Preventive detention in counter-insurgencies: The case of Kashmir

Abstract

This paper offers an analysis of preventive detention in the context of the disputed territory of Jammu and Kashmir. It primarily explores the covert objectives behind the use of a preventive detention law, namely the Public Safety Act in Kashmir. It explains how this law has been used as a political tool by authorities to achieve their ulterior motives, which diverge from the phi-losophy of detention, i.e. the rehabilitation of the prisoners. This paper seeks to answer two main questions: firstly, why is preventive detention being used abusively in Kashmir, and secondly, how and why has it persisted despite widespread condemnation and accusations of human rights abuse.