1 This report seeks to illuminate the silent suffering of Kashmiri women, particularly widows and half-widows, facing sexual assault, social, economic and health challenges while bearing the responsibilities for their children and entire families. The report also highlights their resilient struggle for the right to self-determination in the face of the Indian occupation. By Mehr un Nisa 4 TABLE OF CONTENTS 1. The Tragedy of Half Widows 7 2. Enforced Disappearances 7 3. Legal Hurdles and Ignored Provisions 8 4. Identity Crisis and the Dilemma of Remarriage 10 5. Forgotten Voices: Half Orphans of IoK 10 6. Militarization's Stranglehold on Kashmiri Women 12 7. Sexual Assault 14 8. Social Isolation 16 9. Economic Vulnerability 16 10. Shattered Inheritance 16 11. Mental Health Issues 18 12. A Legal Perspective 20 13. Stories of Half-Widows 22 14. The Unbroken Resilience of Half Widows 28 15. Conclusion 30 ABSTRACT In Indian occupied Jammu and Kashmir, women have borne the brunt of the Indian occupation, emerging as both direct and indirect victims of state-sponsored violence. The loss of loved ones, including husbands, brothers and sons, has given rise to a unique category known as ‘half-widows’—women trapped in the abeyance of uncertainty about the fate of their missing husbands. The region buzzed with whispered tales of societal hurdles of half widows after their partners went missing. This plight is compounded by the psychological trauma of rape and sexual assault, where victims face both the initial abuse and subsequent condemnation by patriarchal norms. The multifaceted impact of the sexual assault on women is evident in psychological, emotional, economic and educational spheres. Despite these challenges, Kashmiri women actively participate in mass protests for self-determination, exemplifying their resilience in the face of occupation. Keywords: Kashmir, Occupation, Half-widows, Rape, Resilience 6 The disproportionate impact on Kashmiri women is a stark reminder of the collateral damage inflicted by enforced disappearances. Beyond the immediate victims, the ripple effects extend to families, communities and the collective psyche of a region in turmoil. LOST LIVES: THE TRAGEDY OF HALF-WIDOWS “Half-widows” are women in Indian occupied Jammu & Kashmir whose husbands went missing and were never found. These husbands have not been officially declared dead, leaving their wives in a state of not knowing. The term “half-widows” reflects the uncertain situation these women face, spending years waiting without any official word on what happened to their husbands. ENFORCED DISAPPEARANCES The haunting spectre of enforced disappearances in Indian occupied Jammu and Kashmir has been a longstanding and distressing issue for families. The term refers to cases where individuals go missing and the circumstances surrounding their disappearance are shrouded in uncertainty and fear. The matter gained attention in early 1989 in Jammu and Kashmir when young men began to resist and vocalize slogans against the Indian occupation of the region. This marked the beginning of a tragic period that has left families in deep sorrow and hopelessness. The staggering numbers reveal the scale of this silent tragedy. IoK is home to between 2,000 and 2,500 half-widows, each bearing the weight of profound loss and unresolved grief. Compounding this sorrow, 6,000 orphans, the children of these half-widows, navigate the challenges of growing up in the aftermath of a conflict that has left them deeply scarred. However, these figures are only the tip of the iceberg, with the true count believed to be much higher, obscured by the pervasive shroud of fear and uncertainty that engulfs the region. This unique and tragic category has burgeoned, with their numbers swelling to over thousands in recent years. What sets these women apart is the excruciating pain and agony they endure, a burden that surpasses even that borne by other women whose loved ones have tragically fallen to the bullets of the Indian army. One significant challenge in addressing this problem is the lack of thorough investigations. Since the outset, proper inquiries into these disappearances have been scarce, making it difficult to understand the full scope of the issue. The fear of retaliation and reprisal discourages many affected families from reporting these cases, leading to an incomplete documentation of the problem. As a result, the true number of individuals who have gone missing remains unknown. However, it is said that, more than 8,000 men disappeared during the turbulent period spanning the late 1980s to the early 2000s. The Indian government, however, has provided widely varying figures for these disappearances, ranging from 1,105 to 3,931. The unsettling reality of mass unidentified graves scattered across the region serves as a haunting reminder of these enforced disappearances. In August 2011, the State Human Rights Commission (SHRC) in Jammu and Kashmir revealed the discovery of 2,730 unidentified bodies interred in unmarked graves in 38 sites across three districts in northern Kashmir, a comprehensive investigation into these mass graves is yet to take place. In the chaos of the Kashmir conflict, enforced disappearances emerge as a weapon wielded by the Indian state, a strategic tool to assert dominance over the rights of the Kashmiri people. While men predominantly bear the brunt of enforced disappearances, the repercussions extend to Kashmiri women, who disproportionately shoulder the burdens emanating from such heinous acts. In this context, enforced disappearances unfold as a sinister aspect of warfare, a means through which the Indian state seeks to establish hegemony during the conflict in Kashmir. The suffering is not confined to the disappeared individuals alone; it permeates the fabric of Kashmiri society, affecting men and women alike. 7 Article 2 of the United Nations Convention against Torture categorizes enforced disappearance as a grave violation, encompassing actions like arrest, detention, abduction, or any form of liberty deprivation carried out by state agents or individuals acting with state authorization, support, or acquiescence. The subsequent refusal to acknowledge the deprivation of liberty or the concealment of the disappeared person’s fate or whereabouts removes them from the protection of the law. in Kashmir. Women, grappling with the anguish of missing spouses, find themselves embroiled in protracted legal battles against in-laws and courts, particularly in their quest for property rights during divorce. Those fortunate enough to possess wealth often channel substantial sums of money, time and resources into the exhaustive search for their disappeared relatives. This heartfelt commitment, however, is not merely born out of choice but is a compelling response to a system of justice that appears fundamentally flawed and inadequate. LEGAL HURDLES AND IGNORED PROVISIONS The realization that the existing justice mechanisms may fall short of delivering a proper investigation into the crimes surrounding disappearances propels these wealthier families into action. They understand that the intricate web of bureaucracy, legal challenges and societal neglect creates a daunting barrier for those seeking answers through conventional channels. Consequently, they take it upon themselves to fund private investigators, legal experts and other essential resources necessary for an in-depth and comprehensive search. The process of filing a missing persons report in Srinagar unfolds as a daunting ordeal, fraught with obstacles that only compound the distress of affected families. Attempts to report missing members often lead to police pressure and intimidation, coercing some families into withdrawing their complaints out of sheer fear. Others, determined to seek justice, find themselves navigating through different courts merely to register a First Information Report (FIR). This arduous journey reflects the dire challenges families face in their pursuit of truth and justice. What makes this struggle even more disheartening is the acknowledgment that even elements within the police and security forces, entities entrusted with the duty of upholding justice and security, can transform into adversaries. Instead of assisting in the search, some instances reveal these forces becoming obstacles, adding another layer of complexity to an already challenging journey of affectees. Adding to the irony of this distressing situation is the fact that government relief pensions, a nominal sum of 100,000 rupees ($2,253) per year, are granted only after families obtain a death certificate from district authorities. However, there is a cruel catch families must first prove that the missing victim was not involved in any activities construed as political militancy. This bureaucratic hurdle adds insult to injury, further delaying assistance to families in dire need. This reality underscores a collective failure of both society and the government, wherein the suffering of families grappling with enforced disappearances is further exacerbated. The web of bureaucracy and legal challenges becomes a suffocating maze, leaving families caught in perpetual uncertainty and fear. The very fabric of familial bonds is torn apart, as the unresolved fate of missing loved ones leaves an indelible mark on the region, perpetuating a cycle of anguish and despair. In this harrowing region, the Dissolution of The Muslim Marriage Act, tracing its roots back to 1939 and approved in Jammu and Kashmir in 1945, holds provisions for the legal dissolution of marriages. Section 2 (i) of the act provides a ray of hope for widows, allowing them to seek divorce if “the whereabouts of the husband have not been known for a period of four years.” Despite this legal recourse, the provision often remains disregarded 8 9 IDENTITY CRISIS AND THE DILEMMA OF REMARRIAGE A silent crisis looms over thousands of women caught in an identity crisis, grappling with the ambiguity of their marital status. This struggle not only reflects a cultural gap but also sheds light on the overlooked needs and equality issues faced by women in the region. Thousands of women, termed as “half-widows,” find themselves in a perplexing situation where their marital status remains uncertain. The lack of a clear declaration regarding the fate of their missing husbands plunges them into an ongoing identity crisis. This predicament is emblematic of a cultural divide in Kashmir, where the rights and equality of women often go unrecognized, leaving these women languishing in the shadows of uncertainty. Many half-widows in Kashmir grapple with a persistent dilemma regarding whether to remarry, a decision entangled with profound feelings of loyalty and love for their missing husbands. This internal struggle becomes even more complex as these women weigh the well-being of their children. To declare a missing person legally dead, the intervention of a cleric well-versed in Sharia law is necessary. Unfortunately, these clerics seem to be in a state of indifference, unwilling to acknowledge the agony faced by the half-widows. As a result, these women are denied the rights they rightfully deserve. Their struggle doesn’t neatly fit into the categories established by various NGOs, orphanages, or widows’ homes, further exacerbating their plight. Remarriage, a potential pathway to a new chapter in life, is marred by intricate religious guidelines that vary among the major schools of thought in Islam. The Hanafi school suggests a waiting period of 90 years after a husband’s disappearance, while scholars of the Maliki school offer a more pragmatic waiting period of four to seven years. The conflicting guidelines create confusion and in 2015, the Jammu and Kashmir government imposed a seven-year waiting period for half-widows to remarry. This contradicted a crucial 1993 court judgment allowing remarriage after four years, further adding to the complexity. In 2015, religious scholars from various Islamic schools gathered to discuss the predicament of half-widows in Kashmir. Following deliberations, the ulemas collectively agreed that these women could remarry after four years of their husbands’ disappearance. While this resolution represented a step forward, its belated nature provided scant comfort to those who had weathered over two decades of uncertainty, underscoring the prolonged and enduring struggles faced by the affected individuals. A fraction of half-widows contemplates remarriage, but numerous factors contribute to a complex decision-making process. Many hesitate, holding onto the belief that they will eventually receive information about their husbands. For others, the fear that a stepfather might not accept or provide the best for their children acts as a deterrent. Even for those considering remarriage, social stigmas remain robust and interpretations of religious rules surrounding remarriage are contested. FORGOTTEN VOICES: HALF ORPHANS OF IOK The plight of orphaned and half-orphaned children in IoK stands as a poignant reflection of the human cost of prolonged conflict. While exact figures may elude precision, a staggering estimate suggests that more than 1,07,950 children have been orphaned or half-orphaned by the actions of the Indian army during the years of conflict. These kids facing difficulties go beyond just numbers; their dreams are broken and they have limited opportunities. The absence of a father figure, a source of identity and self-esteem, has left an entire generation of children navigating the confusion of shattered aspirations. The impact is particularly harsh, given the economic downturn that restricts the halfwidows, often mothers of these children, from pursuing legal avenues for support. The halfwidows, grappling with the uncertainty of their 10 11 spouses’ fate, face appalling conditions alongside their half-orphans The haunting queries—whether their fathers are still alive, have disappeared without a trace, or have succumbed to the perils of conflict— make things very uncertain. This state of uncertainty compounds the challenges faced by these young souls, as they navigate the complexities of life with the added burden of not knowing the fate of their fathers. The absence of clarity regarding the well-being and existence of their paternal figures becomes a poignant thread woven into the fabric of their daily struggles, magnifying the emotional toll of their predicament. Faced with ongoing uncertainty, these half-orphans are wrestling with a deep emptiness. They search for answers that could bring comfort and a sense of closure to their challenging stories. The grey reality extends to the children’s mental health, exacerbated by ongoing violence and transgenerational trauma. Many Kashmiri children are diagnosed with obsessive-compulsive disorder, with the numbers steadily rising. This generation, deprived of a semblance of normalcy, risks absorbing the mental scars inflicted on their mothers by the protracted conflict. The UN Charter and the UN Convention on the Rights of the Child (UNCRC) lay down principles that obligate state parties to take appropriate measures for the physical, psychological and social reintegration of children victimized by neglect, exploitation, torture, or armed conflict. The UNCRC stresses the importance of creating an environment that ensures the health, self-respect and dignity of the child. In the context of IoK, the constitutional framework further emphasizes the state’s responsibility to secure and ensure the right of all children to have a happy childhood, including adequate medical care and attention. However, the prevailing circumstances in the region reveal a stark disconnect between these principles and the ground reality faced by the orphaned and half-orphaned children. The children of Kashmir, thrust into an environment of violence and uncertainty, become unwitting victims of the conflict, grappling with disrupted lives, homes and communities. The psychosocial development of this young population is significantly hampered by the destruction of normalcy, contributing to a cycle of despair and vulnerability. MILITARIZATION’S STRANGLEHOLD ON KASHMIRI WOMEN The dominating presence of militarization is more significant than the actual war, causing harm that goes well beyond the battlefield. Women in Kashmir face the worst effects of militarization. They endure loss, becoming widows due to conflict and suffer from the harshness of rape and violence. India uses various harsh tactics like curfews, crackdowns, fake encounters and more to control the region, making life for Kashmiris extremely difficult. Paradoxically, despite having a substantial military force of 90,000 to 100,000 personnel, India deployed the 34th battalion of Assam Rifles, composed of riflewomen, to further legitimize its occupation of Kashmir. This move raises questions about the true motives behind such intensification of militarization. Simultaneously, revelations from The New York Times indicate that India has armed approximately 4,000 village groups, purportedly for defense, unveiling a concerning strategy. With these groups armed, civilian life undergoes a militarization process, turning everyday existence into a precarious struggle where trust dissipates and the boundaries between protector and adversary become blurred. In this environment saturated with militarization, the fundamental question arises: How can an ordinary person survive, move freely and claim their land? The impact of militarization on Kashmiri women is profound, symbolizing an increased state of vulnerability and perpetual threat in which they exist. The aftermath of conflict leaves women as widows or half widows and the trauma of sexual violence further worsens an already dire situation. The deliberate use of oppressive tactics like 12 13 curfews and crackdowns exacerbates the constant fear experienced by women, constraining their movement and autonomy. The essence of normalcy is gradually eroded, as the familiar land transforms into a battleground where survival hinges on circumnavigating the complex network of military presence. SEXUAL ASSAULT Kashmiri women, as the silent victims of the conflict, bear immeasurable losses. Every loss in this protracted struggle is a loss to a Kashmiri woman, whether it is the loss of a husband, brother, father, son, or daughter or the heart-wrenching experience of witnessing loved ones disappear. As mothers, daughters, wives and sisters, they silently endure the subtle but profound impacts of the military occupation. The situation is exacerbated by the Indian armed forces’ legal, moral and political impunity, creating a distressing environment where justice remains elusive. The discourse surrounding sexual violence in IoK becomes muddled and obscured in the absence of accountability for the occupying state. The distressing reality of over 11,000 instances of sexual violence against Kashmiri women since 1989 underscores the severity of the crisis, emphasizing the pervasive nature of this deeply troubling issue. The heavy militarization not only perpetuates a cycle of conflict but also subjects Kashmiri women to unthinkable atrocities. The narrow definition of violence against women further hampers accurate assessments, particularly concerning the hardships faced by women, such as those forced into widowhood. Several particularly egregious events serve as stark reminders of the violence faced by Kashmiri women. The haunting echoes of the 1991 Kunan Poshpora incident reverberate through Kashmir’s tumultuous history, serving as a chilling testament to the horrors endured by its women. In this dark chapter, over forty women faced unspeakable brutality at the hands of the 4th Rajputana Rifles Unit. Shockingly, despite the gravity of the allegations, a dismissive one-man inquiry callously labeled the ordeal a “massive hoax,” laying bare the systemic denial of justice that has marred the quest for accountability. In this tragedy, more than sixty women, irrespective of their age, fell victim to the brutality of a battalion from the 4th Rajputana Rifles on that fateful night of February 23, 1991. The unit, operating under the 68 Mountain Brigade of the Indian Army, conducted a ‘Cordon and Search operation’ in the adjacent villages of Kunan and Poshpora. The male inhabitants were forcibly taken to a nearby field, where they endured torture until dawn. Under the cover of darkness, the assailants unleashed a wave of mass rape, violating between 30 to 100 women. The victims spanned generations, with women as old as 60 and girls as young as 13 subjected to the unspeakable brutality in this northern district of the occupied territory. Regrettably, Kunan Poshpora represents just one chapter in the grim narrative of the Indian Army’s use of rape as a weapon of war in the region. The pervasive pattern of such brutal assaults on the Muslim women of Jammu and Kashmir reveals a deeply troubling reality. In 2009, the tragic discovery of the bodies of Neelofar Jan and Asiya Jan in Shopian further underscored the plight of Kashmiri women. Although a postmortem confirmed rape and murder, subsequent government commissions and a Central Bureau of Investigation report shockingly declared no such crimes had occurred. These incidents exemplify the challenges women face in seeking justice and accountability for the violence inflicted upon them. The hesitancy to report instances of sexual violence in IoK is rooted in a legitimate fear of retaliation by the Indian armed forces. Disturbingly, there hasn’t been a single prosecution of a member of the armed forces for human rights violations in Kashmir thus far. This absence of accountability cultivates an atmosphere of impunity, enabling violent abuses to occur without facing any consequences. Even in the infrequent court martial proceedings, the penalties have tended to be more corrective than punitive. 14 15 An example of this issue is the troubling case of Major Rahman in 2004, who, despite being accused of raping two women, faced only suspension and eventual acquittal, underscoring the systemic challenges in addressing such heinous crimes. SOCIAL ISOLATION The situation for half-widows in Kashmir becomes even more difficult due to social isolation, a heartbreaking consequence of their prolonged and uncertain circumstances. These women, left in a state of limbo due to their husbands’ unresolved disappearances, find themselves vulnerable to various threats. Social networks, gatherings and functions typically vital for individuals facing trauma, sometimes turn into sources of additional distress for halfwidows. This is because societal biases and misunderstandings within these networks can exacerbate their already challenging situations. The lack of closure and the ongoing uncertainty about the fate of their husbands intensify the vulnerability these women experience. A particularly heart-wrenching aspect is the potential separation from their children. In situations where tensions within the in-laws’ home run high, heartbreaking scenarios unfold. The in-laws may choose to keep and raise the grandchildren while denying the half-widow visitation rights. Alternatively, the natal family might take in the half-widow but with the condition that her children remain with the in-laws or are sent to an orphanage. This fractures the family structure, leaving the halfwidow estranged from one or more of her children. The societal challenges faced by half-widows extend beyond family dynamics. Branded as ‘single women,’ they become victims of pervasive gender biases, leading to social isolation, shaming and heightened physical vulnerability. Senseless blame is often directed at these women for their husbands’ disappearances. They may be unfairly perceived as bringing bad luck to the family or face unfounded allegations about their character or deeds. The critical societal gaze becomes particularly burdensome for half-widows in the absence of a male partner. They become susceptible to suspicion if they continue dressing as they did when married, pursue work or daily chores, or engage with authorities. Tragically, some half-widows report becoming targets of sexual violence from those who view them as defenseless without a partner. ECONOMIC VULNERABILITY the term “half-widows” carries a weight that extends beyond mere loss, encompassing a burden of financial struggles left behind by their husbands. Half-widows, whose husbands disappeared at the hands of the Indian army, find themselves in a challenging predicament—neither officially recognized as deceased nor present to provide economic support. The absence of husbands leaves these women economically vulnerable, propelling them into destitution and a relentless struggle for survival. These resilient women find themselves shouldering the unpaid debts of their spouses, navigating the challenging terrain of survival in a region fraught with turmoil. Forced to take on various roles, from wage laborers to sellers of meagre resources, firewood vendors to domestic helpers and even resorting to begging at times, the halfwidows embody the resilience and resourcefulness demanded by their circumstances. In families already grappling with socio-economic challenges, the disappearance of husbands exacerbates vulnerability, pushing many into destitution. Traditionally, husbands serve as the sole breadwinners and their sudden absence results in an abrupt paucity of income. The economic strain intensifies as potential sources of relief, such as the issuance of ration cards or the transfer of property or bank accounts, become inaccessible to halfwidows due to the lack of death certificates and the suspicion of government verification procedures. SHATTERED INHERITANCE After husband’s disappearance, a significant legal disparity emerges for mothers left behind and they have to face a tough reality. Unlike their 16 17 children, who could potentially claim support from the family, these mothers find themselves in a precarious situation without any entitlement to inheritance or maintenance. Even for those who do have children, the support provided is indirect, primarily channelled through the children, leaving those without offspring in a challenging and isolating predicament. The existing legal framework fails to provide adequate protection and support for these mothers, warranting a closer examination and revision of the laws to ensure a more equitable and just resolution to their predicament. Islamic succession laws, which dictate the distribution of a deceased person’s property among their heirs, are sometimes misinterpreted or manipulated to unjustly exclude half-widows and their children, denying them their rightful share of inheritance. This misapplication of the law adds to the challenges faced by half-widows and their families. Under Islamic jurisprudence, the distribution of a deceased husband’s property varies for widows based on their circumstances. A widow with children is entitled to one-eighth of her husband’s property, while a widow without children receives one-fourth. However, a half-widow, who is in a state of uncertainty about her husband’s fate until his death is officially declared, does not receive any portion of the property. the alternative source of shelter and food. However, cultural norms dictate that a daughter should not live with her parents once they have fulfilled their duty of marrying her. This cultural constraint further deepens the economic challenges faced by halfwidows and their children, as they are perceived as burdens rather than family members in need. In instances where no family is able or willing to support the half-widow and her children, homelessness becomes a haunting reality. Some children may be placed in orphanages or Trusts. Faced with desperation, some half-widows resort to menial work, while others are driven to begging. MENTAL HEALTH ISSUES Beyond direct physical violence, women in Kashmir also bear the indirect consequences of the broader male-centric violence in the region. The experiences of half-widows, women left in limbo due to the disappearance of their male relatives, highlight the gendered nature of the conflict’s impact. Psychologically, women emerge as the worst affected by mental health problems in Kashmir, revealing the toll of the ongoing violence on their well-being. Moreover, women grapple with severe socioeconomic hardships, exacerbated by their conventional financial dependence on men in the patriarchal society. The half-widows often find themselves ill-equipped, both educationally and socially, to assume the role of the family’s breadwinner. Consequently, they and their children become dependent on others, frequently relying on the husband’s family. However, relationships within the in-laws’ family often sour after the disappearance, viewing the half-widow and her children as constant reminders of the family’s loss and additional mouths to feed. Compounded by cultural norms and Islamic inheritance laws, the disappeared sons are often excluded from inheritance considerations, leaving the half-widow solely responsible for supporting her children. According to the IMHANS and ActionAid study, 11.3% of respondents in the valley are grappling with mental health disorders, a figure significantly higher than the Indian national average. Another harrowing report by MSF Doctors without Borders paints an even grimmer picture, asserting that half of all Kashmiri residents are plagued by mental health issues. The report probes into the specifics, revealing that 50% of women and 37% of men are likely to suffer from depression, 36% of women and 21% of men have probable anxiety disorders and 22% of women and 18% of men endure posttraumatic stress disorder (PTSD). In cases where half-widows leave or are forced to leave the in-laws’ home, maternal homes become The root cause of this mental health crisis lies in the pervasive post-traumatic stress disorder (PTSD). The loss of family members, left unaddressed for 18 19 months, exacerbates the issue, transforming it into a formidable challenge to overcome. The MSF report, the third of its kind on mental health, underscores the urgent need for comprehensive mental health support in Kashmir. A team of five women, who visited Kashmir shortly after the Indian government stripped Jammu and Kashmir of its special status, provided a firsthand account of the harrowing situation. In their report titled “Women’s Voice: A Fact-Finding Report on Kashmir,” they depicted a region where the cumulative humiliation and torture endured for seven decades have reached an unbearable zenith. The levels of stress and fear have become so severe that women are reportedly delivering babies prematurely due to the prevailing conditions. Quoting a senior doctor from North Kashmir, the report highlighted an alarming increase in mental disorders and heart attacks. The absence of fathers, husbands and sons has forced women to confront myriad challenges, including financial, legal and psychological burdens. The plight of half-widows, uncertain about the return of their spouses or the prospect of remarriage, adds another layer of complexity. Many rape survivors and widows find themselves grappling with PTSD and the socio-economic pressures compound the psychological toll on halfwidows, often left unaddressed. The Government Psychiatric Diseases Hospital in Srinagar is inundated with 200 patients a day in its Out Patients’ Department. However, the families of half-widows or the disappeared often do not seek treatment, clinging to hope without realizing the toll it takes on their mental well-being. In a distressing cycle, worsening mental and physical health adversely affects their economic situation, exacerbating their vulnerability and perpetuating a cycle of isolation, suffering and compromised wellbeing. INDIAN FORCES AND SEXUAL ASSAULT IN KASHMIR – A LEGAL PERSPECTIVE The persistent reports of sexual violence perpetrated by Indian forces in Indian occupied Jammu and Kashmir raise serious concerns about the non-compliance with international laws, particularly those governing armed conflict and human rights. Rape, as a violation of international law, is unequivocally condemned and its prohibition is explicit in various international humanitarian law (IHL) texts. Despite this, the actions of Indian forces in Kashmir underscore a disturbing pattern of noncompliance. International humanitarian law, applicable during armed conflicts, condemns acts such as “violence to life and person,” “outrages on personal dignity,” and “torture, or cruel, inhuman, or degrading treatment or punishment.” While rape may not always be explicitly mentioned, its inclusion in these broader prohibited behaviors is evident. Furthermore, several international conventions and authorities explicitly recognize rape and sexual violence as forms of torture. These include the 1994 Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, the 1993 UN Declaration on the Elimination of Violence against Women, the Inter-American Commission on Human Rights, the Statute of the International Criminal Court (ICC) and the International Criminal Tribunals for the Former Yugoslavia and Rwanda (ICTY and ICTR). In both international and non-international armed conflicts, IHL prohibits rape and other forms of sexual violence. International criminal law imposes individual criminal responsibility for perpetrators of sexual crimes. The gravity of the situation in Kashmir is underscored by the alarming number of reported cases, surpassing 11,000 instances of sexual violence against Kashmiri women since 1989. These stark facts not only emphasize the severity of the crisis but also highlight the pervasive nature of the issue, pointing to a systemic problem that demands urgent attention. 20 21 Despite the clear legal frameworks condemning such acts, the Indian armed forces’ actions in Kashmir reflect a troubling lack of compliance and accountability. The International Criminal Court’s statute, as well as the precedents set by the International Criminal Tribunals for the Former Yugoslavia and Rwanda, unequivocally recognizes the criminal responsibility of individuals involved in sexual crimes during armed conflicts. The continued reports of sexual violence by Indian forces in Kashmir necessitate a thorough and impartial investigation to determine accountability for these grave violations. The adoption of UN Resolution 1325 in 2000 on ‘Women, Peace and Security’ represents a landmark acknowledgement of the disproportionate impact of conflict on civilians, especially women. This resolution urges increased involvement of women in all UN peace and security efforts and calls for special measures to protect women and girls from gender-specific violence, especially rape and other forms of sexual violence during armed conflict. The failure of Indian forces to comply with these international mandates raises serious questions about their commitment to upholding human rights and the rule of law. Moreover, the UN mandates are binding on all member states, including India. The absence of an enforcement and accountability mechanism, however, poses a significant challenge in ensuring compliance. It is imperative that the international community holds India accountable for the actions of its armed forces in Kashmir, ensuring a thorough and impartial investigation into the reported cases of sexual violence. Jameela faced five long years of sadness since her husband disappeared one morning. Jameela, a resilient soul, had tirelessly searched for any trace of her missing husband. Yet, every effort led to a heartbreaking void. Jameela found herself carrying the heavy responsibility of ensuring a good life and education for her three children alone. In this challenging journey, the thought of remarriage #1 emerged as a source of both economic and moral support. Yet, societal barriers were significant, as Jameela’s in-laws warned her against a decision that went against established norms. Even after ten years, many couldn’t remarry due to responsibilities and societal pressures. Jameela’s story shows the challenges half-widows face in Kashmir, trying to balance personal wishes with society’s expectations. It’s a tale of silent struggles, resilience and hope in the shadows of half-widowhood. Suraya’s journey is marked by the never-ending pain of her husband’s disappearance, a haunting mystery that has lingered for twenty-five years since the Indian army took him for interrogation. Despite exhaustive searches, there’s been no trace, leaving Suraya in perpetual anguish. The scent of his presence lingers in her memories and she fervently desires to find his resting place. Fueled by a desperate need for answers, she yearns to know her husband’s fate and provide her children with a place to mourn. After her husband’s disappearance, Suraya faced additional challenges as her in-laws turned hostile, pushing her to remarry within forty days or face eviction. Choosing the path of resilience, she left with her three sons, embarking on a journey to secure a better life. The road to stability was fraught with emotional sacrifices, as her sons yearned for her presence during their time in orphanages. Suraya’s stoic assurance that everything would improve sustained her family’s hope. In 2016, they finally moved into the home she built with a loan, symbolizing a new chapter of resilience and determination. Despite the hardships, Suraya’s story shows the strength of a mother’s love and her unwavering commitment to providing her sons with a brighter future. However, the shadows of depression and the toll of twenty-five years of uncertainty weigh heavily on her, emphasizing the silent suffering endured in the quest for justice and closure. 22 #2 23 At just 19, Fareeda Begum began a happy life with her husband in Baramulla district, Kashmir. However, their peaceful life took a devastating turn one cold February night in 1990, when a relentless knock on their door shattered the peace they once knew. Her world crumbled as a group of Indian army forcibly took her husband away into the unknown. Despite relentless searches, he never returned and Fareeda faced the harsh realities of traditional Kashmiri society, depending on her in-laws. The struggle increased when her brother-in-law withheld her husband’s share of the property. With her son working as a daily wage earner, the family’s dreams were overshadowed by the elusive hope of a better life. Fareeda’s story mirrors the silent struggles of many Kashmiri women left in uncertainty and loss as their husbands disappear without a trace. #3 Safoora’s husband disappeared in 1999 after leaving for work, leaving her in the dark about his fate. At around 25 years old, Safoora finds herself shouldering the responsibility of her small family, which includes her disabled brother-in-law, her mother-in-law and her 09-year-old daughter, in their rented one-room apartment. Working tirelessly as a domestic helper in the neighborhood, Safoora struggles to make ends meet, with the money earned going toward essentials like food, her daughter’s school supplies and medicines for her ailing mother-in-law. Despite her efforts, the family receives no compensation for her husband’s disappearance. Multiple unsuccessful trips to the District Commissioner’s office have left them without answers, despite possessing a CID report stating that her husband had no prior involvement in militancy. Safoora’s natal family has distanced themselves, pressuring her to remarry and neglecting the challenges she faces in caring for her family members. Amidst this adversity, Safoora’s unwavering commitment to her daughter’s wellbeing reflects the profound difficulties faced by those left behind in the aftermath of mysterious disappearances. #4 Soora’s harrowing saga began on March 15, 2000, when her husband, Mushtaq Lone, was forcibly taken by the Indian Army from their family home and never returned. Despite relentless efforts, initial reluctance from the authorities to file a First Information Report (FIR) led to public protests. Legal proceedings, including inquiries and court orders, unfolded over years, revealing a frustrating lack of progress and cooperation from the Army. Soora’s unwavering pursuit of justice, marked by multiple court orders, exemplifies the protracted struggle faced by families grappling with the disappearance of their loved ones in the complex socio-political landscape of Kashmir. #5 Balkees’s journey began two decades ago when her husband, a carpenter, left for work one day and never returned. Despite tireless searches, police complaints and the passage of time, he remained missing. Becoming the sole provider as a domestic worker, Balkees not only cared for her daughter but also assumed the responsibility of looking after her husband’s mother and a disabled brother. The challenges multiplied after her mother-in-law’s demise, pressured by societal norms and family honor, Balkees faced an ultimatum from her brother: marry her disabled brother-in-law or leave the house. Forced to prioritize family honor over personal choices, she moved to her maternal village, encountering new struggles. Legal battles ensued, attempting to secure her daughter’s rightful share of the family property, but a decade-long court case yielded no resolution. Despite the hardships, Balkees managed to construct a modest two-room house in her native village with support from local organizations. After marrying off her daughter, she now resides alone in the two-room house, Balkees reflects on fulfilling her husband’s unfulfilled wish to build a home in their village. Yet, the haunting feeling of a solitary existence looms large, echoing the deep loneliness she suffered throughout her challenging journey. 24 #6 25 Marjan was married to Mushtaq at the age of 16. They were blessed with eight children. The youngest, only eleven months old, when tragedy struck on 1999. During a raid, Indian army picked up Mushtaq, dragging him out of the house while locking Marjan and the children inside. Witnessing the brutal scene, with mushtaq being beaten, Marjan couldn’t even convey that he had dedicated most of his life to the Indian Army. They took him to the army camp. Since that fateful day, Marjan has received no news of her husband despite relentless searches in military camps and prisons both within and outside Kashmir. Her son bears the burden of growing up without a father, grappling with the pain and anger that lingers. The lack of government assistance adds to their struggles, with no local vocational centers for Marjan’s daughters, leaving them confined at home. Despite filing a lawsuit, justice remains elusive and Marjan narrates her story without tears, embodying the resilience of a woman who single-handedly raised eight children, navigating life without her life partner and denied the closure she seeks. #7 In April 2020, Safeer and his wife Farah faced the harsh realities of the Indian authorities’ oppressive actions in Kashmir. A visit to Farah’s parents’ house turned into a nightmare as police officials took away their 17-year-old son, demanding Safeer’s appearance in exchange for his release. Despite presenting evidence of Safeer’s innocence captured on CCTV, he was detained, charged with involvement in a mob attack. The insensitivity of the police, mocking Farah during visits and heartlessly threatening seven years of imprisonment, compounded the family’s distress. As Safeer languished in Mandoli jail, Farah grappled with financial woes, unable to pay rent and worried about his health amid the pandemic, all emblematic of the injustices faced by Kashmiris under draconian laws. #8 #9 Shakeela’s first husband, Hameed, ‘disappeared’ in 1990. At the young age of 22, Shakeela found herself at home with her two daughters, aged just 2 months and 14 months, when Hameed, a driver, went for a government job interview after taking leave that day. Tragically, at an Army checkpoint, he was taken and never returned. Eyewitnesses, including Hameed’s brother-in-law, saw him being taken by Indian forces, while the body of another man was later discovered in the water. Shockingly, Hameed’s fate remains unknown. Despite relentless searches by Hameed’s family in local jails and camps, no information surfaced, leading to a tragic turn of events for Shakeela. Blamed for bringing misfortune upon their son, Hameed’s family deemed Shakeela an outcast, resulting in her departure to her maternal home about ten days after her husband disappeared. Taking her infant daughter with her, Shakeela became an economic burden on her struggling brothers and their wives. Eventually, the neighbors approached Shakeela’s father with a proposal for her remarriage. A widower with five grown children sought her hand and three years and two months after Hameed’s disappearance, Shakeela entered her second marriage with a Quran teacher from the village. Now, with three children from her second marriage, Shakeela faces another challenge as her former in-laws refuse to allow her daughters from Hameed to live with her. The complexities of Shakeela’s life underscore the profound impact of uncertainty and loss in the aftermath of a husband’s disappearance. Shamsa, 22 years old, was married to Muneer, faced the sudden disappearance of her husband in 2002. Despite seeking help from the police, no FIR was filed and the case only gained attention two years later when Advocate Parvez Imroz took it up. Facing bureaucratic hurdles and societal judgment, Shamsa resorted to wearing a burqa to government offices. Struggling to make ends meet, she worked as a domestic helper while enduring comments about her attire and insinuations about her relationships. Amidst the unrest in 2010, her sons were subjected to police brutality. Concerned about their well-being, Shamsa grapples with the pervasive physical insecurity in the Valley. Currently, she seeks psychiatric help for her eldest son, who 26 #10 27 exhibits signs of depression and violent thoughts, while coping with her own mental health challenges through self-medication, highlighting the multifaceted hardships she endures as a lone parent in her late thirties. Shehnaz Dar, a mother of six children, is grappling with the mysterious disappearance of her husband, Majid Dar. He went to the police station after receiving a phone call and never returned home. Amid curfew, Shehnaz managed to visit the police station, only to learn that her husband had been transferred to another jail. Compounding the distress, Shehnaz, battling a coronary illness for the past three years, is unable to afford her medication. Expressing her plight, she reveals the financial constraints preventing her from accessing necessary drugs. Displaying her prescription and medicines, Shehnaz shares the challenges she faces regarding her health. Shehnaz Dar is just one of many women in Kashmir facing the ordeal of husbands detained under the Public Safety Act (PSA) following the revocation of Article 370 by the central government on August 5. The subsequent clampdown, curfew, communication blackout and mass arrests have left countless families in anguish, with Shehnaz’s emotional story shedding light on the human toll of these events. several years, supporting her children through daytime begging and evening domestic chores for neighbors. The stark and heart-wrenching details of Praveen’s journey underscore the profound impact of uncertainty and loss in the wake of a husband’s disappearance. #11 Praveen’s life took a tragic turn when one morning left for morning prayers at the mosque, merely forty steps from their home. Disturbingly, neighbors returned with the news that he had been taken by Indian forces. Undeterred, Praveen embarked on a relentless search for her husband at military camps, police stations and even the State Human Rights Commission. However, renegades visited her home, warning against further inquiries. Despite her children’s fear, Praveen convinced them to stay with relatives while she continued the quest for their father. But one day after months search, her husband’s grave was exhumed, but authorities denied her access to his remains, citing opposition from the Army. Praveen relocated to Baramulla for #12 THE UNBROKEN RESILIENCE OF HALF WIDOWS Half Widows – Kashmiri women - are not just victims; they are the unsung heroes of a long and difficult story. These women sing powerful songs that capture the memories of those who have sacrificed their lives. However, the Indian armed forces exploit Kashmiri women, damaging not just individuals but also the dignity and cohesion of the entire community. Yet, in the face of these challenges, Kashmiri women stand resilient, refusing to be labelled only as victims. The resilience of Half Widows, such as Naseema Bano, Shehnaz Dar, Rehana, Soora, Safoora, Shamsa, Farah and many others, stands as a testament, in the already militarized and fear-laden region of Kashmir, to the strength and courage of women who have endured the pain of not knowing the fate of their missing husbands. These women, often overlooked in their role as active participants in the struggle for self-determination, have faced not only personal loss but also the exploitation of their bodies by the Indian armed forces, attacking the very honor of their communities. Kashmiri women have been at the forefront of the fight against Indian rule, not just as victims but as active participants in the struggle for selfdetermination. Despite the world often overlooking their contributions, these women have played a vital role in the fight for their rights. They have resisted the occupation through protests, both on the streets and in legal and political spaces. Figures like Parveena Ahanger, founder of the Association of Parents of Disappeared People (APDP) and Asiya Andrabi of Dukhtaran-e-Millat (DeM), who is in India’s infamous Tihar Jail since 2018, have been instrumental in documenting cases of enforced 28 29 disappearances and leading peaceful protests. These women, alongside Yasmeen Raja of Muslim Khawateen Markaz (MKM) and Farida Behanji of Mass Movement Jammu and Kashmir, have persistently fought for their inalienable right to selfdetermination. The stories of resistance go beyond protests on the streets; they are woven into the fabric of everyday life. Mothers like Naseema Bano, facing the uncertainty of their husbands’ fate, stand as symbols of endurance. Younger women, like Safoora and Farah, challenge the narratives imposed by the Indian state. They break the silence surrounding the harsh realities of Kashmir, contributing to the dismantling of false images created by authorities. The resilience of these women is not merely a response to personal tragedy but a collective act of resistance against oppression. Their strength illuminates a path toward a future where the voices of the oppressed cannot be silenced and the struggle for self-determination prevails. with the uncertainty of their husbands’ fates. Despite enduring these hardships for decades, the hope for freedom remains distant. Yet, these women persist with remarkable strength, challenging the Indian state’s efforts to force submission through sheer force. The stories of resistance go beyond protests. Women in Kashmir carry the weight of personal loss and stories of freedom fighters in their families. Their lives are shaped by tales of sacrifice and resistance, passed down through generations. In addition to the older generation, younger women are challenging the narratives imposed by the Indian state. They are breaking the silence surrounding the realities of Kashmir, courageously dismantling the false image created by the authorities. The resilience of Half Widows is not just a response to personal tragedy; it is a collective act of resistance against oppression. CONCLUSION In Kashmir, many men have gone missing since the conflict began in the 1990s, leaving their wives in a unique and difficult situation known as “halfwidow.” These women are both wives and widows, yet they don’t fully belong to either category. Over the past 75 years of conflict, these half-widows symbolize the ongoing struggles in the region. Caught between political turmoil and daily life challenges, their existence reflects a failure of the state to address their plight. Despite the existence of two OHCHR reports and UN resolutions, including 1325 (2000), 1888 (2009), 1889 (2009), 1960 (2010), which focus on preventing and responding to conflict-related sexual violence and the appointment of the Special Representative on Sexual Violence in Conflict, Kashmiri women continue to be overlooked by UN mechanisms and other international forums. The use of rape as a tool of conflict adds to their suffering, with thousands of women becoming widows and many living as half-widows, grappling 30 Basement, Rubani Center, Allah Wali Market, Street 33, Sector F-8/1, Islamabad - Pakistan. Phone: 051-831 3723-4 | Fax: 051-835 6310 Facebook: kiirnpo | Email: kiir@kiir.org.pk w w w. k i i r. o r g . p k 32