minor differences h the figures provided by the parties appearing before the Commission,
there was a general view that some 300,000 Kashmiri Pandits had been forced to leave the
Valley for reasons of the terror unleashed in their home State. Representatives of the Pandits
asserted that some 1000 members of their community had been killed in the Valley, and the
names were mentioned of those who had succumbed to torture at the hands of terrorist groups.
The State and Central Governments did not dispute the numbers of those who had had to
leave the Valley. They asserted, however, that in addition to the Kashmiri Pandits, a number of
Sikh families and some 1500 Muslim families had also registered for relief assistance, while
many other Muslim families had left but were afraid to register for fear of reprisals against their
relatives.
The Commission has noted the efforts of Government to create conditions for the
restoration of peace and security in Jammu & Kashmir, despite grave provocations and setbacks. tt urges that such efforts continue, so that all of the people of the State can resume
lives of normalcy, tranquility and productivity. In this process, it also trusts that those who
have been forced to leave their homes in the Valley will be enabled to return in safety and
dignity.
3.12
Over the five years of its existence, the Commission has observed a distinct
improvement in the sensitivity of the armed forces to human rights issues. The training at all
levels is beginning to have a beneficial effect and the standard operating procedures have
been refined and improved. This is reflected in a decline, in the year under review, of complaints
received by the Commission from areas of insurgency when compared to the preceding year.
3.13
Further, both the Army and the Border Security Force have continued to keep the
3.14
Commission informed of the facts relating to their personnel who have been chargedlpunished
for violating human rights in Jammu & Kashmir and in the North Eastern States. As in the
past, reports from the Army indicate the details of the place of the incident, names of accused,
the allegation made, the gist of the charges framed, the outcome of the inquiry/ trial and the
details of the punishment awarded. Data received from the Army indicates that, whereas it
was necessary for it to investigate 942 allegations of human rights violations by its personnel
in Jammu & Kashmir and the North Eastern States during the year 1997-98, during the year
1998-99 it needed to investigate 144 such allegations. While 109 Army personnel of various
ranks received punishments ranging from reprimands to dismissal in the preceding year, in
the current year 3 members of the Army were sentenced to rigorous imprisonment, of whom
one was also subsequently dismissed.
3.15
The Commission continues to believe that cases of custodial death or rape involving
the army and para-military forces should be reported to the Commission immediately, as is
done by the State Governments in respect of such cases when the police are involved. It