International Humanitarian Law Combating the Indian Enigma
Volume III, Issue II, 2020
Any society is based on its cultures, as these are the stepping stones, and warfare comprises of a very important content of the culture of any society. Prior to the 19th century there were no set of rules governing the battleground, as every civilisation moved as per there cultural ethics. But, later a set of governing rules and regulations originated which have now taken the form of International Humanitarian Law.
Time and again it is argued that, where lies the inception of the International Humanitarian Law? The law didn’t get framed in a day but it went through a crucial procedure of court battles, that lead to the evolution of ‘Human Right’ methodology.
The Indian society went through a huge process of renovation that lead to the amendment of certain of its customs and acceptance of the global ideologies. Several times Indian courts had the opportunity to build a nexus between the constitution of India and International Humanitarian Laws, but the judgements given, lacked the view, as the courts were unable to harmoniously construe the two mechanisms.
International Humanitarian Law was met with open arms by both Judiciary and Legislature of India, but still a full-fledged application seems like a distant dream.