Hermeneutical Inquiry of Human Rights Violations in Kashmir: International Humanitarian Law Perspective

Abstract

Human rights are the basic rights of a human; if a human is deprived of his basic rights his survival is difficult. This research paper is aimed to dig out the human rights violations by India and its forces under the leadership of BJP led National Democratic Alliance (NDA) in Kashmir region. The violations of International Humanitarian Law (IHL) by India and its security forces in Indian Occupied Jammu & Kashmir (IOJ&K) has held India as responsible for violations of the Common Article 3 of IHL. The hermeneutical inquiry of Kashmir conflict under the prism of IHL has explained that India is intentionally trying to misinterpret the IHL to promote its RSS ideology. Indian forces actions against the civilians in Kashmir, is a pure act of aggression. The interpretation methodology by Dilthey, Nietzsche and Jargen Hebemas explains that India being largest democracy in the world, has now transformed itself as the key violator of International law. Moreover, the spillover effect of Modi‘s cantankerous policies is also visible within India.