India insisted that Kashmir could only be discussed in the context of a broader security dialogue, while Pakistan insisted that Kashmir be the focus of any talks. Political Rights and Civil Liberties India has never held a referendum on Kashmiri self-determination as called for in a 1948 United Nations resolution. Violence by militants and security forces has killed more than 25,000 people since 1989. Prior to and during the 1996 national and state elections, militants urging a boycott threatened elections officials and candidates, and carried out terrorist attacks against candidates, their family members, campaign workers, Hindus, and other ordinary civilians, killing at least 20 people during the state vote. The judiciary barely functions.
Militants routinely threaten judges, witnesses, and the families of defendants.
Security forces frequently ignore court orders regarding detainees and human rights petitions. Special Powers Act allow security forces to search homes, arrest suspects without a warrant, shoot suspects on sight, and destroy structures believed to house militants or arms. The latter act requires that the central government approve any prosecutions of members of the armed forces. In November, the Indian defense ministry said a court had sentenced a junior army officer to life imprisonment for murdering a man during an army night raid on a village in 1995. However, overall there have been few investigations and prosecutions of security forces for human rights violations, contributing to a climate of impunity.