highest echelons of the State Government and with the State Human Rlghts Commission. It
also received a number of delegations, Including leaders of all political parties, some belonging
to militant groups that had in earlier years boycotted the Commission. It met with members of
the pubtic who gave vent without hindrance or fear to their grievances, many of whom handed
over written complaints to the Commission.
The State of Jammu & Kashmir has paid a heavy price for the violence of the past
3.9
decade. The Commisaion accordingly discussed all aspects of the situation in the State with
those whom It met, stressing in particular the need to implement detalled plans to heal the
physical and psychic wounds of those who had suffered especially the women and children,
and the orphans, whose lives have been blighted by violence. It also reviewed the progress
made in the investigation of complaints brought before it, keeping the petitioners informed of
its efforts to the greatest extent possible. But apart from issues arising from the insurgency,
the Commission also raieed more general human rights issues:the prevalence of child labour,
including the employment of children below the age of 14 years by Government servants; the
persistence of manual scavenging despite the existing legislation on this subject; the occurrence
of deaths and ma!-practices in juvenile homes; the improvement of dietary and other conditions
in prisons and police lock-ups; the introduction of model autopsy forms and other means to
improve the existing criminal justice system. These matters are being followed up with the
State authorities; the Commission being gratified to learn that, as far as the employment of
children under 14 years by Gwernment servants is concerned, the Home Department has
already amended the Conduct Rules to prohibit such a practice.
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3.1 0 The Commission also had occasion to discuss in detail the poignant circumstances of
the Kashrnirl Pandits who have been forced to leave the Valley and live in large numbers in
camps in Jammu, Oelhi and elsewhere. It visited Jammu and interacted with representatives
of this group. Many of the issues concerningthem, including the school and university education
of their children, their health care, social security, salaries and employment options have been
the subject of proceedings before the Commission. Further, two key issues relating to them
were, in the course of the year, the subject of particulat attention by the Commission: the
grave claim that the Kashmiri Pandits ware the victims of genocide, and the complex issue
that arose in the course of the hearings, which related to the degree and nature of the
Commission's jurisdiction in respect of human rights issues In the State of Jammu & Kashmir.
On both of these matters, the Commission was due to deliver major opinions as the reporting
year 1998-99 drew to a close.
3.11
Suffice it to say, at this stage, that the data presented to the Commission in the course
of the hearings was profoundly disturbing and tragic. The Central Government indicated that
the number of those killed because of terrorism and insurgency in the State between 1988-97
was 16,850, including 6,Zf 9 Muslim civilians and 710 Hindu civilians. Though there were