Protection of civilian population under international humanitarian law : violations in Indian held Kashmir.

Abstract

The research topic is based on the violations of IHL in Indian held Kashmir and how since the past 70 years the Kashmiri civilians have been subjected to inhumane treatments and the basic violations of their fundamental rights. Kashmir has been fighting a battle since the independence from the British rule yet they were never the ones who were granted freedom. This battle is between the freedom fighters and the Indian Security/Armed Forces and the ones suffering the most are the civilians who are not taking part in the hostility. This research is based on how they can be granted their due right and how India is liable for committing the violations of not just human rights laws but mainly humanitarian law. It has been identified that Kashmir is a conflicted zone and Kashmir and India are in an armed conflict. The conflict although is non-international in character. The questions have made the researchers come to a point that if the issue is raised as a violation of humanitarian laws in UN General Assembly and Security Council, the issue of Kashmir can be resolved. It has been reviewed that the demands of Kashmiris is legitimate and after conducting an interview of Kashmiri freedom fighter Syed Salahuddin, it has been established that the United Nations have accepted it as a legitimate issue and demand.