The Perils of Impunity in Indian-occupied
Kashmir:
A Decades-Long Struggle for Truth and Justice*
Altaf Hussain Wani
This anguish resonates deeply in Indian-occupied Kashmir,
where enforced disappearances over the past 34 years have left thousands of
families trapped in a limbo of grief and uncertainty. Amid global calls to
address this crisis, Kashmir’s struggle against impunity reveals a harrowing
tapestry of systemic violence, enforced disappearances, unmarked graves,
torture, extrajudicial killings and relentless repression of dissent.
Mass graves are
present in Jammu and Kashmir too. The war of suppression unleashed in 1990 by
the Indian occupation forces has produced an immense humanitarian crisis in
Kashmir. A high unnatural death toll of more than 970,000 persons, primarily in
the age group of 18-35, detention and torture of countless persons, massacres,
custodial killings, fake encounters, rape and molestations are some of the
shocking results of this violent campaign of state terrorism carried by these
occupation forces.
Reports like “Buried Evidence”: “Facts Underground” and Dead but not Forgotten” documented by the Jammu Kashmir coalition of civil society, the Association of Parents of Disappeared Persons and the International Tribunal for Peace and Justice, present a stark reality of enforced disappearance and unmarked mass graves in Indian occupied Kashmir. Since the eruption of the current phase of the freedom struggle in 1989, according to the Association of Parents of Disappeared Persons (APDP)8,000 - 10,000 Kashmiris have been subjected to enforced disappearances,
These cases, meticulously documented by the UN Working Group
on Enforced Disappearances (UNWGEID), often involve occupation forces detaining
individuals who are never seen again. The Jammu and Kashmir Coalition of Civil
Societies (JKCCS) estimates that over 7,000 unmarked mass graves across the
region, were discovered in the region. A 2011 report by the now-disbanded State
Human Rights Commission (SHRC) confirmed 2,730 unidentified graves and
recommended forensic investigations, but authorities ignored these calls,
burying hopes for accountability.
Faces of Tragedy: From Pathribal to Half-Widows
The 2000 Patrial fake encounter epitomises the
culture of impunity. Five civilians were branded as “foreign militants” by the
Indian Army, only for investigations to later expose their innocence. No
convictions followed. Similarly, in 2018, Abdul Rehman Padder, a carpenter,
vanished after being detained by security forces. His family’s search mirrors
the plight of, the latter his body was found in a grave where he was buried as
a foreign militant. Kashmir’s 3,500 half-widows—women whose husbands
disappeared, leaving them in legal and social purgatory. Many mothers, like
those in APDP’s protests, have died awaiting answers, their grief compounded by
stigma and economic hardship.
Organizations like APDP and JKCCS, led by
figures such as advocate Parveez Imroz, Parveena Ahanghar (the “Iron Lady of
Kashmir”), and detained human rights defender Khurram Parvez, have spearheaded
the fight for justice. Their efforts face brutal backlash: Khurram Parvez
remains jailed under anti-terror laws, while the Jammu Kashmir Coalition of
Civil Society and Association of Parents of Disappeared Persons have been
subject to silence after their officer were raided and sealed in 2020. while journalists and HRDs risk harassment,
raids, and charges under the Unlawful Activities Prevention Act (UAPA). The
Armed Forces Special Powers Act (AFSPA) further shields perpetrators, legitimising
extrajudicial violence.
International Scrutiny and Hollow Promises
In 2009, the EU Subcommittee on Human Rights
urged India to conduct forensic examinations of mass graves—a plea met with
silence. The UNWGEID has repeatedly pressed India to ratify the International
Convention on Enforced Disappearances, a step the government avoids to evade
accountability. Despite the High Commissioner’s emphasis on multilateral
action, India dismisses international criticism as “interference,” even as
families endure endless waits.
The High Commissioner’s appeal—to end impunity,
prioritize victims, and uphold multilateral justice—echoes the demands of
Kashmiri families. Forensic investigations, prosecutions, and reparations are
not merely legal obligations but moral imperatives. As the global community
rallies around mechanisms like Syria’s Missing Persons Institution, Kashmir’s
victims deserve no less.
The world must heed the cries of Kashmir’s
mothers, half-widows, and activists. To ignore them is to betray our shared
humanity. The pain of the disappeared may deepen, but so too must our resolve
to seek truth—for without justice, peace remains a distant mirage.
The writer is the Chairman Kashmir Institute of International Relations (KIIR) Can be reached at ; saleeemwani@hotmail.com x @sultan1913