Public Safety Act: A Dual Edge Sword in Kashmir
Abstract
The Public Safety Act was enacted in Jammu and Kashmir in 1978 to prevent the abuse of youth involved in drug trafficking. However, it has since been repurposed to address security concerns, particularly in the context of the region’s protracted conflict. This paper examines the application of the Public Safety Act in Kashmir, highlighting instances of both its beneficial use and potential abuse. We analyze a notable case involving a police officer whose son was killed in the violence and who faced imprisonment under the Public Safety Act for protesting against its misuse. Furthermore, we evaluate the responses of the Supreme Court and High Courts regarding the act, scrutinizing their stances on human rights versus state security. Through qualitative analysis, this study sheds light on the delicate balance between maintaining public safety and upholding individual rights in conflict zones.
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