“If They Are Dead, Tell Us!” A Criminological Study of the “Disappearances” in Kashmir

Cradled in the lap of majestic mountains of the Himalayas, Kashmir is one of the most beautiful places on earth. This paradise is now hell for many Kashmiris due to the prolonged war between India and Pakistan since the end of the British Empire and subsequent partition of the Indian Subcontinent. This paper focuses on the enforced disappearances in Kashmir. The aim of this study is to further develop the study into the victims of State harm. In order to do this, Kauzlarich et al's 'Victimology of State Crime' is utilised, and their general propositions of State crime are tested with reference to the disappeared in Kashmir. This study holds with Kauzlarich et al's assertion that State crime victimology is a different phenomenon from that of street crime as victims are doubly victimised by the state - once during the actual harm inflicted and then again by the criminal justice process. Whilst the majority of Kauzlarich's propositions were consistent with the situation in Kashmir, the concept of secondary victimisation was underdeveloped throughout the original Kauzlarich et al paper. This concept, in relation to Kashmir, is developed in this paper.