Kashmir Law and Justice Project
SUMMARY
November 23, 2023

This report critically analyzes the conduct of the Indian Supreme Court with respect to Indian-administered Jammu and Kashmir and the fundamental rights of the people of that region. We explore disinformation, lawfare, colonialism, democratic authoritarianism, marginalization, censorship, supremacism, impunity and international complicity in grave violations since 1947, offering a grounded, critical perspective on systemic failure.

ARTICLE PREVIEW

In Complete Injustice: The Indian Supreme Court and the Misrule of Law in Kashmir, we challenge dominant narratives about Indian-administered Jammu and Kashmir, India and the prevailing international order.  We critically analyze the conduct of the Indian Supreme Court with respect to Indian-administered Jammu and Kashmir and the fundamental rights of the people of that region.  We explore disinformation, lawfare, colonialism, democratic authoritarianism, marginalization, censorship, supremacism, impunity and international complicity in grave violations since 1947, offering a grounded, critical perspective on systemic failure.  A companion discussion guide summarizes key points and provides additional resources and questions for consideration.  

Topics: introduction; the misrule of law: confronting a dominant narrative; instruments of illegality: "legalizing" occupation, annexation and colonization; sage, savior, inside man: MC Mahajan and India's criminal course of conduct in IAJK; capricious, not arbitrary: the Supreme Court's jurisprudence legalizing India's criminal course of conduct in IAJK; denying liberty: the Supreme Court's jurisprudence on arbitrary detention in IAJK; killing with impunity: the Supreme Court's jurisprudence on extrajudicial killing in IAJK; abusing to control: the Supreme Court's jurisprudence on rape, maiming and persecution in IAJK; coddling India's collective conscience: the Supreme Court's jurisprudence of condoning violence targeting Kashmiris; apex lawfare

Terms: disinformation, occupation, annexation, colonization, the Basic Order, Article 370, Instrument of Accession, Treaty of Amritsar, Mehr Chand Mahajan, Hari Singh, Sheikh Abdullah, National Conference, Indian National Congress, Prem Nath Kaul, Sampat Prakash, Maqbool Damnoo, Santosh Gupta, Asiq Hussain Faktoo, Masarat Alam Bhat, Mian Abdul Qayoom, Saifuddin Soz, Pathribal Fake Encounter, Zahid Farooq Sheikh, Masood Parveen, Kunan Poshpora, J&K High Court Bar Association, Anuradha Bhasin, Maqbool Bhat, Afzal Guru, Wandhama, Chattisinghpora, UN Security Council resolutions

Link to Original Article

November 2023

Originally published

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