This thesis examines the implications of the operation of the Armed Forces (Jammu & Kashmir) Special Powers Act 1990 (“Act”) on Kashmir from human rights perspective. It draws a comparison between the Act and the existing penal legislations in India. It proposes that the Act should be repealed and actions of the armed forces should be governed by the already existing penal legislations. It suggests amendment of similar state and central legislations conferring immunity to the armed forces. The precondition of approval of the Central Government for instituting a legal proceeding should be removed. It proposes constitution of special grievance cells at district levels to adjudicate cases against the armed forces before being referred to the higher courts. The thesis urges the Indian Government to approach the issue of Kashmir following principles of Ahimsa (“non–violence”) and Satyagraha (“insistence on truth”) adopted by Mahatma Gandhi during the Indian independence struggle.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:OTU.1807/42720 |
| Date | 21 November 2013 |
| Creators | Chaudhary, Shweta |
| Contributors | Roach, Kent |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
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