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at kashmiri women have been sexually victimised by the indian army he fails to consider kashmiri society s torture and stigmatisation of the rape victims 72 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 73 prosecution in 1994 due to the international pressure some courts martial 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 74 75 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 65 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 76 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 77 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 78 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 79 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 80 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 81 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 82 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 83 the local judiciary in kashmir is unable to function normally because of the privileges granted to the security forces 84 85 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 75 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 82 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 86 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 87 88 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 89 64 on 14 april 1990 sarla bhat 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 90 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 91 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 92 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 93 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 94 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 94 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 95 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 95 indian security forces jamir qadeem 1990 on 26 june 1990 a twenty four year old woman from jamir qadeem was raped during a search of her neighbourhood by the bsf police in sopore registered a case against the bsf in july of that year 96 chhanpora 1990 on 7 march crpf raided several houses in the chhanpora locality of srinagar during the raids a number of women were raped the committee for initiative in kashmir which visited the valley between 12 and 16 march 1990 interviewed the victims rape victim noora 24 was forcefully dragged out of her kitchen by 20 men from the crpf and raped along with her sister in law zaina the rape victims also witnessed two minor girls being molested 97 barbar shah 1991 a mentally ill old woman was raped by security forces in srinagar 98 kunan poshpora 1991 on 23 february 1991 a unit of the indian army launched a search and interrogation operation in the twin villages of kunan poshpora in the valley s kupwara district soldiers repeatedly gang raped many women with estimates of the number of victims ranging from 23 to 100 pazipora ballipora 1991 on 20 august 1991 soldiers carried out mass rape in this hamlet which is only a few kilometres away from kunan poshpora the number of rape victims in this case varied between eight and fifteen or more 32 chak saidpora 1992 on 10 october 1992 an army unit of the 22nd grenadiers entered the village of chak saidapora several army soldiers gang raped between six and nine women including an 11 year old girl and a 60 year old woman 99 haran 1992 on 20 july 1992 women were raped during an army search operation one victim interviewed by asia watch and phr reported being gang raped by two soldiers in turns another victim in the same incident was raped by a sikh soldier while another stood guard 100 gurihakhar 1992 on 1 october 1992 after killing ten people in the hamlet of bakhikar bsf forces entered the nearby village of gurihakhar and raped women one woman interviewed by asia watch tried to hide her daughter s identity as a rape victim by describing herself as the rape victim to protect her daughter from public humiliation 101 bijbehara 1993 before the bijbehara massacre there was a large incident of molestation and gang rape in bijbehara which elders hushed up due to fear it would bring shame to the families of rape victims later in august army men raped a woman in gadhangipora on the outskirts of bijbehara town in retaliation for an attack by militants 102 hyhama 1994 on 17 june 1994 seven women were raped by troops of rashtriya rifles including two officers major ramesh and raj kumar in the village hyhama 73 sheikhpora incident 1994 a 60 year old woman was raped while men of her family were locked away 98 kangan 1994 a woman and her 12 year old daughter were raped by indian security forces at theno budapathary 98 wurwun 1995 on 30 december 1995 soldiers from the rashtriya rifles entered a house in wurwun village district pulwama and sexually assaulted and attempted to rape three women 31 narbal pingalgom 1997 a girl was raped in pulwama in november 1997 98 srinagar 1997 on 13 april 1997 indian troops stripped naked and gang raped twelve young kashmiri girls near srinagar 103 wavoosa 1997 on 22 april 1997 several indian armed forces personnel entered the house of a 32 year old woman in the village of wavoosa they molested her 12 year old daughter and raped three other daughters aged 14 16 and 18 another woman was beaten for preventing the rape of her daughters by soldiers 104 doda 1998 a fifty year old resident of the village ludna in doda district told human rights watch that on 5 october 1998 the eighth rashtriya rifles came to her house took her and beat her she was then raped by a captain who was a hindu and said to her you are muslims and you will all be treated like this 105 bihota 2000 on 29 october 2000 there was a cordon and search operation in bihota by the 15 bihar regiment during which one woman was picked up and taken away to a camp the following day twenty women went along with a few men to get the woman released however the women were detained for four to five hours and sexually assaulted 96 zero bridge 2004 four security personnel raped a 21 year old woman in a guest house on 28 october 98 handwara incident 2004 a mother and her daughter were raped in baderpayeen handwara on 6 november 98 according to khurram parvez programme coordinator of the jammu and kashmir coalition of civil society officers implied that this should not be an issue since the alleged rapist was a muslim major rahman hussain he was later convicted for transgression into civilian property instead of rape 86 see also human rights abuses in jammu and kashmir references amritjit singh nalini iyer rahul k gairola 15 june 2016 revisiting india s partition new essays on memory culture and politics lexington books pp 149 isbn 978 1 4985 3105 4 jalal ayesha 4 january 2002 self and sovereignty individual and community in south asian islam since 1850 routledge pp 558 isbn 978 1 134 59937 0 1 2 snedden christopher 15 september 2015 understanding kashmir and kashmiris oxford university press isbn 978 1 84904 621 3 chinkin christine rape and sexual abuse of women in international law european journal of international law 5 3 1994 327 women in kashmir who have suffered rape and death under the administration of the indian army skjelsbæk inger 2001 sexual violence in times of war a new challenge for peace operations international peacekeeping 8 2 69 84 doi 10 1080 13533310108413896 issn 1353 3312 sharon frederick 2001 rape weapon of terror world scientific pp 101 isbn 978 981 4350 95 2 archived from the original on 20 april 2017 retrieved 19 april 2017 rape in kashmir a crime of war archived 4 september 2012 at the wayback machine pdf asia watch physicians for human rights a division of human rights watch 5 9 6 kazi seema gender and militarization in kashmir oxford islamic studies online oxford university press sordid and gruesome as the militant record of violence against kashmiri women and civilians is it does not compare with the scale and depth of abuse by indian state forces for which justice has yet to be done 1 2 kazi seema rape impunity and justice in kashmir archived 1 march 2017 at the wayback machine socio legal rev 10 2014 22 23 ved bhasin 17 november 2015 jammu 1947 kashmir life archived from the original on 22 february 2017 retrieved 9 may 2017 khalid bashir ahmad 5 november 2014 circa 1947 a long story kashmir life archived from the original on 7 april 2017 retrieved 9 may 2017 ramachandra guha 2017 india after gandhi the history of the world s largest democracy pan macmillan kashmir the case for freedom archived 24 april 2017 at the wayback machine p vii verso books by arundhati roy pankaj mishra hilal bhatt angana p chatterji tariq ali snedden christopher 15 september 2015 understanding kashmir and kashmiris oxford university press p 167 isbn 978 1 84904 621 3 puri luv 21 february 2012 across the line of control inside azad kashmir columbia university press p 28 isbn 978 0 231 80084 6 madhok balraj 1 january 1972 a story of bungling in kashmir young asia publications p 67 archived from the original on 10 august 2018 retrieved 10 september 2017 knuth rebecca 2006 burning books and leveling libraries extremist violence and cultural destruction greenwood publishing group pp 77 79 isbn 978 0 275 99007 7 archived from the original on 12 october 2013 retrieved 15 march 2012 angana p chatterji shashi buluswar mallika kaur 4 november 2016 conflicted democracies and gendered violence internal conflict and social upheaval i...
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