Judicial Declaration of Death Highlights Kashmir's Missing Persons Crisis
A recent judicial declaration in India-administered Kashmir, confirming the death of Abdul Rashid Wani nearly three decades after his disappearance, has reignited discussions surrounding the thousands of individuals who went missing during the region's protracted armed conflict. This ruling, a rare acknowledgment for families of the disappeared, has provided some closure for Junaid Rashid, Wani's son, who was just five years old when his father vanished from military custody.
For years, Wani's family pursued legal avenues to ascertain his fate. The April ruling by a judge in the Himalayan territory not only declared Wani deceased but also mandated the issuance of a death certificate. Crucially, it acknowledged a police investigation that identified the army officer responsible for taking Wani into custody in July 1997. This marks a significant development, as many other families still await such official recognition of their loss.
The Disappearance of Abdul Rashid Wani
Abdul Rashid Wani, a timber trader, was reportedly stopped near his Srinagar home while carrying a substantial amount of cash intended for suppliers. According to his family and the subsequent police inquiry, he never returned. The judicial ruling, citing the investigation, concluded that the accused army major "had murdered Abdul Rashid Wani in his custody and had disposed of his corpse." The date of Wani's death was recorded as the day he disappeared, though the location of his remains remains unknown.
Junaid Rashid, now 34, stated that the government's acknowledgment of the atrocity after 29 years is a significant step. He reflected on the profound impact of his father's disappearance, noting that earlier recognition could have fundamentally altered their lives and his mother's well-being. In Kashmir, women whose husbands have disappeared are often referred to as "half-widows," a term reflecting their inability to fully grieve without definitive knowledge of their spouses' fate.
The Broader Context of Conflict and Disappearances in Kashmir
Kashmir, a Muslim-majority region, has been a focal point of contention between India and Pakistan since their independence in 1947. Both nations claim the territory entirely, leading to multiple conflicts. The armed struggle for self-determination or merger with Pakistan began in 1989, prompting India to deploy a significant military presence. New Delhi accuses Pakistan of supporting the rebels, an allegation Islamabad denies. This protracted conflict transformed the once-scenic region into one of the most heavily militarized areas globally, with tens of thousands, predominantly civilians, losing their lives.
While the rebellion has largely subsided, an estimated 500,000 Indian soldiers remain stationed in the region. Human rights organizations estimate that up to 8,000 people have disappeared in Kashmir. The People's Union for Democratic Rights (PUDR), a New Delhi-based civil liberties group, views Wani's case as emblematic of the human rights situation in Kashmir since the surge of violence in 1989. The Association of Parents of Disappeared Persons (APDP) suggests that some disappearances may have been at the hands of rebels.
In 2009, the APDP identified approximately 2,700 unmarked graves in remote mountainous areas along the de facto border with Pakistan. Residents in locations like Kupwara reported burying mutilated bodies allegedly left by security forces, a task they described as "humanitarian work." While authorities maintain that these bodies were unidentified fighters killed in clashes or individuals who crossed into Pakistan, Kashmir's State Human Rights Commission, in a 2011 report, found bodies at 38 APDP-identified sites. The commission noted that identities were available for only 464 of the 2,730 bodies and suggested that "many disappeared persons" might be among the unidentified remains. Calls for DNA testing have gone unheeded, and the commission was dissolved in 2019 following New Delhi's direct assumption of control over Kashmir.
Ongoing Struggles for Justice and Accountability
Junaid Rashid recounted his family's relentless efforts to find his father, including selling their home to fund their search. They faced pressure to cease their inquiries, with offers of money from army officers and suggestions to abandon their quest. Rashid vividly recalled his grandmother's plea to a colonel: "Just give me my son back." The family also encountered demands for payment from former rebels, who later aligned with the government, in exchange for assistance in securing Wani's release. Despite these obstacles, they persevered through the court system.
Wani's case is not isolated. Jana Begum's husband, Manzoor Ahmed Dar, was detained by soldiers in 2002. Despite protests and legal challenges, including an identification parade where Begum pointed out the officer she believed was responsible, years of legal battles have yielded no answers regarding Dar's fate. His family performed symbolic funeral rites in 2016 after police officers privately informed them that Dar had died "during interrogation." His daughter, Bilkees Manzoor, then 15, expressed her desire for accountability, stating, "The only justice possible is for them to tell us what exactly they did with my father and his body." Other families of disappeared men, fearing reprisals, have shared similar accounts of their traumatic and often fruitless searches for answers, underscoring the enduring pain and injustice that continues to affect generations in Kashmir.
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