Armed Conflict and Imposition of UAPA in J&K: The Role of Judiciary in Maintaining Law and Order

Abstract

The Jammu and Kashmir region has since long been a focal point of conflict and terrorism which has been having a multifaceted impact on the civil liberties in Jammu and Kashmir. This paper is focussed on exploring the historical antecedents, the nature of terrorist activities, and the legal frameworks employed to address these threats. The paper delves into the socio-economic repercussions of terrorism, human rights violations, and the responses from both governmental and non-governmental entities. By analysing these dimensions, the paper is an attempt to provide a comprehensive understanding of the delicate balance between maintaining security and preserving civil liberties in a region plagued by protracted violence.

Jammu and Kashmir region, located in the northern part of the Indian subcontinent, has been embroiled in conflict since the Partition of India and Pakistan in 1947. The historical backdrop of the region, characterized by territorial disputes and political strife, has significantly influenced its present condition. Terrorism, a critical component of this conflict, has had profound implications for the civil liberties of the residents of the Jammu and Kashmir region. The persistent insurgency and cross-border terrorism have necessitated stringent security measures, which, while aimed at curbing violence, have often led to severe restrictions on individual freedoms.