Law and Detention: A Critical Analysis of Law in the Kashmir Valley

Abstract

The conflict of Kashmir is mapped out as a multi-dimensional dispute between various states. It is an inter-state dispute between India and Pakistan, armed conflict between India and Kashmiri's over the right of self-determination (freedom) and between India and religious militants. Meanwhile, India took repressive measures that created the situation of 'new war' in the state of Jammu and Kashmir. The 'new wars' were basically post-cold war conflicts which differ from the accepted definition of warfare. The main features of these conflicts include human rights abuses, identity issues and the presence of para-military forces, which lead to displacement of population. It is noteworthy that democratic states practice the art of law fare and justifies the violence and brutality against their own inhabitants. The law employed by the government also carries an insurgent potential in order to make claims for resources, recognition, voice, integrity and sovereignty. Similarly, in Kashmir valley where security forces use force to preserve law by enforcing new regulations or by reconsidering established sanctions. The paper would examine why violence like arbitrary detention, torture, and disappearances are existing in the contemporary period and what is the role of law in the valley towards detention.

Mediating Enduring Rivalry: Prospects For Indonesian Mediation Initiatives In The India-Pakistan Kashmir Dispute

“…The partition of the Indian subcontinent in 1947 played a pivotal role in igniting the conflict, as the accession of Kashmir to India became a point of contention between the two nations (Razia, 2021;Ali, 2019). The Kashmir conflict is not only a territorial dispute between India and Pakistan but also involves the people of Jammu and Kashmir, who seek selfdetermination and freedom (Bhat, 2019;Haq, 2019;Munawar, 2018). Pakistan supports the right of self-determination for Kashmiri citizens, while India denies them this right and accuses Pakistan of supporting militant activities in the region (Munawar, 2018).…”