While the government is on the verge of endorsing the Transitional Justice Bill, human rights defenders have expressed serious concern regarding the amendment in the provisions that are flawed and offend the essence of justice.
They have demanded that errors in the bill be rectified before it is tabled in the Parliament. Further, they want the subcommittee formed by the Law, Justice, and Human Rights Committee of the Lower House to prepare the bill from a victim-centered approach.
In the bill, the definition of 'human rights violation' and 'serious violation of human rights,' amnesty, judgments and punishments, and prosecution, and the provisions of jurisdiction and appeals of the special court—among others—are seriously flawed, according to experts.
According to the Senior Advocate Dinesh Tripathi, heinous crimes were committed during the conflict era. However, no victim has been given justice.
Similarly, Mandira Sharma—senior international legal adviser in the International Court of Justice Asia-Pacific Program—said that if the bill is passed with these amendments, it will allow the government to withdraw cases such as heinous crimes committed by activists and leaders of political parties, even if they have violated serious human rights, undermining justice for victims, the rule of law, accountability, and judicial independence.
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