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International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 6 No. IV (2023)pp. 2730–2741

Provoking the State: Human Rights in Secession Conflicts

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Nithin V.Advocate at Chamber of Adv. Sanjeev Kumar, India
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Published 31 August 2023 · pp. 2730–2741 · Vol. 6 No. IV (2023)
Abstract

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.

Keywords
Secessionist movementsJammu & KashmirHuman Rights LawICCPRInternational Humanitarian lawArmed Forces Special Power ActJ&K Public Safety Act

How to cite

Nithin V., Provoking the State: Human Rights in Secession Conflicts, 6 Int'l J. L. Mgmt. & Human. 2730 (2023).

Cite this article

Nithin V., Provoking the State: Human Rights in Secession Conflicts, 6 Int'l J. L. Mgmt. & Human. 2730 (2023).
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