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Rape During The Kashmir Conflict - Wikipedia
Rape During The Kashmir Conflict - Wikipedia
Rape During The Kashmir Conflict - Wikipedia
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a militant leader. Local people sometimes refer to these abductions and rapes as "forced marriages".[19] · ·
In 1992, a case of rape and murder by militants attracted publicity, partly because the incident provoked
Part of a series on
street protests condemning the militants for the crimes.[20]
Violence against women
According to the 1993 Human Rights Watch report, rape by militants is less common but has increased in Killing
frequency over the years.[21] A 2010 US state department report blamed separatist insurgents in Kashmir Bride burning · Dowry death · Honor killing ·
Femicide · Infanticide · Matricide ·
and other parts of the country of committing several serious abuses, including the killing of security
Pregnant women · Sati · Sororicide · Uxoricide
personnel as well as civilians, and of engaging in widespread torture, rape, beheadings, kidnapping, and
Sexual assault and rape
extortion.[22]
Child sexual initiation · Forced prostitution
(Sexual slavery · Fetish slaves ·
Some incidents of rape by militants appear to have been motivated by the fact that the victims or their
Human trafficking ·
families are accused of being informers or of being opposed to the militants or supporters of rival militant Violence against prostitutes) · Rape
groups.[19] (and pregnancy · laws) · Sexual assault
(Campus sexual assault · Cybersex trafficking
According to the Human Rights Watch, the rape victims of militants suffer ostracism and there is a "code of · Mass sexual assault) · Sexual violence ·
Types of rape (by deception · corrective · date
silence and fear" that prevents people from reporting such abuse. It says that the investigation of cases of
· gang · genocidal · in war · marital · prison ·
rape by militants is difficult because many Kashmiris are reluctant to discuss it for the fear of violent statutory) · Virgin cleansing myth ·
reprisals.[23] The increase in number of rape cases has resulted in an increased number of abortions, Widow cleansing
leading in one case to murder of a doctor. The doctor was accused of being an informer by the Islamic Disfigurement
militant groups Hizbul Mujahideen and Al Jehad.[23] Acid attack · Breast ironing ·
Female genital mutilation (Gishiri cutting ·
Infibulation) · Foot binding
Rape by Indian forces (post-1988) Other issues
Narcissistic abuse · Gaslighting · Dating abuse
Background · Domestic violence (outline · management ·
In the aftermath of the allegedly rigged 1987 elections in the state of Jammu and Kashmir, where Islamic and pregnancy) · Droit du seigneur ·
Eve teasing · Forced abortion · Force-feeding ·
parties were prevented from winning several seats in the State Assembly,[24] a popular anti-Indian
Forced marriage · Forced pregnancy ·
separatist movement and militancy gained momentum in the Kashmir Valley, a territory disputed between Forced sterilisation · Marriage by abduction ·
India and Pakistan since 1947. To counter the insurgency, India militarised the Valley, deploying a huge Marry-your-rapist law · Raptio · Witch trials
number of troops in the region. The critics of the Indian military presence in the valley contend that 600,000 International legal framework
troops are present in the state, according to which the region possesses the highest ratio of troops to DEDAW · CEDAW · VDPA · DEVAW ·
Belém do Pará · Maputo · Istanbul
civilians in the world.[25][26] Since January 1990, Indian forces committed a number of human rights
violations against civilians, including mass rape.[27] Related topics
Prosecution of gender-targeted crimes ·
Women's shelter · 25 November · 6 February ·
Rape as a weapon of war By country · Victimology ·
Violence against men ·
According to a 1993 Human Rights Watch (HRW) report, the security forces use rape as a method of Violence against LGBT people
retaliation against Kashmiri civilians during reprisal attacks after militant ambushes.[28][29][30] Most rape · ·
cases, according to the same report, have occurred during cordon-and-search operations.[29] According to
a 1996 HRW report, security personnel in Kashmir have used "rape as a counterinsurgency tactic".[31]
Human rights abuses
Scholar Inger Skhjelsbaek states that the pattern of rape in Kashmir is that when soldiers enter civilian
in Jammu and Kashmir
residences, they kill or evict the men before raping the women inside.[28] Scholar Shubh Mathur calls rape
Notes
an "essential element of the Indian military strategy in Kashmir."[32]
International People's Tribunal
on Human Rights and Justice in Kashmir ·
According to Seema Kazi, there is no difference between the motivations behind rape in Kashmir with
Jammu & Kashmir Human Rights Commission
those which caused rapes to be committed in Rwanda and the Balkans. Kazi opines that rape in Kashmir is · Papa II
a "cultural weapon of war" and that the rape of Kashmiri women by Indian security forces, in the 1990
background of a mainly Hindu country repressing a Muslim populace, functions as a tool of "subordinating" Exodus of Kashmiri Hindus ·
Kashmiri males and the wider Kashmiri community.[33][34] She also states that rape is used to demoralize 1990 Gawkadal massacre ·
1990 Zakoora and Tengpora massacre
the Kashmiri resistance and that there have been documented cases of soldiers confessing that they were
1991
commanded to rape Kashmiri women.[35][36]
1991 Kunan Poshpora incident
At the 52nd United Nations Commission on Human Rights, Professor William Baker gave testimony that 1993
rape in Kashmir was not merely a case of isolated incidents involving undisciplined soldiers, rather the 1993 Lal Chowk fire ·
1993 Bijbehara massacre ·
security forces were actively deploying rape on the Kashmiri populace as a method of humiliation and
1993 Kishtwar massacre ·
frightening.[37] He cited as evidence his interviews with several victims whose family members, including 1993 Sopore massacre
husbands and children, were made to witness their rapes.[38] An Amnesty International report in 1992 1995
stated that rape is conducted during counter-offensives against militants as part of a bid to methodically 1995 kidnapping of Western tourists in Kashmir
shame local Kashmiri communities.[39] Dr Maiti, a professor of political science at Burdwan University, has 1996
condemned the oppressive Indian use of rape, noting that most of the Kashmiri rape victims have been Murder of Jalil Andrabi
civilians.[40] 1997
1997 Sangrampora massacre
During some interviews of soldiers on why they raped local Kashmiri women, some responded that 1998
Kashmiri women were beautiful. Others said it was a non-family station. In one case, a soldier replied that 1998 Wandhama massacre ·
he raped a Kashmiri woman out of revenge because "their men did exactly the same to the women of his 1998 Chapnari massacre ·
1998 Prankote massacre
community''.[41][42]
2000
2000 Chittisinghpura massacre
Extent
2001
A study in 2005 by Médecins Sans Frontières concluded that the rate of sexual violence against Kashmiri 2001 Kishtwar massacre ·
2001 Chalwalkote massacre
women was one of the highest among the world's conflict zones, with 11.6% of respondents, out of a total
2002
510 people in their survey, reporting personal experience of sexual abuse.[43][44][45][46] The study also
2002 Kaluchak massacre ·
found that in comparison to many other regions experiencing conflict, such as Chechnya, Sierra Leone and
2002 Qasim Nagar massacre ·
Sri Lanka, the number of witnesses to rape in Kashmir was far greater. 13% of respondents in the study 2002 Raghunath temple attacks
stated that they had witnessed a rape after 1989,[47] while the proportion of those who had heard about a 2003
rape since 1989 figured at 63%. The proportion of respondents who had heard about more than five rape 2003 Nadimarg Massacre
incidents stood at 59.9% . The proportion of those who had personally been witness to even more than five 2004
incidents of rape was 5.1%.[9][48] According to Kazi, international awareness is low about the large extent 2004 Teli Katha massacre
of sexual violence in Kashmir.[49] Scholar Dara Kay Cohen from Harvard University lists the conflict in 2006
Kashmir, alongside Bosnia and Rwanda, as among the "worst" of the "so-called mass rape wars".[50] 2006 Doda massacre
2009
According to Human Rights Watch:[46][51] 2009 Shopian rape and murder case
2018
There are no reliable statistics on the number of rapes committed by security forces in Kashmir. 2018 Sunjuwan attack
Human rights groups have documented many cases since 1990, but because many of the 2019
incidents have occurred in remote villages, it is impossible to confirm any precise number. There 2019 Pulwama attack
can be no doubt that the use of rape is common and routinely goes unpunished. 2022
2022 Srinagar bombing
It was reported that Indian forces committed gang-rape of 882 Kashmiri women in 1992 alone.[52] The · ·
Humanitarian Law Project/International Educational Development documented more than 200 cases of war
rape from January 1994.[53]
Many cases are not reported because of the shame and stigma associated with rape in Kashmir.[54] Human rights groups state that 150 top officers, of
the rank of major or above, have participated in torture as well as sexual violence and that the Indian government was covering up such acts.[55][56] In
2016, Kashmiri human rights activist and lawyer Parvez Imroz has said that a vast majority of cases of sexual harassment by Indian forces in Kashmir go
unreported.[57]
Rape by security forces has notably occurred in areas of militant presence or activity.[58] It has also happened to women from the Gujjar community, who
live on the periphery of Kashmiri society. According to journalist Freny Manecksha, who tried to document conflict-related rapes in Kashmir in 2012–
2013, their remote location has left them more susceptible to sexual violence.[59]
Aftermath
Drastic physical and emotional consequences are experienced by the victims. Because society believes their honour is lost, the male relations of the
rape victim also experience "collective shaming". The conservative nature of Kashmiri society means that males are reputed by their communities as
having failed in protecting the purity of their women if they have been sexually assaulted. According to Molen and Bal, "the authorities have deliberately
inflicted collective dishonor—and in fact defeat—through appropriating Kashmiri men’s control of women’s 'izzat'."[60]
According to Hafsa Kanjwal in SAGAR research journal of University of Texas Austin, that since Kashmiri society wrongly heaps the blame of rape upon
the victims, they continue to experience psychological problems and they accept the idea that they have been shamed and lost their purity. This feeling
often leads to not just depression but also to breakdown in marriages, breakup of families and in some cases, suicide.[61] In one example a 16-year-old
teenager, Hameeda, was deemed to be a "spoiled good" and spurned by her family after an Indian Army officer raped her in 2004. Her marriage also
broke down while she sought compensation and due to communal shaming she developed depression.[60]
Molen and Bal observe that there is a societal trend to refrain seeking matrimonial matches in areas where incidents of rape are publicly known.[60] In the
villages of Kunan and Poshpora, there were cases of men spurning their wives after they had been raped by Indian soldiers. Other husbands, upon
encouragement from militants, did take back their wives but would abuse them. One rape victim recounted that her husband considered her "defiled" by
another male and still blamed her. In some cases, the relationships of the rape victims with their sons also deteriorated. Girls who have not been raped,
but are related to rape victims, are also stigmatized by society. Rape victims have also reported experiencing taunts from boys. Pregnant rape victims
often either miscarried or gave birth to children possessing disabilities.[62]
Journalists Eric Margolis and Isaac Zolton have reported that some women who were raped by Indian soldiers subsequently fled from Indian
administered Kashmir to Azad Kashmir.[63][64] Studies have revealed that there has been an increase in the Kashmiri nationalist resistance because of
the sexual violence and other atrocities, mainly from the Indian forces, that Kashmiri women have faced.[65]
Reactions
Human Rights Watch stated in its 1993 report that those Indian authorities who were shown evidence of rape resorted to denial. The report says that the
authorities do not order a full inquiry or prosecute the perpetrators but instead seek to discredit the integrity and testimonies of the witnesses and doctors
who provide the evidence.[20] Commissioner in charge of magistrates for Kashmir, Wajahat Habibullah, chose to resign after India denied the charges in
1991.[66]
In 1993, Lt. General D. S. R. Sahni, General Officer Commanding in Chief of the Northern Command, when asked about the charges of rape by the
security forces in Kashmir, has alleged that the militants "trump up" charges of rape against the forces. He said, "A soldier conducting an operation at the
dead of night is unlikely to think of rape when he is not even certain if he will return alive."[20]
According to Kazi, the Indian media has ''displayed unseemly haste in exonerating security forces'' from rape allegations.[67] In 2016, JNU student union
president Kanhaiya Kumar became the centre of controversy after speaking out on the rape of women in Kashmir by Indian security forces. The BJP
youth wing filed a complaint against him, calling him "anti-national".[68]
According to the report of Human Rights Watch, the common use of rape by Indian security forces in the conflict drew little international condemnation,
despite reports in the international press and by Indian human rights groups.[69] According to scholar Amit Ranjan, the Indian state has always sided with
the perpetrators and not the rape victims[70] and Indian society is generally not disturbed by rapes in Kashmir due to Kashmiri Muslims being considered
the 'other'.[71] At the same time, Ranjan says that the Kashmir Valley's disputed status between India and Pakistan has given it an advantage in that it
can receive some global attention.[37] Former Pakistani Prime Minister, Benazir Bhutto, in her address to the Fourth World Conference on Women at
Beijing in 1995, called the use of rape as a weapon of war in Jammu and Kashmir ''reprehensible'' and ''depraved''.[72]
Feminist commentators are critical of the way Kashmiri men have addressed the issue of rape. According to Kazi, the reaction of Kashmiri men to the
rape of their women is one of feeling powerlessness and confoundment. But Kazi also complains that while Yasin Malik of the Jammu and Kashmir
Liberation Front recognises that Kashmiri women have been sexually victimised by the Indian Army, he fails to consider Kashmiri society's "torture" and
stigmatisation of the rape victims.[73]
According to journalist Syed Junaid Hashmi, both separatists and mainstream political parties in Kashmir have ignored the rape victims. Hashmi says
that the state governments order inquiries which turn out inconclusive while the perpetrators receive rewards for their anti-militancy efforts. The separatist
leadership's response to the victims is that 'they have lost their honour for a greater cause'. Separatist leader Shahidul Islam commented, "I know by
merely giving statements, honour lost by our daughters, sisters and mothers cannot be restored. They expected a lot more from the separatist leadership
than what it has been doing, unfortunately we failed in pursuing the cause of our women vigorously."[74]
Prosecution
In 1994, due to the international pressure, some court-martials of soldiers accused of rape were made public by the Indian government. In one such
case, two soldiers were sentenced to twelve year imprisonment, on 29 July 1994, for raping a village girl in Kashmir. However, the authorities refused to
prosecute perpetrators of many documented rape cases.[75][76] According to Kazi, of all the human rights violations in Kashmir, the least investigations
and prosecutions are in the rape cases.[38] In the case of the February 1991 mass rapes in Kunan Poshpora, The New York Times reported that the
"Indian Government issued a statement saying that the sexual assaults never took place."[66]
Human Rights Watch also highlighted the fact in its 1993 report that despite the evidence of widespread sexual violence perpetrated by the Indian army
and paramilitary forces, few of the incidents were ever investigated by the authorities and no prosecution of alleged rapists ever occurred.[77] According
to the 1996 HRW report, in many cases these incidents "are never investigated by judicial and medical authorities".[31]
According to Kazi, this indicates tolerance, if not official consent, of the State to such crimes.[35] According to Mathur, the Indian government provides
legal immunity to its personnel who are accused of rape.[78] Skhjelsbaek states that the denial of rape by Indian authorities is systematic and the lack of
prosecution allows acts of sexual violence to be perpetrated with impunity in Kashmir.[79] Scholars Christine De Matos and Rowena Ward have observed
that the official cover-ups follow a pattern of labeling the victims as 'militant sympathisers', questioning the honesty of their claims and persecuting human
rights activists and medical personnel who try to assist the rape victims.[36]
According to scholars Om Prakash Dwivedi and V. G. Julie Rajan, the Armed Forces Special Powers Act (AFSPA) has enabled the Indian military and
security personnel to commit war crimes with impunity.[80] The Indian military was given special powers under AFSPA in Kashmir in July 1990. Human
rights groups criticize this law, stating it gives immunity to armed forces personnel who have committed crimes.[81] The Army sources maintain that "any
move to revoke AFSPA in Jammu and Kashmir would be detrimental to the security of the Valley and would provide a boost to the terrorists."[82]
As per AFSPA, Kashmiris who need to go to a civilian court to press charges against any security force personnel for human rights violations are required
to first seek the permission of the Indian government.[83] According to Kazi, such permission is 'never forthcoming'. The AFSPA legislation has been
described as "hated" and "draconian'' by members of Kashmir's State Human Rights Commission.[84] The local judiciary in Kashmir is unable to function
normally because of the privileges granted to the security forces.[85][86]
According to Human Rights Watch, the military courts in India, in general, were proved to be incompetent to deal with cases of serious human rights
abuses and were responsible in covering up evidence and protecting the involved officers.[76] Amnesty International in its report in 2015, titled “Denied”-
Failures in Accountability in Jammu and Kashmir, says, "...with respect to investigations, an inquiry that is conducted by the same authority accused of
the crime raises serious questions about the independence and impartiality of those proceedings”, adding that according to the international law, an
independent authority that is not involved in the alleged violations has to investigate such crimes.[83]
Khurram Parvez remarks that women fear reprisals from the Army to file the cases of rape. He says, "this is because there are cases in which when rape
was reported, members of their families were attacked or prosecuted." He also states that it would be technically very difficult to prove rape, since the
incidents happen in the areas which are completely under the Army's control.[87]
Dwivedi and Rajan point out that India's status of being allied with the US and other permanent members of the United Nations Security Council has
provided it impunity to carry out crimes against humanity, such as mass rape, in Kashmir. This impunity is also because India does not hold membership
in the International Criminal Court (ICC). India refuses to join the ICC by contending that its own judicial system is competent enough to address war
crimes. However, law expert Usha Ramanathan labels this argument misleading.[27]
In 2013, 50 women filed a public interest litigation (PIL) in the Jammu and Kashmir High Court in order to reopen investigations of the alleged mass
rapes of February 1991 in Kunan Poshpora.[88][89]
Reported cases
Militants
In March 1990, the wife of a BSF inspector was kidnapped, tortured and gang-raped for many days. Then her body with broken limbs was abandoned
on a road.[90]: 64
On 14 April 1990, a Kashmiri Pandit nurse from the Soura Medical College Hospital in Srinagar was gang-raped and then beaten to death. Jammu
Kashmir Liberation Front (JKLF) took responsibility for the crime, accusing the woman of informing the police about the presence of militants in the
hospital.[23][91]
On 6 June 1990, Girja Tikoo, a Kashmiri Pandit lab assistant at the Government Girls High School Trehgam, was kidnapped and gang raped for
many days. Then she was sliced at a sawmill.[92]
Another women was abducted with her husband in Sopore. She was gang-raped for a number of days before they both were killed in November
1990.[93]
On 5 May 1990, a Muslim teenage girl was tortured for two days, gang raped and shot dead by Farooq Ahmed Dar of the JKLF.[94]
On 13 August 1990, Babli Raina, a Kashmiri Pandit teacher in the Education Department, was gang raped in her house in the presence of her family
and then killed.[95]
On 30 March 1992, armed militants demanded food and shelter from the family of the retired Hindu truck driver Sohan Lal Baroo in Nai Sadak,
Kralkhud. The family complied, but the militants raped his daughter who died as a result of the assault. When he and his wife tried to stop them, he
was shot dead. His elderly wife was also raped and shot; she died in the hospital soon after.[95][23]
Journalist Prakriiti Gupta writes that there have been many cases of militants raping the young girls by forcing them into temporary marriages (mutah
in Islamic law) – these ceremonies are called "command marriages".[96]
In 2005, a 14-year-old Gujjar girl was abducted from Lurkoti village by the Lashkar-e-Taiba militants, and forced to marry one of them. She was gang-
raped by her "husband" and his militant friends.[96]
See also
Human rights abuses in Jammu and Kashmir
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Further reading
Kazi, Seema. In Kashmir: gender, militarization, and the modern nation-state. South End Press, 2010.
Shekhawat, Seema. Gender, Conflict and Peace in Kashmir. Cambridge University Press, 2014.
Shekhawat, Seema, ed. Female Combatants in Conflict and Peace: Challenging Gender in Violence and Post-Conflict Reintegration. Springer, 2015.
Categories: Rape in India Rape in Pakistan Kashmir Human rights abuses in Jammu and Kashmir Human rights abuses in India
Human rights abuses in Pakistan Indian war crimes Controversies in India Kashmir conflict Wartime sexual violence
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