The majority of the 224 cases of disappearances reported to the Working Group occurred between 1983 and 1994, in the context of ethnic and religious disturbances in the Punjab and Kashmir regions. The disappearances in both regions were primarily attributable to the police authorities, the army and paramilitary groups acting in conjunction with, or with the acquiescence of, the armed forces. In Kashmir, numerous persons are said to have disappeared after "shoot-outs" with security forces. The disappearances were alleged to have been the result of a number of factors related to the wide powers granted to the security forces under emergency legislation, in particular the Terrorist and Disruptive Activities Act and the Public Security Act. In addition to allowing preventive detention, these laws reportedly allowed prolonged detention without the many other normal safeguards available under the criminal codes.

According to the information received, in Jammu and Kashmir disappearances are (also) carried out by the army and paramilitary groups…

In response to the general allegations, the Government stated that allegations that there is a general atmosphere of fear and distress and people inside the country fear reprisals should they report on human rights violations are sweeping and baseless and contradicted by fact… With regard to alleged cases of disappearance of young men connected with armed secessionist groups in the States of Jammu and Kashmir and Punjab, the allegations were false. The Government referred to the problem of terrorism in these two States. The Government denied the allegations that there may be several thousand cases of disappearances in Punjab. It further stated that it was unfair to allege that in Jammu and Kashmir disappearances were carried out by the army and paramilitary groups… Such reports failed to make a fundamental distinction between the complex problems arising out of terrorism and insurgency and the maintenance of public order in a normal situation. The Government stated that there were no provisions which guaranteed any form of impunity to the law enforcement and security forces against prosecution or other disciplinary proceedings for any excesses or human rights violations… in the State of Jammu and Kashmir, action had been taken against 170 officers and men of the army and security forces. Finally, the Government stated that it was its policy to cooperate fully with the Working Group. All cases of alleged disappearance which were brought to the attention of the police authorities were investigated.