The Right to Self-Determination of the Peoples-The Case of Kashmir

The purpose of the present research is to examine the concept of self-determination and its applicability in international law. It also examines the applicability of secession as external right of self-determination. Secession is further analysed through the emerging doctrine of remedial secession. According to this doctrine people are entitled to secede under certain conditions that’s is when internal self-determination and human rights are violated by the parent state, and no other option is available but secession. The case of Jammu and Kashmir is the focus of this research where the Kashmiris are demanding their right to self-determination and independence from the Indian state. In this scenario, the applicability of secession is examined in the backdrop of denial of autonomy and gross human rights violations. It is endeavoured through this work to highlight the fact that the right to self –determination is of utmost importance for the people to decide their political, cultural and economic future. Keywords: Self-determination, Independence, Secession, Remedial secession, International Law, Human rights, United Nations, India, Pakistan, Jammu and Kashmir,