Enforced or Involuntary Disappearances

 ENFORCED OR INVOLUNTARY DISAPPEARANCES (EID)

Waseem Gashroo 

Over the past 20 years forensic experts have been contracted or subcontracted to investigate mass graves by truth commissions, local courts and international tribunal, local and international human rights and family associations in more than forty countries across the globe.

         Jammu and Kashmir has also witnessed “enforced or involuntary disappearances” from over last two decades. The war waged by Kashmir’s against Indian occupational forces from 1989 has produced an immense humanitarian crisis in Kashmir. According to official figures more than 35000 people have been died in the ongoing struggle, but the human rights groups scripts the figure at around 75000, primarily in the age group of 18-35, detention and torture of more than 65000 persons, massacre, custodial killings, fake encounters, rape and molestation are some of the shocking results of this violent campaign of state terrorism carried by Indian occupational forces.

        In vast majority of cases EID (enforced or involuntary disappearances) people were detained during crackdowns, some persons were arrested as the only male members found in their homes during cordon and search operations. The Army, S.O.G, and government sponsored gunmen (ikhwanis) working with army have also been abducting people whose whereabouts remain unknown to this day. There are so many cases where unarmed kashmiris after detention have been killed in the false encounters at different places and labeled as foreign militants.

     A rough estimate says at least 2 lakh relatives of disappeared persons have been putting in untiring efforts to ascertain the whereabouts of their dear ones. Global human rights groups like Amnesty international and Asia Watch have been time and again denied permission to visit Kashmir.

     Commenting on the reason of disappearances in its February 1999 report, Amnesty international says,” Most of the people appear to be arbitrarily detained during crackdowns without any discernible reason. Some are arrested as the only male member found in their homes during raids; others appear to be involved in an armed opposition group to surrender. The most common motive for disappearing people in custody appears to be to intimidate young people not to join militancy or to frighten the general population not to shelter or associate themselves with the members of armed opposition groups”.

    Disappearances are a worldwide phenomenon. Human rights activists say that the phenomenon, as a war weapon, is prevalent in about 63 countries world over. United Nations general assembly’s declaration of December 18th 1992 states in its preamble “Enforced disappearances undermines the deepest values of any society committed to respect for the rule of law, human rights and fundamental freedoms, the systematic practice of such acts is of the nature of a crime against humanity”.

     Disappearances in Kashmir have an unparallel state in terms of fear, anxiety, and fatigue on the relatives of the victims. More importantly, the rate is increasing alarmingly of the half widows who resulted in a set of social dilemmas and financial stress to their families and the majority of those who got missing in custody were the bread earners for their families.

     I say enforced disappearances are a crime against victims and their relatives, but the United Nations general assembly has gone a step further. It has declared as a crime against humanity. There is a need to evolve a well thought out mechanism to fight out this human rights abuse which is desperately found wanting. The families of disappeared persons have united together under various banners. There is a need, urgent need to evolve such mechanism. These victims demand justice, not charity, isn’t that? This is a billion dollar question in itself……