Enforced disappearances in IIOJK

2026-03-08 - 21:13

The issue of enforced disappearances in Indian Illegally Occupied Jammu and Kashmir (IIOJK) has remained a persistent and deeply troubling human rights concern for more than three decades. Many Kashmiris who questioned the legitimacy of Indian occupation of their state or else demanded the right to self-determination have been subjected to arrest, detention, or disappearance during security operations of Indian security forces. For thousands of families, the fate and whereabouts of their relatives remain unknown, making enforced disappearances as one of the most painful episode humanitarian issues in the occupied state. Over the years, thousands of individuals have disappeared during siege and search operations in IIOJK. The human rights advocates argue that these violations have serious legal implications associated with enforced disappearances. According to figures presented in India’s Parliament (Rajya Sabha), the number of reported missing persons in Jammu and Kashmir reached 7,151 in 2023, with 4,190 individuals still listed as untraced. Earlier data reflected a gradual increase in reported cases, including 5,824 in 2020, 6,486 in 2021, and 6,983 in 2022. In fact, categorizing these cases solely as missing persons overlooks the historical context of disappearances associated with decades ofsecurity operations in the region.Under international law, enforced disappearance is defined as the arrest, detention, abduction, or any form of deprivation of liberty by state and its institutions, followed by a refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person. The United Nations Working Group on Enforced or Involuntary Disappearances considers such acts a continuing violation of human rights for as long as the fate of the victim remains unknown. This legal distinction makes the classification of such cases critically important, particularly in relation to accountability and justice.Civil society organizations have attempted to document the scope of the issue. The Jammu Kashmir Coalition of Civil Society (JKCCS), for instance, has reported that thousands of enforced disappearances have occurred in the region since the early 1990s. The Jammu and Kashmir dispute is fundamentally a political issue, and its resolution is closely tied to the aspirations of the people of the state. The United Nations Commission for India and Pakistan (UNCIP) resolutions of 13 August 1948 and 5 January 1949 laid down a framework for a plebiscite in the territory to allow the people of Jammu and Kashmir to exercise their right to self-determination. The principle of self-determination is a cornerstone of the United Nations Charter and affirms the right of peoples to freely determine their political status and pursue their economic, social, and cultural development. Indeed, continued denial of this right has contributed to frustration and unrest among the people of the Indian occupied parts of the state. They maintain that longstanding grievancessuch as perceived political marginalization, limitations on regional autonomy, and human rights abuseshave intensified tensions over time. In particular, the revocation of the special constitutional status of IIOJK in August 2019 through the abrogation of Articles 370 and 35A of the Indian Constitution, marked a significant turning point. The reorganization of the state into two union territories; Jammu and Kashmir and Ladakh is a cause of serious concern among the people of IIOJK. Over the decades, thousands of the cases of massive human rights violations have been raised by international organizations, civil society groups, and local activists. These include arbitrary arrests, custodial deaths, torture in detention facilities, extrajudicial killings, and instances of sexual violence. Discriminatory security laws such as; Armed Forces Special PowersAct (AFSPA) and the Public Safety Act (PSA)grant extensive powers to security forces and have contributed to concerns regarding accountability and impunity. Another issue that has drawn international attention is the introduction of new domicile regulations in IIOJK in 2020, which allow non-residents to obtain domicile status under certain conditions. These changes will have demographic and political implications for the IIOJK for its administrative integration with the India.The cumulative impact of these developments has added a significant humanitarian dimension to the Kashmir dispute. Beyond the geopolitical and territorial aspects of the conflict, the situation increasingly raises questions about human rights, accountability, and justice for affected communities. Addressing these concerns requires constructive engagement at multiple levels. The international community, including the United Nations and major global powers, may play a role in encouraging dialogue, promoting respect for human rights, and supporting confidence-building measures. Restoring political dialogue, reducing tensions, and ensuring the protection of fundamental rights could contribute to easing the humanitarian situation in IIOJK.Ultimately, meaningful progress toward resolving the Kashmir dispute will require a peaceful political process that takes into account the aspirations of the people of Jammu and Kashmir. Addressing the humanitarian consequences of the dispute, especially enforced disappearancescould serve as an important step toward resolution of the dispute. —The writer is Professor of Politics and IR at International Islamic University, Islamabad.