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Human Rights and Armed Conflicts in India

This page provides an overview of human rights issues in the context of armed conflicts within India, focusing on the legal framework and relevant case laws.

Introduction​

Human rights violations during armed conflicts have been a significant concern globally, including in India. The Indian Constitution enshrines fundamental rights and duties, but armed conflicts often challenge the implementation of these rights.

International Law​

India is a signatory to several international treaties that address human rights in conflict situations:

  1. Geneva Conventions (1949)
  2. Additional Protocols to the Geneva Conventions (1977)
  3. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)

These treaties form the basis of India's obligations regarding human rights in armed conflicts.

Domestic Law​

Indian domestic law also addresses human rights concerns in conflict situations:

  1. The Protection of Human Rights Act, 1993
  2. The Armed Forces Special Powers Act, 1958 (AFSPA)
  3. The Unlawful Activities Prevention Act, 1967

Case Laws​

National Security Council v. State of Kerala (1956)​

In this landmark case, the Supreme Court of India established the principle of proportionality in the use of force by security forces.

Legal Section: Article 21 of the Constitution of India

Naga People's Movement for Human Rights v. Union of India (1998)​

This case challenged the constitutionality of AFSPA, particularly its Section 6, which grants immunity to security personnel.

Legal Section: Sections 3 and 5 of AFSPA

PUCL v. Union of India (2004)​

The Public Union for Civil Liberties challenged the validity of AFSPA, arguing that it violates fundamental rights guaranteed under the Constitution.

Legal Section: Articles 14, 19, and 21 of the Constitution of India

Arun Shourie et al. v. Union of India (2014)​

This case concerned the alleged excesses committed by security forces in Jammu and Kashmir, specifically the Batamaloo incident.

Legal Section: Articles 14, 19, and 21 of the Constitution of India

Conclusion​

Human rights in armed conflicts remain a contentious issue in India. While international and domestic laws provide frameworks for protection, challenges persist in balancing national security interests with individual rights. Students of law and LLB should continue to engage with these issues, considering both theoretical frameworks and practical implications through case studies.