonged Governor rule is also no remedy.The elected democratic institutions act as game changer that is the fundamental to enjoy the freedoms enshrined in constitution and the justice and human rights has to seen to be enjoyed by the citizenry.

Therefore Supreme Court in its legal and institutional wisdom has shown a way forward;

the Apex Court speaking through a Constitution bench recently while delivering judgement on the article 370 said. While the judgment of the Constitution Bench of the Supreme Court of India regarding Article 370 will continue to invite intense scrutiny and analysis by legal and political pundits, the broader message from the honourable judges is loud and clear: Move forward and focus on the future of Jammu and Kashmir rather than brood over its sordid past!

The Kashmir Valley carries a historical burden in a social context. The people are carrying the burden as victims of conflict from 1947 and continuing consequences of armed insurgency resulting in exile of the religious minority and killings innocent civilians in the violence perpetrated by non State actors, others brutalised anti human groups including the State actors.

While delivering the unanimous judgment on the jurisprudence, on the inoperability of Article 370 of the Constitution, the honourable judges have empathically held a view that social fabric is waning and inter generational trauma has already fractured the Kashmiri Society. In order to heal the wounds and make a forward movement and restore coexistence, tolerance, mutual respect and communal & societal harmony;

A Truth & Reconciliation Commission should be set up expeditiously.The Commission will investigate and report on the human rights violations by non state and state actors perpetrated in Jammu & Kashmir at least since 1980s and recommend measures for reconciliation. Honourable Judge said before the memories fade and escape, the exercise shall be time bound.

KPSG welcomes the finding and the command of the honourable Supreme Court. Not only the civil society but the people in general urge/appeal the current union government to act upon the commandment of the Supreme Court in this regard urgently and live up to the responsibility and respect for the Constitutionalism.

Lastly, it is time to plan a comprehensive reversal of exile of KPs. Our land is the cradle of civilisation and all the inhabitants, be that aborigines and settlers would unitedly and conscientiously contribute for revival of Kashmir’s glory.

With warm regards
Your Sincerely
Ashok Bhan
senior Advocate, Supreme Court of India.

Head, Kashmir Policy & Strategy Group