Ethnic Violence in North East India: The Jurisprudence of the Rule of ‘Proportionality' of Force

Abstract

Ethnic violence has been incessantly active in the North Eastern region of India for more than 60 years now. With more than 300 dialects and indigenous communities with their own practices of administration. It was but natural that freedom would not have been easy in these parts. From being perennially treated as different from the colonial era to the lack of economic development and planning lead to an increase in anti nationalistic activities including ethnic violence. This was further escalated by the implementation of harsh law and rules leading to allegation of human right violation and outright declaration of war against such intrusion by the ethnic minorities residing in these hills This paper therefore explores and identifies the reasons for progeny of such ethnic violence, followed by an examination of the rules ,law and strategies employed to curb the violence. By studying the strategies used by the administration in ending such ethnic violence, this paper examines the underlying principle of ‘use of force' and the proportionality of the force. The objective of this paper is to provide a wider understanding to violence based on ethnicity in North East India through the legal prism.