Limitations of the domestic apparatus: considering the vocabulary and practice of international human rights law in Kashmir

The people of the Kashmir valley, caught in a dispute between two State entities, have been casualties of violence since 1947. Denied the right to self-determination, Kashmiris have lived entire lifetimes in a high-risk region where any and all activity can be termed a risk to national security and used to justify the waiver of human and fundamental rights. MAHIMA BALAJI writes about the vindication of rights that the lens of international human rights law can provide to those who are failed by their domestic constitutional law framework.

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AGAINST the backdrop of gross human rights violations, there have been severe crackdowns on free speech in Kashmir. Be it the use of terrorism legislation to curb 'anti-national' content, the longest internet blackout imposed in a democracy, or even excessively intrusive regulations such as the Kashmir Media Policy 2020 (I have explored the contours of this in another blog post here).

In the context of this narrative, there is a need to consider the lack of potency surrounding India's constitutional apparatus – particularly its inappropriateness and consistent failure in protecting the rights of Kashmiris, considering the protracted state of conflict. Alternatively, over the course of this piece, I argue that there is a need to consider articulating claims using the discourse of international human rights law (IHRL) to protect and vindicate fundamental human rights in the region.