ABSTRACT
Enforced disappearances constitute numerous human rights violations and therefore are a matter of serious concern under international human rights law. In India, enforced disappearances have occurred most often in regions facing insurgency or armed conflict. For instance, there were around 8000 persons missing in Kashmir during the period from1989 to 2012. Despite the high number of disappearances, enforced disappearance has not been specifically recognized as a criminal offense in the Indian Penal Code. An illegal act that is crime against humanity and that is not penalized in India inevitably necessitates reformation in the Indian criminal justice system. This chapter draws attention towards this legal vacuum in India, as currently there is no law addressing the plight of victims of enforced disappearance. Furthermore, the problem is a global problem (i.e., many countries are affected by act of enforced disappearances). In this view, an endeavor has been made to examine the crime of enforced disappearance. The chapter analyzes the protection against enforced disappearances in India and other countries. It further exhibits the regional and national framework protecting the victims from such heinous act, and the authors stress the need to penalize the offenders of enforced disappearance in the interest of justice and the safety of the victim.
