Skip to main content

Almost total impunity for "enforced" disappearances in J&K: Practice was first used in World War-II

By Syed Mujtaba Hussain*
Enforced disappearance is the most offensive form of human rights violation. It inflicts intolerable pain on the victim’s body, mind as well as spirit. Besides that, it creates separation among parents, relatives and children’s because they do not know whether their loved ones are alive or dead. They feel fear for their safety, economic deprivation, legal injustice and social isolation.
The tool of enforced disappearance was born as a practice during Second World War. However, this practice has now turned into a worldwide exercise. Over a few decades millions of people have disappeared in Cambodia, Latin America, Iraq, Rwanda, Sri Lanka, Indonesia, Philippines, Baluchistan and Jammu and Kashmir (J&K).
India has not made enforced disappearances a specific criminal offence in its penal code. As a result, families of the “disappeared” file complaints under more general provisions of the Code of Criminal Procedure and Penal Code. For example, families often lodge “missing persons” complaints with the police regarding family members who might have been subjected to enforced disappearance.
Other commonly used provisions include “abduction”, “kidnapping” or “wrongful confinement”. In some instances, families have approached High Courts or the Supreme Court, and used the writ of hibeas corpus to find the whereabouts of “disappeared” persons.
A large number of enforced disappearances are reported from areas considered “disturbed” under the Armed Forces Special Powers Act (AFSPA), such as Kashmir and Manipur. Once an area is declared “disturbed” under AFSPA, armed forces are given a range of “special powers”, which include the power to arrest without warrant, to enter and search any premises.
Furthermore, under AFSPA, governmental permission, or sanction, is required before any member of the armed forces can be prosecuted for crimes in a civilian court, thus effectively shielding armed forces from accountability for human rights violations (International Commission of Jurists, “India: repeal Armed Forces Special Powers Act immediately”, November 2015).
AFSPA allows the state to over-ride the basic rights of an individual and there is no place for this law in democracy.
In India, enforced disappearances have occurred most often in regions facing insurgency or armed conflict. According to a report released by the International Peoples Tribunal on Human Rights and Justice and the Association of Parents of Disappeared Persons in 2012, there had been around 8,000 enforced disappearances in Kashmir during the period of 1989 to 2012. Disappearance of beloved ones is more gruesome than death.
The police investigation wing of the State Human Rights Commission (SHRC) in 2011, had confirmed that 2,156 unidentified bodies lay in unmarked graves at 38 locations in north Kashmir. The SHRC had ordered the investigation after taking cognisance of a December 2009 report on mass graves titled “Buried Evidence” by the International People's Tribunal on Human Rights and Justice in Kashmir (IPTK).
In its 17-page report, the SHRC's 11-member team has revealed that 2,730 bodies had been buried in north Kashmir's Baramulla, Bandipore and Kupwara districts. It is beyond doubt that unmarked graves containing dead bodies do exist in various places in north Kashmir,” the SHRC report says. “The maximum bodies have bullet injuries,” it has concluded.
This has been the hallmark of the government approach if one looks at official pronouncements since 2002. Interestingly, the official figures have been going down – from 3,931 in June 2001 to 3,429 in August 2009 – though complaints of disappearances have only increased. 
Syed Mujtaba Hussain
The disappearance of thousands of youths laid the negative consequences and paved a way for gun culture. Recent Office of the United Nations High Commissioner for Human Rights (OHCHR) Report on Kashmir being the first ever report of UN on gross violation of human rights, is an ample evidence of atrocities. The report is needed to be widely discussed, and debated.
The need of hour is that the state and the centre governments should repeal the inhuman laws and the government should stop the enforced disappearances in J&K and punish the perpetrators responsible for enforced disappearances. Furthermore there should be an appointment of a commission which will probe into all enforced disappearances (as has been done in other countries), so that justice may be done to the relatives of the disappeared persons according to international standards. 
---
*Human rights activist studying the changing socio-political context of Jammu and Kashmir. Contact: jaan.aalam@gmail.com

Comments

TRENDING

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra*   It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Women's rights leaders told to negotiate with Muslimness, as India's donor agencies shun the word Muslim

By A Representative Former vice-president Hamid Ansari has sharply criticized donor agencies engaged in nongovernmental development work, saying that they seek to "help out" marginalizes communities with their funds, but shy away from naming Muslims as the target group, something, he insisted, needs to change. Speaking at a book release function in Delhi, he said, since large sections of Muslims are poor, they need political as also social outreach.

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit. 

Gujarat Bitcoin scam worth Rs 5,000 crore "linked" with BJP leaders: Need for Supreme Court monitored probe

By Shaktisinh Gohil* BJP hit a jackpot in the form of demonetisation, which it used as an alibi to convert black money into white in Gujarat. Even as party scrambles for answers of how the Ahmedabad District Cooperative Bank (ADCB), whose director is BJP president Amit Shah, received old currency worth Rs 745.58 crore in just five days, and how Rs 3118.51 crore was deposited in 11 district cooperative banks linked with Gujarat BJP leaders, a new mega Bitcoin scam, worth more than Rs 5,000 crore has been unraveled.