How the Indian Government are using “The Constitution (Application to Jammu and Kashmir) Order, 2019” to suppress the right to self-determination of the citizens of Kashmir?

Abstract

The principle of self-determination is one of the significant principles in international law and order that is recognized in various treaties and agreements. It is noted that all individuals are entitled to this right whether they belong to colonial rule or are independent, the right to self-determination is for all. Since 1947, the people of Kashmir have been victimized and deprived of their basic rights as both India and Pakistan laid claim to the territory of Jammu and Kashmir. With the introduction of The Constitution (applicable to Jammu and Kashmir) Order 2019, a Lockdown situation has been created in the territory and the people are divested of their basic rights to choose political participation and identity. The Government of India revoked articles 370 and 35A which withdrew the special status of Jammu and Kashmir. The human rights violations and the denial of the right to self-determination are some of the major concerns of the Kashmiris. The focus of the international community is the conflict between India and Pakistan and the avoidance of war between the two rather than the interests and rights of the people of Kashmir which are of utmost significance as they are one of the most prominent actors in the conflict that are largely ignored. This research aims to highlight the impact of recent legal developments by the Indian government with respect to the right to self-determination of the people of Kashmir.