Pakistan and India have fought four overt wars and remained in a
confrontational mode and blame game (evident from the recent instances of
Uri attack 2016 and Pulwama attack 2019). The atmosphere of suspicion and
hostility between the two has plagued the relationship for more than seven
decades. The enduring tension prompted them to go for a nuclear option.
Kashmir Intifada (insurgency) is a breeding ground for separatist uprising
against India’s control over Jammu and Kashmir that is allegedly supported
by Pakistan by providing them with logistic support, arms, recruits and
training (Chowdhary, 2014). Since 1987, after the disputed state election, a
fresh wave of Kashmiri youth’s strong resistance to the political stalemate
paved the way for excessive militarization in the Vale by the Indian state
leading towards human rights violations. In the mid-1988, the Valley was hit
by a series of strikes and demonstrations. In 1990, the insurgency became a
major challenge for India (Nabi & Khan, 2014).
The 22 districts of Jammu and Kashmir have become a hotbed of violence
such as killings, torture, sexual abuse and ethnic cleansing of Kashmiris.
Since, excessively militarized societies use rape and other sexually violent
acts as a weapon of war to demoralize the enemy’s morale as they are
unable to protect their women. Similarly, in order to crush the freedom
struggle in Kashmir, India deployed 700,000 military and paramilitary forces
(Sehgal, 2011) for a 12.6 million population. These forces used persecution,
sexual and physical violence and killings with impunity (Nabeel, 2017).
The deployment of excessive military personnel was supported with the
enforcement of immunity laws in Jammu and Kashmir such as PSA (Public
Safety Act, 1978), AFSPA (Armed Forces Special Power Act, 1990) and TADA
(Terrorist and Disruptive Activities Act, 1990) provide the security forces
personnel with the powers to conduct a search operation without warrant, to
arrest and shoot the suspected law violators disrupting the peace and people
suspected of sheltering militant outfits or containing arms. These acts deny
accountability and prosecution of armed forces personnel without the prior
permission of Government of India (Wani, Andi & Joseph, 2013).