Social Values & Society 1(2) (2019) 15-19 Cite The Article: Inamul Haq (2019). Law And Detention: A Critical Analysis Of Law In The Kashmir Valley. Social Values & Society, 1(2):15-19. E-ISSN: 2682-7964 (Online) ARTICLE DETAILS Article History: Received 01 April 2019 Accepted 06 May 2019 Available online 09 May 2019 ABSTRACT The conflict of Kashmir is mapped out as a multi-dimensional dispute between various states. It is an inter-state dispute between India and Pakistan, armed conflict between India and Kashmiri’s over the right of self -determination (freedom) and between India and religious militants. Meanwhile, India took repressive measures that created the situation of ‘new war’ in the state of Jammu and Kashmir. The ‘new wars’ were basically post -cold war conflicts which differ from the accepted definition of warfare. The main features of these conflicts include human rights abuses, identity issues and the presence of para-military forces, which lead to displacement of population. It is noteworthy that democratic states practice the art of law fare and justifies the violence and brutality against their own inhabitants. The law employed by the government also carries an insurgent potential in order to make claims for resources, recognition, voice, integrity and sovereignty. Similarly, in Kashmir valley where security forces use force to preserve law by enforcing new regulations or by reconsidering established sanctions. The paper would examine why violence like arbitrary detention, torture, and disappearances are existing in the contemporary period and what is the role of law in the valley towards detention. KEYWORDS Kashmir, Conflict, Emergence of Law, Arbitrary Detention, Its Impacts. 1. INTRODUCTION The state of Jammu and Kashmir is located in the heart of Asia. It is situated between 32.17- and 35.58-degree north latitude and 32.26- and 80.30- degree east longitude. The state of Jammu and Kashmir was formed on 26 October 1947. The state covers an area of 2, 22,236 sq. kms and is the sixth largest state in terms of area. The state of Jammu and Kashmir is surrounded by Himachal Pradesh in its south as well as neighbouring countries like Pakistan, Afghanistan and China from west, north and east respectively [1]. Region Areas (Sq. Miles) Population (2011 census) (Provisional) Kashmir valley 8,639 5,35,0811 Jammu region 12,378 69,07,623 Ladakh region 33,554 2,90,492 Total 54,571 1,25,48,926 Source: National Disaster Risk Reduction Portal [2] Kashmir is a land of remarkable beauty, blessed by nature with breath taking. Scenery and a glorious climate, the Kashmir valley, a fertile well- watered spot, surrounded by high mountains has been described with justification a heaven on earth, a produce rich oasis an area not noted for its abundance [3]. In the nineteenth century the state of Jammu and Kashmir has acquired a unique geo-political status in the Indian sub- continent. The state has contiguous boundaries with Russia, Afghanistan, Pakistan, China and Tibet that deserve constant vigil and as such it has made the state very important through geographically, politically, economically and from the military point of view [4]. Description As per census, 2011 No. of districts 22 No. of tehsils 84 No. of blocks 143 No. of panchayats 4128 No. of towns 86 No. of cities with million plus population 02 (Jammu and Srinagar) Total 2,22,236 sq. Kms Source: National Disaster Risk Reduction Portal [5] 2. KASHMIR CONFLICT Conflicts in South Asia can be ascribed to four reasons: Firstly, some have their roots in British colonial policies such as divide and rule. Secondly, Social Values and Society (SVS) DOI : http://doi.org/10.26480/svs.02.2019.15.19 REVIEW ARTICLE LAW AND DETENTION: A CRITICAL ANALYSIS OF LAW IN THE KASHMIR VALLEY Inamul Haq Centre for Gandhian Thought and Peace Studies, School of Social Sciences, Central University of Gujarat, Gandhinagar, Sector 29 India. *Corresponding author Email: mantooinam72@gmail.com This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited