In the absence of a functional State Human Rights Commission (SHRC) in Jammu and Kashmir since its dissolution in October 2019, National Conference (NC) President Dr. Farooq Abdullah has announced the formation of a separate human rights body within the party. This move comes amidst growing concerns over human rights issues in the region and the perceived void left by the absence of an official commission.
Dr. Abdullah articulated the necessity for this body, emphasizing that it would serve as a temporary alternative to the SHRC until statehood is restored and a formal commission is re-established. The newly formed entity will be headed by party legislator and retired High Court Justice Hasnain Masoodi, with two additional members, including a woman, to be appointed, thus ensuring diversity and a balanced perspective.
The decision to establish this human rights wing reflects the National Conference's commitment to addressing the grievances and complaints of rights violations in Jammu and Kashmir. With the SHRC defunct, many cases remain unresolved, leaving victims of human rights excesses in a state of uncertainty and despair. The new body aims to provide a forum for individuals to articulate their concerns, seek redress, and ensure that cases of human rights violations are followed up on diligently.
The Jammu and Kashmir State Human Rights Commission (SHRC) was an autonomous body with quasi-judicial powers established in 1997 to investigate human rights violations in the region. However, after the abrogation of Article 370 and the reorganization of Jammu and Kashmir into a Union Territory in 2019, the SHRC, along with several other state commissions, was dissolved. This move drew criticism from various quarters, as it effectively shut down an important mechanism for addressing human rights concerns in a region marred by conflict and allegations of excesses by state forces. At the time of its closure, the SHRC had thousands of cases pending, many of which pertained to serious allegations of human rights violations. The closure of the commission has left victim families in the lurch, with many feeling that their pursuit of justice has been derailed.
The newly formed human rights body within the National Conference will focus on a range of issues, including those related to the Public Safety Act (PSA), the shifting of prisoners, and other human rights concerns. The PSA, a preventive detention law, has been widely criticized for its potential for misuse and arbitrary detention. By addressing such issues, the body aims to provide a platform for those affected to voice their concerns and seek appropriate remedies.
Dr. Abdullah has been a vocal critic of the central government's handling of Jammu and Kashmir, particularly the delay in restoring statehood to the region. He views statehood as a right of the people of Jammu and Kashmir, not a favor to be granted at someone's whim. The formation of the human rights body can also be seen as a proactive step by the National Conference to address the governance deficit and ensure that the rights of the people of Jammu and Kashmir are protected in the absence of a fully functional state government and independent human rights institutions.
The establishment of this human rights body is a significant development in the context of Jammu and Kashmir, where human rights issues have long been a matter of concern. While the body may not have the same legal powers as the SHRC, it can still play a crucial role in raising awareness, documenting cases of human rights violations, and advocating for justice and accountability. It remains to be seen how effective this body will be in addressing the complex human rights challenges in Jammu and Kashmir, but its formation is a welcome step in the right direction.
