Recently, in April 2020, The International Council for Jurists told the Indian authorities that restricting the travel of migrants due to COVID-19 is a right they have under international law, but that they should make sure the freedom of restriction does not violate human rights and that caution taken is strictly necessary and proportionate.The Act does not give a cause of action to any party of the Conventions, nor are they made enforceable by the Government, and the purpose is thus defeated. Even though there is no right recognised in respect of the protected person that can be enforced in court, India is obligated to respect the Convention when it comes to the treatment of their citizens. ...all these laws are useless as they are not binding on India, and therefore loopholes can be used to break these rules. Geneva Convention Act, 1960 needs to be revised. Unlike the Indian Penal Code, 1860 which does not contain any specific provision on war crimes, the German Penal Code which provides a universal jurisdiction over genocide or other offences if they are made punishable by the terms of international treaty binding on Germany. India should thus adopt Germany’s model.

The Supreme Court of India held that in all the cases of human rights violations, courts are obligated to make sure that the international instruments’ message is not diluted in the case of Apparel Export Promotion Council v. A. K. Chopra.The courts should also ensure that there is accordance towards international conventions and norms in order to interpret domestic laws. However, it is unfortunate to note that the Indian Government failed to observe the guidelines of the Supreme Court. The events in Kashmir sufficiently meet the requisites of internal armed conflict…

In conclusion, we need to dismantle this vicious cycle of violence and counter-violence. The frequent occurrence of humanitarian law and human rights being infringed upon by the security officials and custodial officers bring dark days to our country and spoil the credibility of democracy. These are not just isolated instances or just happening in India. Some collective solutions to the problems are:

1. Establishment of an implementation mechanism at the international level;

2. Demand public officials and Government to immediately cease violations of humanitarian law and human rights in Kashmir;

3. Asking an independent authority like the International Committee of the Red Cross to mandate inspections in disturbed areas periodically;

4. Amendment of Armed Forces Special Powers Act’s draconian provisions;

5. Acceptance and ratification of the Convention Against Torture;

6. Put a plan in motion for adopting universal jurisdiction over war crimes.