The military conflict within India’s borders involves the government forces and the Naxalite rebels. The Naxalite movement has channelled in a violent struggle and there has been an incremental increase in the rate of fatalities. The failure of public interest litigation and the enforcement of the Armed Forces Special Power Act (AFSPA) means that the domestic remedies for empowerment are not successful. The breach of human rights has to be assessed against the insurgency of the Naxalite guerillas and the Geneva Conventions that are applicable under the Non International Armed Conflict (NIAC). This paper will assess the rural origins of the conflict, environmental damage and the litigation by the Adivasi communities before addressing the rules under which the protections are available under the international humanitarian law. This will argue for the strict implementation of the Geneva Conventions and for NIAC to be liable for intervention as an International Armed Conflict (IAC).
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