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Jammu and Kashmir was a region formerly administered by India as a state from 1952 to 2019, constituting the southern and southeastern portion of the larger Kashmir region, which has been the subject of a dispute between India, Pakistan and China since the mid-20th century. The underlying region of this state were parts of the former princely state of Jammu and Kashmir, whose western districts, now known as Azad Kashmir, and northern territories, now known as Gilgit-Baltistan, are administered by Pakistan. The Aksai Chin region in the east, bordering Tibet, has been under Chinese control since 1962.
Armed Forces Act (AFSPA), 1958 is an act of the Parliament of India that grants special powers to the Indian Armed Forces to maintain public order in "disturbed areas". According to the Disturbed Areas Act, 1976 once declared 'disturbed', the area has to maintain status quo for a minimum of 3 months. One such act passed on 11 September 1958 was applicable to the Naga Hills, then part of Assam. In the following decades it spread, one by one, to the other Seven Sister States in India's northeast. Another one passed in 1983 and applicable to Punjab and Chandigarh was withdrawn in 1997, roughly 14 years after it came to force. An act passed in 1990 was applied to Jammu and Kashmir and has been in force since.
Adarsh Sein Anand was the 29th Chief Justice of India, serving from 10 October 1998 to 31 October 2001.
The Indian Penal Code (IPC) was the official criminal code in the Republic of India, inherited from British India after independence, until it was replaced by Bharatiya Nyaya Sanhita in December 2023. It was a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of the first Law Commission of India established in 1834 under the Charter Act of 1833 under the chairmanship of Lord Thomas Babington Macaulay. It came into force on the subcontinent during the British rule in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The code has since been amended several times and is now supplemented by other criminal provisions.
The insurgency in Jammu and Kashmir, also known as the Kashmir insurgency, is an ongoing separatist militant insurgency against the Indian administration in Jammu and Kashmir, a territory constituting the southwestern portion of the larger geographical region of Kashmir, which has been the subject of a territorial dispute between India and Pakistan since 1947.
The Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" which is required to reply expeditiously or within thirty days. In case of matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.
The Kashmir conflict is a territorial conflict over the Kashmir region, primarily between India and Pakistan, and also between China and India in the northeastern portion of the region. The conflict started after the partition of India in 1947 as both India and Pakistan claimed the entirety of the former princely state of Jammu and Kashmir. It is a dispute over the region that escalated into three wars between India and Pakistan and several other armed skirmishes. India controls approximately 55% of the land area of the region that includes Jammu, the Kashmir Valley, most of Ladakh, the Siachen Glacier, and 70% of its population; Pakistan controls approximately 30% of the land area that includes Azad Kashmir and Gilgit-Baltistan; and China controls the remaining 15% of the land area that includes the Aksai Chin region, the mostly uninhabited Trans-Karakoram Tract, and part of the Demchok sector.
Article 370 of the Indian constitution gave special status to Jammu and Kashmir, a region located in the northern part of the Indian subcontinent and part of the larger region of Kashmir which has been the subject of a dispute between India, Pakistan and China since 1947. Jammu and Kashmir was administered by India as a state from 17 November 1952 to 31 October 2019, and Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration.
Human rights in India is an issue complicated by the country's large size and population as well as its diverse culture, despite its status as the world's largest sovereign, secular, socialist democratic republic. The Constitution of India provides for fundamental rights, which include freedom of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. The country also has an independent judiciary as well as bodies to look into issues of human rights.
The Bijbehara Massacre took place when 74th Battalion Border Security Force (BSF) fired upon protesters in the Anantnag district of Jammu and Kashmir, India on 22 October 1993, killing 51 civilians. In the official version of events, BSF had only acted in self-defense when fired upon by militants; however, this narrative was rejected by Human Rights Watch citing the 1993 U.S. Department of State country report on human rights in India which said, "Despite government claims that the security forces were ambushed by militants, only one BSF sub inspector was injured."
A union territory is a type of administrative division in the Republic of India. Unlike the states of India, which have their own governments, union territories are federal territories governed, in part or in whole, by the Union Government of India. There are currently eight union territories in India: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Delhi (NCT), Jammu and Kashmir, Ladakh, Lakshadweep and Puducherry.
The Jammu and Kashmir Legislative Assembly, also known as the Jammu and Kashmir Vidhan Sabha is the legislature of Indian union territory of Jammu and Kashmir.
Human rights abuses in Jammu and Kashmir range from mass killings, enforced disappearances, torture, rape and sexual abuse to political repression and suppression of freedom of speech. The Indian Army, Central Reserve Police Force (CRPF), and Border Security Personnel (BSF) have been accused of committing severe human rights abuses against Kashmiri civilians. According to Seema Kazi, militant groups have also been held responsible for similar crimes, but the vast majority of abuses have been perpetrated by the armed forces of the Indian government.
Human rights abuses in Kashmir have been perpetrated by various belligerents in the territories controlled by both India and Pakistan since the two countries' conflict over the region began with their first war in 1947–1948, shortly after the partition of British India. The organized breaches of fundamental human rights in Kashmir are tied to the contested territorial status of the region, over which India and Pakistan have fought multiple wars. More specifically, the issue pertains to abuses committed in Indian-administered Kashmir and in Pakistani-administered Kashmir.
Elections in the Union Territory of Jammu and Kashmir are conducted in accordance with the Constitution of India to elect the representatives of various bodies at national, state and district levels including the 114 seat unicameral Jammu and Kashmir Legislative Assembly and the Parliament of India. The first elections in the Union Territory of Jammu and Kashmir took place between 28 November and 19 December 2020 in the form of by-elections to District Development Councils and municipal and panchayat level bodies. A fresh delimitation process for assembly constituencies began in February–March 2020.
The Jammu and Kashmir Reorganisation Act, 2019 is an act of the parliament of India containing provisions to reconstitute the Indian-administered state of Jammu and Kashmir into two Indian-administered union territories (UTs) called Jammu and Kashmir, and Ladakh, and becoming effective on 31 October 2019. A bill for the act was introduced by the Minister of Home Affairs, Amit Shah, in the Rajya Sabha on 5 August 2019 and was passed on the same day. It was then passed by the Lok Sabha on 6 August 2019 and it received the president's assent on 9 August 2019.
On 5 August 2019, the Government of India revoked the special status, or autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir—a region administered by India as a state which consists of the larger part of Kashmir which has been the subject of dispute among India, Pakistan, and China since 1947.
The Jammu and Kashmir Public Safety Act, 1978 (PSA) is a preventive detention law under which a person is taken into custody to prevent them from acting harmfully against "the security of the state or the maintenance of the public order" in the Indian state of Jammu and Kashmir. Whereas PSA applies only to Jammu and Kashmir, it is very similar to the National Security Act that is used by the central and other state governments of India for preventive detention.
The Interim Constitution of Azad Jammu and Kashmir provides for an apparently transitory autonomous parliamentary framework of self-governance and power sharing for the region of Azad Jammu and Kashmir, defined by the act as the "territories of the State of Jammu and Kashmir which have been liberated by the people of that State and for the time being under the administration of Government and such other territories as may hereafter come under its administration", however it does not pertain to areas such as Gilgit, Hunza and Baltistan. The act succeeded and re-enacted the Azad Jammu and Kashmir Government Act, 1970 with modifications. It was promulgated under the Prime Minister of Pakistan Zulfiqar Ali Bhutto. The constitution has been amended 14 times. It is based on the 1973 Constitution of Pakistan.
Jammu and Kashmir State Commission for Women is a statutory body constituted in the year 1993 to deal with the issues relating to crime against women in the state of Jammu and Kashmir. The commission for welfare of women in the state was set up by Jammu and Kashmir Government as a quasi-judicial body.
References
- 1 2 Zargar, Safwat (5 August 2021). "Nowhere to go for justice, two years after Jammu and Kashmir lost statehood". Scroll.in. Retrieved 17 October 2021.
With Jammu and Kashmir and Ladakh officially transitioning into being Union territories from October 31, 2019, they now come under the purview of the National Human Rights Commission in New Delhi. That is what the Jammu and Kashmir High Court ruled in December 2020...
- 1 2 "IPCS | Institute Of Peace & Conflict Studies". www.ipcs.org. Retrieved 9 July 2019.
- ↑ "State Human Rights Commission". Government of Jammu and Kashmir - Department of Law, Justice & Parliamentary Affairs. Retrieved 8 July 2018.
- ↑ "Alphabetical list of state acts" (PDF). Government of Jammu and Kashmir - Law Department. July 2010. Archived from the original (PDF) on 6 July 2017. Retrieved 8 July 2018.
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