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Kashmir became part of the Indian Union in 1950 with a special status under the Act 370. Since then, both Pakistan Administered and India Administered Kashmir exist, divided by LOC. After the 1987 makeshift elections and with the defeat of the pro-Kashmir party, the sense of betrayal and angst intensified to the level of militancy and led to an armed insurgency for the cause of self-determination. To counter this, the Indian government imposed AFSPA in the region in 1990. The armed forces, under the Armed Forces Special Powers Act (AFSPA), the Disturbed Areas Act, the Army Act and the Criminal Procedure Code (for police, who are treated just like civilians by the Army) have immense and unwarranted power which guarantees them impunity from all and any violation of human rights (beyond their professional ‘obligations’). It is rather paradoxical how the forced occupation by the Indian government has only led to less accountability and more violation in the region. This paper attempts to locate the plight and silence of women in the conflict-torn J&K by charting the policies of the Indian state (370, AFSPA, and others) till the post-Burhan Wani situation in the region to bring out the (im)possibility of any likelihood of justice. It will also try to discuss aspects of a governance which itself devises a framework to deny justice and hence implicated in the increase the level of victimisation manifold.
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