India’s Clampdown in Kashmir: A Legal Perspective.

Abstract

This article scrutinizes the repercussions of India's clampdown in Kashmir, with a primary focus on the region's tumultuous state since August 5th, 2019. Historically, Indian-occupied Jammu and Kashmir (IOJK) had been granted special status since its partition in 1947. However, the Government's decision to abrogate Article 370 and 35-A significantly altered this status, leading to the implementation of new laws and actions aimed at reshaping the demographics of the Kashmir. The consequences of this governmental action have been nothing short of disastrous. The article sheds light on the alarming surge in violence, the crippling of the economy, and the devastation of livelihoods faced by the Kashmiri people. Furthermore, the process of granting Domicile Certificates to individuals from outside the region poses an existential threat to the very fabric of Kashmiri society, impacting not only the current generation but also generations to come. These measures have raised grave concerns about their compliance with international humanitarian and human rights law, as well as the United Nations' resolutions, which have previously promised a plebiscite. This paper critically analyzes the unfolding situation in the valley, offering insights into the severe human rights abuses faced by the Kashmiri population. The aim is to draw attention to the dire impact of these actions on the lives and well-being of the people in Kashmir and advocate for a resolution that upholds the principles of justice, peace, and respect for human rights in the region.