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Rights At Risk: Analyzing Article 370’s Repeal In Jammu And Kashmir




Rupal Saxena, Amity University, Uttar Pradesh


ABSTRACT


The move aimed to better integrate people of Jammu, Kashmir, and Ladakh into the rest of India, making sure they have equal legal protection and all the rights that other Indian citizens have, irrespective of their sexuality, gender, religion, or social class, as well as receiving better educational and economic opportunities. The Indian Government marked 2019-2020 as one of the historic time periods in the Indian Political History as it legally, democratically, and constitutionally repealed Article 370 from the Indian Constitution on August 5, 2019, ending the special and separate status of Indian State of Jammu and Kashmir. Massive Military was setup in the areas of Jammu and Kashmir followed by a shutdown and curfew in the valley to prevent any kind of havoc virtually and physically. It explores the difficulties locals have in utilizing their fundamental rights by examining the repercussions from this constitutional amendment. The impacts of repealing Article 370 on human rights are significant, ranging from increased surveillance and limitations on media to movement limits imposed by security measures. Furthermore, the arbitrary confinement of political figures without following the proper legal procedures highlights the grave human rights violations in Jammu and Kashmir following the repeal. But it is argued till date that Internationally accepted Human Rights are still being violated in the valley of Kashmir. This abstract attempt to highlight the pressing need to resolve abuses of human rights and protect the liberties and rights of individuals in the region by evaluating these complex concerns.


Keywords: Abrogation of Article 370, Jammu and Kashmir, Indian

Constitution.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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