NEW YORK: Indian security forces involved in counter insurgency operations in Kashmir have committed rape with impunity, at cording to a report released May 9 by two human rights Organizations: Asia Watch, a di Vision of the New York based Human Rights Watch, and the Boston based Physicians for Hu tan Rights (PHR). The 18page report, Rape in Kashmir: A Crime of War is the result of a fact finding mission in October 1992 to Kashmir by Asia Watch and PHR. It focuses on rape as a tactic of war in Kashmir, and argues that in conflict as well as non-conflict situations, the central element of Tape is power. Indian security forces and militant forces in Kashmir use rape as a weapon to punish, intimidate, coerce, humiliate and degrade their female victims. Asia Watch and PHR call for international condemnation of this crime as a violation of inter National human rights and humanitarian law.
Since the government crackdown against militants in Kashmir began in carnets in January 1990, reports of rape by security personnel have become more frequent. Rape most often occurs during such operations, during which the security forces frequently engage in collective punishment against the civilian population, most frequently by beating or otherwise assaulting residents, and burning their homes, Rape has also occurred frequently during reprisal attacks on civilians following militant ambushes. In some cases, the victims have been accused of providing food or shelter to militants or have been ordered to identify their male relatives as militants. In other cases, the motivation for the abuse is not explicit. In many attacks, the selection of victims is seemingly arbitrary and the women, like other civilians assaulted or killed, are targeted simply because they happen to be in the wrong place at the wrong time. The report documents 15 cases of rape by Indian security forces. The investigators interviewed the victims, a gynecologist who examined nine of the women, and obtained medical evidence in the cases documented in the report.
Indian government authorities have rarely investigated charges of rape by security forces in Kashmir, although there is no evidence that this form of torture is sanctioned as a matter of government policy in Kashmir, by failing to prosecute and punish those responsible, the Indian authorities have signaled that the practice of rape is tolerated, if not condoned. Indeed, in responding to reports by the press and human rights groups about incidents of rape. Government officials unfailingly attempt to dismiss the tesu mony of the women by accusing them of being militant sympathizers. In one case described in the report, a physician who assisted rape victims and arranged for them to be examined was detained and tortured by the security forces,
Reports of rape by militant groups in Kashmir have increased in since: 1991, and the report includes information about these abuses. In some cases, women have been raped and then killed after being abducted by rival militant groups and held as hostages for their make relatives. In other cases the victims of their families are accused of being informers or of being op posed to the militants or supporters of rival militant groups, Asia Watch and PHR are also unaware of any efforts by the militant groups to prevent their forces from com milting rape. In fact, some groups have continued 10 encourage violent attacks on women who do not confirm to prescribe social behavior. In doing so, these groups help to create a climate of fear for women,
The reports included recommendations to the government of India, including prosecutions of security forces responsible for rape, training on adequate evidence gathering for rape prosecutions, and protections for medical workers involved in examining and treating rape victims. The report also calls on the international community to condemn rape as a crime of war and bring pressure on all parties, including militant groups, to end this abuse. This report is the second of a series which Asia Watch and PHR: are publishing on human rights in Kashmir.
Article extracted from this publication >> May 14, 1993
