The Tragedy of the Disappeared

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In the conflict-ridden region of Jammu and Kashmir, thousands of voices have been silenced, not by death alone but by enforced disappearances. Since the insurgency took root in 1989, over 8,000 people have vanished without a trace, leaving behind grieving families and an entire community living in fear and uncertainty. These disappearances, largely attributed to Indian security forces, represent one of the most harrowing aspects of the ongoing conflict in Indian-occupied Jammu and Kashmir (IIOJK).

Enforced disappearances in IIOJK are not isolated incidents but part of a broader pattern of repression and control. Local human rights organizations, including the Association of Parents of Disappeared Persons (APDP), estimate that over 8,000 people have been subjected to this brutal practice. These disappearances often occur during military operations, particularly during Cordon and Search Operations (CASOs), where entire villages are cordoned off, and house-to-house searches are conducted. Young men are taken into custody by Indian security forces and are never seen again, their fate shrouded in mystery and horror.

The methods employed by Indian security forces to enforce disappearances are both systematic and ruthless. During CASOs, individuals are picked up without any formal charges or legal proceedings, making it easier for the forces to deny any responsibility. Custodial detention is another method where individuals are detained for interrogation and often go missing afterward. There are numerous reports of secret and unofficial interrogation centers operated by the Indian Army, where detainees are subjected to severe torture. Many of those who disappear are believed to have died under torture or were summarily executed, their bodies disposed of in unmarked graves.

The discovery of mass graves in IIOJK is a grim reminder of the horrors that have befallen the region. In 2011, the IIOJK State Human Rights Commission (SHRC) confirmed the existence of 2,730 unmarked mass graves across the districts of Bandipora, Baramulla, and Kupwara, containing over 2,943 bodies. Investigations by human rights groups suggest that many of those buried in these graves were victims of enforced disappearances, killed by Indian security forces and buried in mass graves to cover up extrajudicial killings. These victims were often labeled as “unidentified militants,” a convenient cover for the state’s atrocities.

The Indian legal framework, particularly under the Armed Forces Special Powers Act (AFSPA), grants near-total immunity to security forces from prosecution for actions taken in the line of duty. This legal shield has created a culture of impunity, where enforced disappearances and other human rights violations are rarely investigated or prosecuted. Efforts by victims’ families to seek justice have been met with bureaucratic stonewalling and legal obstacles, making it nearly impossible to hold perpetrators accountable.

Several high-profile cases illustrate the deep-seated impunity that permeates the Indian security forces in IIOJK. The Pathribal fake encounter in 2000, where five innocent villagers were killed and falsely labeled as foreign militants, remains a stark example of this. Despite overwhelming evidence proving their innocence, no one has been held accountable for their deaths. Similarly, the Kunan-Poshpora incident in 1991, known primarily for mass rapes, also involved the enforced disappearance of several villagers who have never been accounted for. These cases, emblematic of the broader crisis, highlight the Indian state’s unwillingness to address the grave human rights abuses occurring in Kashmir.

The impact of these disappearances on families is devastating. Referred to as “half-widows,” the wives of the disappeared face severe social and economic hardships. They live in a state of perpetual uncertainty, not knowing whether their husbands are dead or alive, unable to move on with their lives. The APDP, under the leadership of Parveena Ahanger, has been a beacon of hope for these families, tirelessly documenting cases of enforced disappearances and advocating for justice. However, their efforts have been largely ignored by the Indian government, which continues to deny the existence of enforced disappearances.

The issue of enforced disappearances in IIOJK has drawn significant international attention. Organizations such as Amnesty International and Human Rights Watch have repeatedly called on the Indian government to investigate these cases and hold those responsible accountable. The United Nations Working Group on Enforced or Involuntary Disappearances has also urged India to address these cases, but the Indian government has largely ignored these recommendations. Instead, it continues to provide legal cover to security forces, perpetuating the cycle of violence and impunity.

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