First step towards a legal understanding of minority groups discrimination: the case of Kashmiri Pandits

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Abstract

Starting in the 1990s, the Kashmiri Pandits - who are a minority in the predominantly Muslim State of Kashmir, but belong to the Hindu majority in the Indian confederation - were forced to flee their homeland. They consider themselves victims of human rights violations of the right to life and physical integrity, to liberty and security, civil and political, economic, social and cultural rights, and to national judicial protection; some of them speak of genocide. The recent movie The Kashmir Files, rekindled public interest in their struggle to access justice and fair trials but more importantly to the politicisation of the exodus. This literature review considers the broader theme of the (in)visibility of minority groups in India and how institutions may increase vulnerability and marginality. Through the angle of Kashmiri Pandits, this text analyses the current research and literature around the minority groups exodus and its impact for setting judicial precedents.
Original languageEnglish
Title of host publicationWhat's New in Human Rights Doctoral Research: A Collection of Critical Literature Reviews
EditorsPietro De Perini, Paolo De Stefani
Place of PublicationPadova
PublisherPadova University Press
Pages58-78
Number of pages21
Volume5
ISBN (Electronic)9788869383472
Publication statusPublished - 2023
Externally publishedYes

Keywords

  • India
  • Kashmiri Pandits
  • Kashmiriyat
  • exodus
  • collective memory

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