The Armed Forces Special Powers Act, 1990 In Conflict with Article 6 of the ICCPR; It’s about Ethics and Not Pseudo-Nationalism

By confounding the current dynamics related to the legality and proportionality of AFSPA, this piece offers an invitation to look beyond the archetypical enigma that dominates the global headlines, in order to unveil the struggles for right to life and liberty. The representation of the oppressed voices is crucial to breaking the hegemonic narrative of the oppressor and hence there should be representation at every stage. One should not question the very existence of Kashmiris instead one should understand them as we grow together not by force but by peaceful representation and co-existence. The broad argument of this essay is honest and analytical as it tries to examine the recourses, if any, the people of Kashmir has under both the domestic laws and international laws. This annotation will try to provide a holistic view of the means adopted by New Delhi to shun the people of Kashmir to speechlessness at the backing of a national legislation, i.e. the Armed Forces Special Powers Act, 1990 in Part I. Part II attempts at drawing the parallels in order to highlight the unconditional support offered by various committees in reviewing AFSPA as it represents tyranny, bloodbath and disproportionate use of force. Part III tries to dwell into the various aspects of the AFPSA to provide a better account as to if it’s a national necessity or a tool legalizing human rights violations. Part IV highlights the application of AFSPA being inconsistent with various provisions of ICCPR, which views right to life as a supreme virtue from which no derogation is permitted. Part V outlines the series of events, which explain the paradoxical conundrum of AFSPA being used as a tool to counter dissent and accordingly explores the potential remedies that can help in achieving peace in the region.