ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Denial of Justice

The recent media hype of the court martial in the Macchil fake encounter case of 2010 and the subsequent welcome statements by politicians are part of the media propaganda of the Indian Army’s obfuscation campaign in Jammu and Kashmir (J&K).

The court martial proceedings in the context of the J&K conflict, which is a military occupation, are a futile exercise. How can the same army be trusted to prosecute its personnel for human rights abuse, after having institutionalised mechanisms of impunity and incentivised a policy of encouraging extrajudicial killings? Court martials are exactly like kangaroo courts where the victim has no rights, no access and there is absolute lack of transparency, while the accused has all the protection, access and also the scope to challenge the wrongs of the judgment in the higher courts. The civilian victims cannot avail the opportunity of being represented by a lawyer in a court martial and neither do they have the right to challenge the court martial judgments in the higher courts.

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