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Cross path of Humanitarian laws With India: An Interpretation of Kashmir and its call for rights

Author: Arpana, Central University of South Bihar, Gaya, India

Abstract The existences of human civilization, peace, security and harmony have always been threatened by the barbaric inherent nature of human kind to Indulge in war and conflict. The duty to protect the interest of the innocent and the vulnerable during war and aggression thus is a responsibility of the state leading to its adumbration to the international humanitarian laws. Under the International Humanitarian Law, every state is under threefold obligation to protect, respect and fulfil its duties towards the human rights. India is a founding member state of United Nations, as well as is signatory to various treaties and conventions relating to international humanitarian laws. The constitution of India, as embedded in Article 21, protect the right to life every person and also thrives towards ensuring a humane condition of life for every individual irrespective of its status or nationality. The essay focuses on the incorporation of the International Humanitarian Law in the Indian Legal System, both pre and post-Independence keeping into consideration the transformation of the socio-political scenario post scraping of Article 370, while analysis its stand in the critical situation of Kashmir Conflict. The author states the views in regards to the situation of crises, in human rights recognition in the Kashmir Valley, amidst the insurgency and constant state of conflict among the government, separatist and cross border influences. The conclusion to the paper indicates various other instance and lacunas of Indian Government in its compliance with the International Humanitarian Laws along with suggestive measures to address the turmoil of tussle between Human Rights and Government.

Keywords: State and War, Human Rights, International Humanitarian Laws, Indian Legal System, Kashmir Conflict, Article 370.

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