Kashmir as a Protracted Conflict: The Legacy of Colonialism and International Law
Volume IV, Issue I, 2021
More than a year after the highly debated ‘Article 370’ and ‘Article 35A’ of the Indian Constitution were made inoperative by the government of India, it has become imperative to comprehend how these moves have shaped the conflict ever since. The intractability of conflict in Kashmir has left everyone in a disarray and even after the Indian government made Jammu and Kashmir its union territory, there has been hardly any decrease in either the human rights violations or the armed insurgency. The region of Kashmir has been battling the conflict for decades now and this protracted conflict has not only been detrimental to the rights of the people of Kashmir but has also been the reason for huge and widespread underdevelopment. This article, therefore, tries to revisit the roots of this conflict by showcasing to what extent international law and the legacies of colonialism have been a part of the conflict in Kashmir.
Keywords: TWAIL, Colonialism, Self-determination, uti possidetis, Protracted conflict