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Provoking the State: Human Rights in Secession Conflicts
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Nithin V.
Advocate at Chamber of Adv. Sanjeev Kumar, India
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.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2730 - 2741
DOI: https://doij.org/10.10000/IJLMH.115713Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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