This is a report of the UN working group on enforced or involuntary disappearances that was submitted to the UN Commission on Human Rights.
Topics enforced disappearances, state impunity, judicial failure
Terms: disapperaces by police, disappearances by paramilitary, fake encounters, impunity, violation of habeas corpus, arbitrary detention, 1991 Phazpora disappearances, arson and killings, denial of access to justice, failure of rule of law
During the period under review, the Working Group transmitted 12 newly reported cases of disappearance to the Government of India, of which 5 were reported to have occurred in 1991; 3 of these cases were transmitted by cable under the urgent action procedure
.…organizations reported that, during the period under review, the disappearances in India were related to ethnic and religious divisions which had escalated, particularly in the Punjab and Kashmir regions. According to sources, the disappearances in both regions were primarily attributed to police authorities dressed in civilian clothing and paramilitary groups acting in conjunction with, or with the acquiescence of, the armed forces.
Reports indicated that in Kashmir numerous persons allegedly disappeared after "shoot-outs" with security forces. In one reported case in Phazpora, Kashmir, several persons allegedly disappeared when army personnel attacked the locality, killing 25 civilians, most of whom were working in the fields, and setting fire to more than 50 homes.
The Working Group received information that writs of habeas corpus had - been effective in only a small number of cases, in part because, under article 32 of the Constitution, writs for violations of fundamental rights were restricted to the Supreme Court situated in Delhi and, under article 226 of the Constitution, to the high courts situated in the capital of each state. It was said that many persons were consequently unable to reach the courts to make their petitions; and, in cases where a petition had been filed, the authorities far away from the site of the alleged disappearance could not, or lacked sufficient will or financial resources to, carry out proper investigations. Concern was also expressed that the authorities' inability to ensure the carrying out of investigations, particularly in regions where the rule of law had broken down, contributed to the problem of impunity, which in turn created an atmosphere in which more disappearances could take place.
December 1991
Originally published