Enforced disappearances in Kashmir

Kashmir is an internationally recognized disputed territory with near about 18 resolutions passed by U.N’s Security Council to which India and Pakistan are signatories and world a witness to them, declaring Kashmir as a disputed territory and favoring Kashmiri people’s right to self determination to decide their future freely whether to accede to India or Pakistan or opt for total independence. According to International Court of Justice the principle of self-determination also has the legal status of “erga omnes” which means “flowing to all”. Accordingly ergas omnes obligations of a State are owed to the international community as a whole: when a principle achieves the status of erga omnes the rest of the international community is under a mandatory duty to respect it in all circumstances in their relations with each other. But unfortunately despite passing of more than six decades this basic and fundamental right is yet to be accorded to the oppressed and enslaved people of Kashmir. The denial of which has led to massive human rights violation, brutal killings, arrests, detentions, rapes and molestations, enforced disappearances, custodial killings have become tool at the hands of colonial masters to muzzle the voice of resistance in Kashmir with words like ‘half widows’ adding to the vocabulary of Kashmir sadistically.

The APDP (Association of Parents of Disappeared Persons) demanding the whereabouts of their relatives and near and dear ones subjected to enforced custodial disappearance by the various security agencies, troops and police mostly since the break out of armed rebellion from 1988, continue to highlight their sufferings and bruises through their monthly sit ins in the heart of Srinagar to press for their demands but their genuine pleas and grievances is yet to strike the conscious of so called elected representatives of people. Even their demand of setting up of truth and reconciliation commission of which current C.M has remained a vocal supporter before and during his election campaign is yet to be fulfilled.

According to APDP more than 10000 people have been subjected to enforced custodial disappearance and C.M being Chairman of Unified Command Council has moral duty to look in to their genuine and humane demands. Subjecting people to custodial disappearance is worst kind of human rights violation and it has been mostly seen the relatives of disappeared persons suffer from the mental trauma and remain in dilemma about the safety of their near and dear ones which is horrific to say the least. After the shocking discovery of hundreds of unmarked graves in different parts of Jammu and Kashmir mostly from Uri many including the relatives of disappeared fear about the safety of their loved ones who have gone missing under the custody of troops.

According to the international convention on enforced disappearances, no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance. And the state is under the obligation to investigate acts of enforced disappearance and bring those responsible to justice and it is the right of any victim to know the truth about the circumstances of an enforced disappearance and the fate of the disappeared person, and the right to freedom to seek, receive and impart information to this end. India being the signatory to this convention is morally and legally bound to honour this international commitment, but ironically troops continue to indulge in massive human rights violations with lack of accountability and the availability of impunity.

In many cases where the perpetrators of human rights violation be that enforced disappearance, custodial killing, fake encounters or other violations have been identified they have got away from any kind of accountability by the draconian laws empowered to them through which they enjoy total impunity from the law of land. Indian prime ministers assurance on the soil of Kashmir about ‘Zero tolerance’ to human rights violation and assurance by any other leader will continue to remain as mere rhetoric as long as these draconian laws are not withdrawn.

In 2004, a Manipuri women Thang Jam Manorama was abused and killed by Assam Rifles and after the protests erupted to repeal the AFSPA then in November that year the then Prime Minister of India A.B.Vajpayee constituted a committee to review the provisions of the AFSPA and the said committee submitted report in which it was reported that “the act, for whatever reasons has become a symbol of oppression, an object of hate and an instrument of discrimination and high hand ness”. But unfortunately this report was made to appear like as north-east centric view and missed J & K where violations are much more and according to average mentions about J&K by the US state dept in its country state report on human rights violations and killings in conflict areas from 1993-2002 are 56.4 and combined seven states of north-east is 36.2 which is far less than J&K. It is the oppression unleashed by Indian troops backed by these black laws which have alienated the people of Kashmir more and more and in the words of South Asian Free Media Association (SAFMA) this alienation among the people of Kashmir is complete and irreversible.

Such kind of acts done by state instead of stifling the people always boomerang and backfire, as these kind of things have provided the necessary ammunition to the freedom struggle to move forward with renewed vigor and this was witnessed by whole world during the agitation of last year, and during the protests in Shopian against the triple-murder double rape of two women recently there. Kashmir dispute will continue give sleepless nights to the Indian leaders and policy makers and this dispute if left unresolved will continue to remain as major threat to peace and progress of South Asia. Hence its resolution is must. To make the atmosphere conducive for meaningful talks India has to initiate steps to remove the deep mistrust which she has created by its denial mode and time gaining policies, first and foremost these draconian laws should be repealed, troops should be moved back to barracks in a phased manner and a impartial commission should be made to look in the violation of human rights as demanded by ITHR and APDP.

Shah Waseem
Student of BCA
Islamia College of Science & Commerce
Hawal, Srinagar
waseemshah57@yahoo.com