ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles By Gazala Peer

In Pursuit of Justice

The palpably fake encounter killing of innocent villagers at Pathribal has become one of the bellwether cases about India's human rights record in Kashmir and the manner in which the State deals with this. For more than 12 years, the Government of India has done everything in its power to deny justice to the victims and protect the guilty. In this context, the Supreme Court's judgment on the Armed Forces (Special Powers) Act has only strengthened the impunity of the security forces and weakened the fundamental rights of citizens.

An Unpleasant Autonomy

A comparison with the constitutions of the United States and China reveals that Article 370 of the Indian Constitution – which recognises the special status for the state of Jammu and Kashmir – is neither against its federal character nor its unitary scheme. It is important to restore the “inviolability” of Article 370 – which has constantly eroded over time – so that the two constitutions, i e, Constitution of Jammu and Kashmir and the Constitution of India can work harmoniously and within the principles of constitutionalism.