Provoking the State: Human Rights in Secession Conflicts
This research paper delves into secessionist movements in India, focusing on the response to such conflicts in the newly formed Union Territory of Jammu and Kashmir. It examines India’s human rights obligations during secessionist conflicts, exploring the principles of derogation, limitations, and reservations. The paper critically analyzes India’s administrative measures, like the Armed Forces (J&K) Special Powers Act, 1990, and the J&K Public Safety Act, 1978, in terms of their compatibility with human rights obligations. Highlighting issues of arbitrary arrests, impunity, violations of freedom of expression, and more, the paper concludes that India’s actions have not fully aligned with its international human rights commitments, particularly in handling the insurgency situation in Kashmir.
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