Rajat Pachory, B.A.LLB (Hons.), School of Law, Christ (Deemed to be University), Bengaluru
ABSTRACT
The Government of India's Armed Forces Special Powers Act (AFSPA), a law that has been in effect in Jammu and Kashmir (J&K) since the 1990s and in the "disturbed areas" of India's North-East since 1958, requires a critical and historical study. This is due to the fact that in the areas where AFSPA operates, the armed forces are suspected of having committed one of the most obscure human rights violations ever, but they enjoy legal impunity. Due to this, the AFSPA is seen as "draconian" and "colonial. "The paper’s objective is to investigate how much AFSPA is still a part of daily life for the dwellers of these hotly disputed areas. This paper deals with the rare areas in India where subtly enforced official laws cover up human rights crimes. This journal argues how AFSPA has become the product of large-scale human rights violations resulting in an unprecedented rise in domestic insurgency and broad anti-Indian sentiment. Journal suggests concrete methods to reduce the unlawful powers granted to the forces and offers advice to minimise the violation of human rights. The Act is discussed from a security standpoint in the second section. In doing so, it reiterates the strategic importance of upholding human rights and humanitarian law while dealing with insurgencies. It concludes by offering the military some ideas that will help it make sure that the AFSPA works best.
Keywords: Human Rights, Insurgency, Legal Impunity.
