sempozyum_bildiri_kitabi

custodian as in the case of Tasleema: “With reference to compensation amount of one lakh rupees, I
was given only Rs. 12,000 and cheque for remaining amount lies with my brother‐ in‐ law. It is in his
name. He will give that to me once my children grow up. What to do till then?” 15
Muslims in Jammu and Kashmir follow the Shariah(Muslim Personal Law)in matters of marriage,
divorce, child custody, and inheritance. According to the Shariah, if the husband is missing, after the
completion of the “wait period,” 16 which is usually four years, the Qazi can declare the missing
person dead, after thorough investigation through police, print and electronic media. Muslim clerics
in the Valley are hesitant in taking up cases of remarriage of half widows or their claim to
inheritance. They find it very difficult to declare the missing men dead in the absence of substantial
proofs. Moreover, if a woman wants to take recourse to the law of the state then she can remarry
only after a period of seven years from the day her husband went missing. Now what about the
intervening period of seven years? Who is to be held accountable?
There is open and obvious discrimination in laws, policies or programmes which leave the widows
and half widows vulnerable to destitution. Several possible sources of relief such as widow pension,
issuance of ration card, transfer of husband’s property or bank accounts are also closed to half
widows. Shameema’s husband, Abdul Rashid worked as Special Police Officer (SPO) when he was
abducted. The half widow with five children desperately awaits: “Once seven years are over the
government will declare my husband dead, only then I will get relief and things will improve….it is
hard and agonizing to be declared a widow but financial matters will ease for me and that would give
some meaning to my life and that of my children.” 17 It is because these processes either require
death certificates, which the half widows do not have since their husbands are not officially
recognized as dead, or involve government verification procedures, which mostly result in the
inquiring officer noting the person is missing often with the suspicion that he is a subversive militant
who has crossed to the other side of border.
There are many stories which exhibit the callous attitude of the state towards these aggrieved
women. Tasleema’s tale of woes is unending. Her husband’s dead body was exhumed at Ganderbal
but her case for compensation was rejected: “by General Administration Department vide No.
GAD/Mtg III/44/2009 dated 19 June 2009 as the deceased was a surrendered militant.” 18 Tasleema’s
attempt to acquire for herself and her children a modicum of security in the face of complete failure
of her familial network was thwarted by the cruel attitude of the authorities.
The testimonio of Aashe brings forth the cold‐hearted attitude of the separatist leaders who
exploit the Kashmiri youth in the name of azadi (freedom) but when they die fighting for the cause,
they refuse to admit their sacrifices and/or monetarily help the family. Hundreds of men have lost
their lives at the behest of these leaders but they have been unable to recant the extremist politics of
armed struggle and move towards a beyond conflict strategy. Their unconcern to help the sufferers
of conflict has disillusioned the supporters of the struggle; squandered much of the popular goodwill
they enjoyed. These testimonios highlight the unfair attitude of separatist leaders and the stringent
policies of the state due to which these destitute half widows/widows of militants and their children
are left abandoned. This raises some very vital questions‐ How do these women survive? Already
segregated should they be left as they are or efforts made for their rehabilitation? Can there be
peace in the Valley when these women and children are being marginalized?
In these testimonios women talk about their loss, how their private domesticity was suddenly
shaken by the events taking place in public where they exercised little or no influence. In Kashmir,
the cultural space for women in the public sphere is limited. However, their roles as
mothers/wives/sisters were stretched beyond domesticity as turmoil pushed women in public sphere
collapsing the boundary between the public space of men and the private space of women. Women
assumed more public responsibilities in the absence of men. They entered into the public sphere of
negotiations of power with the security forces and the administration for the rescue and safety of
their families. Women expanded their roles as nurturers of their families to protectors of the
community. Mothers, sisters, and wives of the disappeared persons have organized under the
banner of the Association of Parents of Disappeared Persons (APDP) for bringing justice and peace in
society. This organization was started by ParveenaAhangar in 1994 in response to dramatic