Uzma Kar, B.A. LL.B., School of Law, Lovely Professional University
ABSTRACT
Conflicting laws control the tumultuous situation in Jammu and Kashmir: The Armed Forces Jammu and Kashmir Special Powers Act (AFSPA) of 1990. National security services have been increasingly employing these laws against suspected insurgents and terrorists in recent years. According to the study, India's execution of these rules failed in Kashmir and across the country. Rather, it is to blame for the current outbreak of unparalleled violence in the region, whether intentionally or not. This study contends that the AFPSA has be misused which has resulted in massive violation of human rights, resulting in massive anti-Indian sentiment and forstered the rise in insurgents in that region. This paper will explore why the Act failed to bring any kind of normalcy to Kashmir. This report offers strategies to limit and eventually eliminate the law, laying the groundwork for settling the Kashmir issue, in order to persuade governments at the institutional and provincial levels to reconsider its application.
AFSPA has been in operation for over two decades with no breaks in between. Because of its scant protections, it has made it easier for human rights violations to occur. AFSPA, which was originally intended to be temporary, has now become a permanent element. The government continues to issue reports of tortures, jail deaths, forced disappearances, rapes, and bogus instances. AFSPA has empowered the forces in their operations, allowing them to use more than necessary force to shut down the wishes of the populates in order to stabilize and maintain the "quiet" that is observed in the lives of the citizens of this district. The paper claims that such conditions isn't not sustainable in view of India's shown democratic evidence, and hence calls for the repeal of AFSPA.
Comments