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A Death Certificate 29 Years Later: What Kashmir's First Such Ruling Means

Elena MarquezPublished 3w ago6 min readBased on 2 sources
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A Death Certificate 29 Years Later: What Kashmir's First Such Ruling Means

A judge in Indian-administered Kashmir declared Abdul Rashid Wani dead in an April ruling, nearly 29 years after the timber trader from Srinagar disappeared from military custody in July 1997. The court ordered that a death certificate be issued for Wani. It is the first such judgment among thousands of court petitions filed on behalf of disappeared persons in the region (Al Jazeera).

The judgment cited a police investigation that identified an army major as the officer who took Wani into custody. The court stated that the accused major "had murdered Abdul Rashid Wani in his custody and had disposed of his corpse." The ruling records the date of death as the same day Wani vanished in July 1997 but gives no information on the location of his remains (Al Jazeera).

Wani's family testified during the proceedings. His wife, the mother of his sons Junaid and Arsalan, told the court she does not remember the color or license plate number of the vehicle used when her husband was taken. Both Junaid Rashid Wani and Arsalan Rashid Wani also testified regarding their father's enforced disappearance (Kashmir Times).

Junaid Rashid was five years old when his father vanished. He was 34 at the time a report on the ruling was published in July 2026 (Al Jazeera).

The Association of Parents of Disappeared Persons (APDP), a Kashmiri advocacy group, estimates there could be as many as 8,000 disappeared people in the region. In 2009, the APDP documented what it described as 2,700 unmarked graves in remote mountain zones along the de facto border between India and Pakistan — the Line of Control that divides the territory between the two countries (Al Jazeera).

The broader context here is the legal and institutional friction surrounding enforced disappearances in Kashmir, a territory governed under extraordinary security laws that give wide powers to the military. Civil court findings in the region frequently run up against what human rights groups describe as structures of military impunity — meaning that soldiers accused of crimes are rarely prosecuted in civilian courts. A judicial declaration of death formally resolves the legal status of a missing person, but it does not amount to criminal accountability. The police investigation named a specific army major, and the court recorded a finding of murder and corpse disposal, yet the judgment's scope was limited to issuing a death certificate. Whether this naming of a perpetrator in a formal court ruling creates momentum for prosecution within India's military justice system, or remains a documented accusation without a trial, is the operative question for legal observers tracking accountability in the region.

For the thousands of other families who have filed petitions, the Wani ruling establishes a procedural reference point — a template other courts may follow. The APDP's estimate of 8,000 disappeared persons and its documentation of 2,700 unmarked graves point to the scale of the legal backlog. Each petition faces the challenge of proving custody and disappearance across decades, often relying on witness testimony from relatives who, like Wani's wife, may lack forensic details such as vehicle identifiers. The Wani case cleared that evidentiary bar through a police investigation that identified a specific perpetrator, a factor that may distinguish it from other pending petitions lacking comparable investigative findings.

The issuance of a death certificate carries practical consequences for families, enabling access to property inheritance, pension benefits, and remarriage rights under personal law. For 29 years, the Wani family existed in a legal limbo where Abdul Rashid Wani was neither confirmed alive nor legally deceased. The ruling ends that ambiguity for one family while leaving the wider architecture of impunity and the fate of thousands of missing persons unresolved.