Altaf Hussain Wani*
The latest report, presented to the UN General Assembly by Dr Alice Jill Edwards the UN Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, highlights the pressing need for international efforts to address the issue of sexual abuse, being used as an instrument of terror and torture predominantly by government forces in conflict-hit territories.
The report puts a spotlight on the systematic use of sexual violence as a strategy in war and underscores its profound impacts on both individuals and communities. It also calls for decisive global action and proactive measures for the elimination of violence against women to ensure that those responsible are held accountable.
Although women in today’s world face a wide range of challenges, such as gender inequality, forced marriages, and gender-based violence and discrimination. However, those living in regions marred by conflict have suffered the most from acts of violence.
Women in J&K
Jammu and Kashmir is among the world’s most dangerous regions where women have suffered disproportionately. The effects of this long-drawn conflict are felt hardest by the Kashmiri women who are more vulnerable to conflict than other segments of society.
It has severely affected their physical, mental, and emotional well-being. Among the multiple forms of abuse they face, sexual violence stands out as an egregious assault that has left behind a harrowing legacy in the shape of rape survivors.
The weaponisation of sexual violence in Kashmir is an egregious reality that has largely escaped the attention of local and international observers. According to a survey, 36% of women in the troubled region suffer from anxiety disorders. Since 1989, tens of thousands of Kashmiri women have been widowed or displaced, harassed, raped, and subjected to cruel treatment during interrogations and military operations.
Sexual violence, which uniformed men often use as collective punishment against the Indigenous population, goes largely unreported due to social stigmatisation.
Silence over Sexual Violence
Despite the gravity of these violations, there has been a significant lack of accountability. Victims often face barriers to justice, including societal stigma, fear of retribution, and inadequate legal frameworks.
The UN Special Rapporteur’s call for global action resonates strongly in this context, as it emphasizes the need for international mechanisms to address and prevent sexual torture and to hold perpetrators accountable.
The “heinous crime” of sexual violence in conflict is not only a gross violation of human rights but also a formidable obstacle to peace, security, and development.
The UN Deputy Secretary-General Amina Mohammed said, “It has never been more urgent to end the scourge. We must identify innovative and creative strategies, not only to respond to conflict-related sexual violence, but to prevent it, and finally, consign such violations to the annals of history once and for all.”
In the context of Jammu and Kashmir, the issue of sexual violence holds a profound significance.
The region has witnessed numerous instances where rape and sexual harassment have been employed as tools of oppression and control. Countless cases of mass and gang rape have been reported during the past three decades, while the number of unreported cases is even higher.
Kunan-Poshpora and Other Cases
The heartrending incidents of violence such as the mass rape that occurred in Kunan-Poshpora in 1991, the double murder and rape in Shopian, and the gang-rape of girl-child Asifa Bano, are some of the most terrifying instances of the horrors that women in Jammu & Kashmir endured.
In Kunan-Poshpora, scores of women of all ages were allegedly raped by 4th Rajputana Refiles, and 33 of them testified before the judicial magistrate and divisional commissioner.
On April 7, 1991, the New York Times reported the Kunan-Poshpora rape incident under the headline, “India Moves against Kashmir Rebels.” According to the report, on March 5, 1991, villagers complained about the incident to the then-Kupwara District Magistrate, S M Yasin, who visited the village two days later to investigate.
“According to a report filed by Yasin,” the article reads, “the armed forces behaved like violent beasts.” He identified them as members of the 4th Rajputana Rifles and said they rampaged through the village from 11:00 PM on February 23 until 9:00 AM the next morning.
The Indian authorities have dismissed the mass-rape charges as “groundless.” No further investigations have been conducted. The Kunan-Poshpora rape case has been buried like thousands of other cases of rights abuse by men in uniform in Kashmir.
However, in its 1992 report on international human rights, the United States Department of State rejected the Indian government’s conclusion, saying there was “credible evidence to support charges that an elite army unit engaged in mass-rape… in Kunan-Poshpora”.
Similarly, in 2009, the bodies of sisters-in-law, Neelofar Jan and Asiya Jan, were found in a shallow rivulet after an overnight search by their family and local villagers in Shopian. Evidence in the brutal sexual assault and murders was so badly tampered with that it allowed the Central Bureau of Investigation to conclude that there was no evidence of rape or murder, even though several previous investigations, including a government-appointed commission, had raised pertinent questions about evidence tampering by the security forces.
The incident led to 47-day protests in the Shopian district. Nevertheless, the police did not register an FIR until June 7, when public pressure compelled them to comply with court orders.
The more recent case of the rape and murder of 8-year-old girl Asifa Bano in 2018, in which two civilians and four cops were convicted, illustrates the ongoing use of sexual violence as a weapon against the local population. These incidents not only reflect a pattern of gender-based violence but also highlight the broader context of human rights violations in the region.
Documentation of Sexual Abuse
In 2018, the Jammu Kashmir Coalition of Civil Society published a report that presents a harrowing examination of the systematic use of torture as a tool of state control in the region. This comprehensive document sheds light on the human rights violations perpetrated by state authorities and records the testimonies of victims who have suffered under oppressive practices.
The report is meticulously structured, beginning with a clear introduction that sets the context of the ongoing conflict in Jammu and Kashmir. It effectively outlines the historical backdrop, the legal framework, and the political dynamics that have contributed to the normalisation of torture within the region.
The authors have used a mix of qualitative and quantitative data collection methods, including survivor testimonies, medical reports, and legal analyses, to add credibility and depth to their findings.
One of the report’s strengths is its emphasis on personal narratives. By including firsthand accounts from victims of torture, the document humanizes the statistics and legal jargon often associated with human rights reports. These deeply moving accounts offer a comprehensive understanding of the emotional, psychological, and physical suffering experienced by individuals and communities.
The report also highlights the broader implications of such practices on societal trust, mental health, and the rule of law.
The in-depth analysis of the involvement of the police, military, and judiciary in enabling torture raises critical questions about accountability and the need for systemic reform. Furthermore, the report calls attention to the lack of effective accountability mechanisms for redress and the culture of impunity in the region.
Strengthening Legal Justice System
The situation in Jammu and Kashmir highlights the larger issues faced by the womenfolk in areas of conflict, where sexual violence is strategically employed to instill fear, assert control, and undermine communities.
It is crucial that the international community urgently pays attention and takes action to make sure that such terrible acts, which shook the Kashmiri society to its core, are not just acknowledged, but also addressed through comprehensive legal justice and social systems that help victims and hold perpetrators accountable.
*The Author is the Chairman of Islamabad-based Think Tank Kashmir Institute of International Relations and can be reached at saleeemwani@hotmail.com and Tweets on X @sultan1913
—–
Have you liked the news article?