WUNRN
By Shagufta Ashraf, Kashmir Institute of International
Relations & Lecturer at
IHRC – International Human Rights
Council,
The figures for 2010/11 shows that there
are more than 1500 women currently living a miserable life as their husbands
are either disappeared or missing.
Current Situation
Kashmir has been subject to conflict
between
It should be noted that both the state
government and the Government of India are not addressing the phenomenon of
enforced disappearances in the state because of political reasons. The Indian
government's refusal to officially recognise enforced disappearances has left
families in perpetual limbo, promulgating stress and psychological trauma for
parents, spouses and children. Although the main target of the enforced
disappearances are males however, the females are the ones who bear the direct
consequences of this inhuman practice.
As wives of disappeared men half widows
face various economic, social and emotional insecurities. It should be noted
that most disappearances have occurred in rural areas, where women generally
enjoy less economic and social independence. The greatest dilemma faced by the
half widows is that in the absence of their bread winners they have to rely on
their in laws or parents for their economic needs with their property and custody
rights undetermined. Further several other economic relief such as issuance of
ration cards or transfer of husband's property or bank accounts are also close
to half widows since these process require death certificate which of course
half widows generally do not have as their husbands are officially not
recognised as deceased. These economic hardships mostly forced these women to
live life below poverty line as mostly they are not equipped, socially or
educationally to begin earning for their children.
Beside the economical instability half
widows suffers from the constant agony, trans-generational trauma, and post
traumatic disorder. The prolonged absence of their husbands opens these women
to scrutiny and policing by their society as well as threats and manipulation
by those in power.
Only a small fraction of half widows
choose to remarry. Many half widows do not contemplate re-marriage believing
that they will eventually receive some information about their husbands. Other
widows give up the option of remarriage on account of their children as there
is a deeply held fear that a stepfather will never accept his wife's children
or give them his best. For those women who want to remarry unfortunately the
social stigmas around remarriage in Kashmiri society remain strong while
religious interpretations of the rules around remarriage, when a person has
disappeared remain contested through various cultural lenses.
The trauma of disappearance of their
husbands along with economic hardship and social challenges faced by half
widows results in the lasting adverse effects on the lives of their children as
well. These children either grow up in the insecurity that veils the lives of
these women or away from their mothers in orphanages or in their grandparent's
homes. These children carry the social stigma of being 'fatherless' in a
society where the father's name and status is crucial to a child's identity.
After the disappearance of their father, children's education is often
suspended and they become vulnerable to exploitation.
Kashmiri half widows can easily be
viewed as an example of bravery, attempting to hope against hope and despite
severe economic hardship continue looking for their loved ones. According to a
detailed 2007 report by the award winning
Figures
According to the latest APDP report
approximately 70,000 people i.e. mostly civilians have been killed in the 22
year insurgency in
Although due to widespread violence it is
not possible to give exact statistics but by conservative estimates there are
currently 1,500 half widows in
Half Widows and Human Rights
In international human rights law
disappearance at the hands of the state have been codified as 'enforced' or
'forced disappearance' since the Vienna Declaration and Programme of Action.
The International Convention for the Protection of All Persons from Enforced
Disappearance adopted by UN General Assembly on 20 December 2006 states that
the widespread or systematic practice of enforced disappearances constitutes a
crime against humanity. Crucially, the convention provides victims' families
the right to seek reparations and to demand the truth about the disappearance
of their loved ones.
Enforced disappearance in Kashmir works
on two levels: not only do they silence opponents and critics of
Despite its wide extent the phenomenon
of disappearance in
Furthermore, the legal procedure is
lengthy and daunting for half widows who often live far from cities and mostly
have no formal education.
IHRC emphasises the changes in both law
and policy must be made to address the concerns and issues of half widows who
are silently suffering these injustices. It is not only the state government
which should made required changes to its policies but
Theoretically, the government has to pay
Rs 100,000 ($2,500) and provide employment to one family member as compensation
to the kin of any civilian killed by insurgents or the security forces.
However, the family of a missing person has to wait for five years before they
can apply for such benefits. The government's remedies have thus far failed to
alleviate the economic hardship. It is therefore very important that a
streamlined system for compensation without the room for delay, harassment or
coercion must be instituted for half widows. The right to fair trial is one of
the most recognised human rights. The legal system is generally overcrowded and
costly which represents difficulty for half widows who are generally at an
economic, social and educational disadvantage. It is therefore paramount that a
special bench in
Despite the fact that disappearances are
a wide phenomenon in Indian administered Kashmir, the government of
The government must also help civil
society assist half widows to document the disappearances. Half widows must
also be provide assistance for legal representation, creation of income
generation and psychological care.
It is also fundamentally important that
the state government should take steps to establish the rule of law by
punishing the perpetrators of enforced disappearance so that such future crimes
can be deterred.
Without a doubt the enforced
disappearances in
Half widows are a stark, pernicious and
unidentified face of the insecurity in