The Jammu & Kashmir Protection of Human Rights Act, 1997: A Critical Evaluation

Abstract

As a matter of fact, the special status accorded to the state of Jammu & Kashmir in the Indian federal system, has its bearing & effect on the passage of laws. To make the development regarding the establishment of Human Rights Commission & courts at national level as well as similar provisions in the states, as provided by The Protection of Human Rights Act,1993, workable in the state, it was inevitable to pass a State Act in this regard. As such, the Bill passed by the State legislature after receiving the governor's assent on 30^th May, 1997, became a law & was reduced into the Act namely, The Jammu & Kashmir Protection of Human Rights Act, 1997, hereinafter referred to as the Act. The present paper attempts to find out as to why the Act has turned out to be an ineffective instrument to check Human Rights violations in the state of Jammu & Kashmir & failed to deliver on the expected lines.