Justice For The "Disappeared"
By Devika Mittal
03 September, 2012
Countercurrents.org
“They had asked him to come for questioning but it has been five years now, he has still not returned…”
This statement can make any human being shudder. The very thought is disturbing. It is unimaginable for many. However, unfortunately, it is not an unfamiliar thing for many in Kashmir. It is believed that thousands of people in Kashmir have been missing. Many of the cases do not even get documented. And most withdraw to get the ex-gratia amount because the struggle is not an easy one. The families of the victims not only undergo unimaginable emotional trauma of losing one’s loved one, the social and economic support system but also means the endless, killing wait. The struggle involves harassment by the police, time and money. Thousands of cases are pending with the State Human Rights Commission. But no action has ever been taken to account for these “enforced disappearances”. Since 1990s, thousands of habeas corpus have been filed and are still pending.
Enforced disappearance is defined as an “abduction or kidnapping by state forces or organized groups with state support or tolerance, in which the victim “disappears”. Authorities never accept responsibility for the death of the victims, nor account for the whereabouts of the victim. Legal course also remains ineffective.” It is a serious violation of many human rights including the right not to be subjected to torture, inhuman or degrading treatment, the right to human conditions of detention, the right to a legal personality, a right to fair trial, among some others. There is also an International Convention for the protection of All Persons from the Enforced Disappearance as this is not just restricted to Kashmir but unfortunately, to many countries. However, the convention has not yet come into force.
The Indian Judiciary also does not have any law to check this heinous crime. It is not even mentioned as a distinct crime in the Indian penal code. The Indian Judiciary has granted special rights to the army in areas of J&K and North East. This has been misused widely. However, there is no legal defense provided to the victims. The law does not recognize any misuse. This may account for the ineffectiveness of the State and National Human Rights Commission.
There is a need for the Indian Government to recognize the need for such a law. We must press for this. It is a tragedy that the International day of the disappeared is not even known to people in the other states of the country. There should be a state-appointed committee or an organization which should be solely responsible for this. The reports of the persons called for questioning as well as for the trial should be documented. The reporting of the disappeared persons should also be done, without any hassle and harassment.
The Civil society has worked on this issue. They have been a source of hope for the people in Kashmir. Human Rights Activist Parveen A. Hangar has been iconic in addressing this issue. She should be a source of inspiration for all the other Human Rights Activists in the country. It should be a united struggle for a stronger voice.
On this International day of the Disappeared, I hope that as we light a candle to remember and mourn for all those innocent people who have disappeared in the political and military demonism, the light of the candle shows the path for justice.
I hope that the candle that we had lit on this year's International Day of the disappeared, to remember and mourn for all those innocent people who have disappeared in the political and military demonism, shows the path for justice.
Devika Mittal is Postgraduate student of Sociology(South Asian University), Core Member- Mission Bhartiyam, Core Member- Save Sharmila Solidarity Campaign
Blog : http://devikamittal.blogspot.com
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