Justice in Kashmir’s Shadows: A Decades-Long Reckoning for Disappeared Lives

The recent ruling on Abdul Rashid Wani’s disappearance has sparked a mix of emotions among those searching for their loved ones. The death certificate issued by a judge in April marks a rare recognition that many families still don’t have of their loss. For Junaid Rashid, Wani’s son, it was a vindication of his family’s long-held belief about his father’s fate.

The case is one among thousands of petitions filed by families seeking answers about the disappearance of their loved ones during the armed rebellion in India-administered Kashmir. Estimates suggest that as many as 8,000 people may have vanished. Rights groups have documented cases of torture and extrajudicial killings at the hands of security forces, while some families claim their relatives were taken by rebels.

The Wani case highlights the complexities of the Kashmir dispute and the impunity enjoyed by those in power. The accused army major was named as having murdered Wani in his custody and disposed of his body on the same day he vanished. This lack of transparency is a common thread throughout many cases of enforced disappearances, where families have been told that their loved ones crossed into Pakistan or were killed in clashes with security forces without concrete evidence to support these claims.

The struggle for justice and accountability has been long and arduous for the families of disappeared persons. Many have faced intimidation, harassment, and even violence as they sought answers about their loved ones’ fate. In some cases, they have been offered cash or other inducements to abandon their search, only to be told later that “what has happened has happened.” This culture of denial and obfuscation has contributed to the widespread sense of mistrust and disillusionment among Kashmiris.

The Wani case also raises questions about the role of the State Human Rights Commission in Kashmir. Established in 1997, the commission was tasked with investigating allegations of human rights abuses and recommending measures for redress. However, its effectiveness has been hampered by a lack of autonomy and resources, as well as the fact that it was shut down in 2019 after New Delhi took direct control of Kashmir.

The recent ruling on Wani’s disappearance is a significant development, but it also underscores the unfinished business of justice and accountability in Kashmir. The fact that families are still seeking answers about their loved ones’ fate decades after they vanished speaks to the deep-seated trauma and pain inflicted by the conflict. As Junaid Rashid noted, “Our lives would look different” if justice had been served earlier.

The Indian government’s assertion that it has identified 464 bodies out of 2,730 at unmarked graves is woefully inadequate. DNA testing has not been carried out to establish the identities of those buried at these sites, despite repeated calls from human rights groups. This raises questions about the sincerity of New Delhi’s commitment to justice and accountability.

As the international community continues to watch developments in Kashmir with growing concern, it is essential that the Indian government takes concrete steps towards addressing the legacy of enforced disappearances. This includes conducting thorough investigations into allegations of torture and extrajudicial killings, providing compensation to families affected by human rights abuses, and ensuring that those responsible are held accountable.

For Junaid Rashid and his family, the recent ruling is a small step towards closure, but it also serves as a stark reminder of the long road ahead. As they continue their fight for justice and accountability, they are joined by countless others who have been affected by the conflict in Kashmir. Their struggle is not just about seeking answers about loved ones’ fate; it’s about demanding that those responsible be held accountable for their actions.

In the shadows of Kashmir’s conflict lies a truth that has long been suppressed: that justice and accountability are living, breathing rights that must be fought for. The Wani case is a testament to this struggle, and a reminder that in the pursuit of justice, there can be no compromise on truth or accountability.