Maqdas Shifaa
Fifty years ago during the Second World War, in Nazi Germany enforced disappearances were born as a practice against Jews and Communists. Over time, however, this inhuman practice transcended its historical origins and evolved into a global phenomenon, reappearing in different conflict zones under varying political contexts. One of its most tragic contemporary manifestations can be seen in the protracted conflict in Indian illegally occupied Jammu and Kashmir (IIoJK), where enforced disappearances have created a distinct category of victims known as “half-widows”, women whose husbands were abducted by security forces, never to return, yet without official confirmation of death. Half-widows in IIoJK are stuck in a state of perpetual liminality, trapped between agonizing dilemmas: To search or not to search? To declare or not to declare the death of the husband? To remarry or not to remarry? To fight or not to fight the battle for justice? Do I belong anywhere? But what do I do now? This imposed ambiguity, analyzed in Paul D’Souza’s 2016 study as “perpetual (undesired) liminality,” leaves women structurally invisible, socially ambiguous and psychologically adrift.
Estimates of enforced disappearances in IIoJK since the intensification of the insurgency in the late 1980s vary. Human rights organizations, including the Association of Parents of Disappeared Persons (APDP), document approximately 8,000 to 10,000 cases. Official figures from the Indian government are lower, often cited around 4,000–6,000. Conservative estimates place the number of half-widows at around 1,500 though broader figures for conflict-related widows exceed this and comprehensive official data remain limited.The APDP, founded in 1994 by families seeking truth and justice has been a vital voice though public protests have faced severe restrictions since the 2019 revocation of Article 370. These disappearances are not isolated tragedies but part of a pattern enabled by laws like the Armed Forces Special Powers Act (AFSPA), which critics argue fosters impunity.
The conflict in IIoJK, rooted in the disputed status of the region and marked by decades of insurgency and counter-insurgency operations, has exacted a heavy human cost. Enforced disappearances state agents detaining individuals without acknowledging their fate devastate families, particularly women left in perpetual uncertainty. Half-widows face acute economic vulnerability like ineligible for full widow pensions or inheritance without a death certificate, they often depend on meager ex-gratia payments or family support. Under Muslim personal law and local customs, remarriage is complicated by waiting periods, typically interpreted as four years or more exacerbating social stigma and isolation.
Parveena Ahanger, chairperson of the APDP, has searched for her son Javaid Ahmad Ahanger since his 1990 detention by security forces at age 16. Despite petitions, protests and court appeals, no trace has emerged. Her activism embodies collective resilience amid state denial. In Dardpora village, Kupwara district often called the “village of widows” hundreds of women lost husbands to raids and detentions in the 1990s. Other cases underscore the pattern. In Baramulla and Kupwara districts, women like those documented in APDP reports lost breadwinners during cordon-and-search operations by units such as the Rashtriya Rifles. Families report detentions without records, followed by denial of information. Over 2,700 unmarked graves identified in northern Kashmir districts in 2009 remain largely uninvestigated, with minimal DNA testing or accountability. These stories highlight the systemic impunity enabled by the Armed Forces Special Powers Act (AFSPA).
Such practices violate international human rights law. The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED, 2006), which India has signed but not ratified, requires investigations, truth and reparations. As a party to the ICCPR, India must uphold Articles 6 (right to life), 9 (liberty) and 16 (legal recognition). The 1992 UN Declaration and customary law condemn impunity, while widespread cases may amount to crimes against humanity under the Rome Statute. Limited probes and post-2019 curbs on advocacy raise concerns regarding these obligations.
Pakistan has consistently highlighted these issues at the United Nations, advocating for the Kashmiri people’s right to self-determination in line with UN Security Council resolutions. Its stance emphasizes peaceful resolution through dialogue and plebiscite, while condemning human rights violations and demographic changes in IIoJK. In recent years, including the 2025 Pahalgam attack fallout, Pakistan has called for de-escalation, investigations and respect for international law.
Enforced disappearances in IIoJK operate on two levels: silencing critics of India’s policies while instilling fear in the wider community. As wives of disappeared men, half widows face severe economic, social and emotional insecurities. Most cases occur in rural areas where women have limited independence. Without confirmed death, they lack access to property rights, bank accounts and relief mechanisms, forcing reliance on relatives. These hardships often push them below the poverty line. Despite this, Kashmiri half widows continue their search for truth with resilience and hope.
The writer is a researcher at Kashmir Institute of International Relations.
