WASHINGTON, DC: A young bride was gang raped by soldiers Near Badasgam on the way from her wedding to her new husband’s house on May 18, 1990. The bus carrying her wedding pany was stopped at a road block and soldiers reportedly opened fire without warning, killing one and injuring many more. They then entered the bus, ordered the bride and her aunt into a field and raped them. A Police inquiry was instigated, but no independent investigation has apparently taken place and no action has been taken to bring to justice those responsible.

One incident, which received widespread publicity, occurred in Kunan Poshpora, Kupwara Disit, on Feb.23/24, 1991.

Local residents claim that at least 23 women were raped at gun point in their homes by soldiers carrying out a cordon and search operation. The District, Magistrate and the District Commissioner concluded after visiting the village that the allegations required thorough investigation.

The personal testimony of women who alleged they were raped in Kunan Poshpora was recorded by Indian and international newspapers. Victims of the attack reportedly included a woman and her two daughters aged 13 and 18. She feared the consequences for her daughters lives; “What man will marry them now their lives have been ruined?” Another woman reportedly stated “I was conscious of two soldiers raping me, but I’m afraid I don’t know how many raped me after that.”

The Indian Government has published a report concluding that the allegation of mass rape in Kunan Poshpora could not be substantiated. Amnesty International does not believe that this is the case, as there is substantial evidence, for example in the report of the District Magistrate, 19 conclude that serious human rights Violations by the army, including the rape and ill treatment of women, took place in Kunan Poshpora on the night of Feb.23,24,1991.

During the course of counterinsurgency operations women especially appear to have been selected as targets of brutal treatment, and in their testimony they mention only occasionally any attempt by the security forces to extract information {rom them, Rather they appear to have been victimized simply because they live in an area where armed opposition groups are active, or as Punishment for perceived support of the separatist cause, or simply because they were Muslims.

Such abuses not only have traumatic mental, physical and emotional consequences but also have considerable social repercussions for the position and status of women in the community

Women from this traditional, predominantly Muslim society have organized protests and demonstrations against the human rights violations committed by the security forces. A women’s demonstration on June 9,190 in Batmaloo, Srinagar was surrounded by the security forces, the demonstrators were hit by the rifle butts and women reportedly complained that the security forces molested them as they walked through the streets. Many similar demonstrations have been reported. In March 1991 hundreds of women reportedly demonstrated in Srinagar and at least 34 women were injured when police fired teargas and used batons to disperse demonstrators.

Since early 1990 there has been an increasingly violent campaign by armed opposition groups for independence from India for the state of Jammu and Kashmir. Human Rights violations including extrajudicial executions, torture and mass arbitrary arrests have been attributed to the security forces. Official investigations into reported abuses are rarely ordered and Amnesty International knows of only two instances since early 1990 in which members of the security forces have been charged with human rights offences.

Under the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990 the security forces are given wide powers to shoot to kill to arrest and search without warrant and, most worrisome, they are granted immunity from prosecution for any action taken under the Act .

Amnesty International acknowledges that the security forces have particularly difficult task in maintaining law and order in the late and calls on all parties o the conflict in Kashmir to observe the basic rules of humanitarian law. Amnesty International condemns the killing and torture of prisoners, the deliberate and arbitrary killing of people taking no active part in the fighting, and hostage taking, by any agency, including armed opposition groups. However, until the Indian Government takes action to investigate human rights violations properly and bring their perpetrators justice grave abuses by the security forces will continue to occur.

Women in Jammu and Kashmir have been raped by soldiers and members of paramilitary forces with alarming frequency since early 1990 when the security forces were given increased powers in the state. The assaults show a definite pattern, Most take place during counter in assurgency operations when villages are sealed off by the security forces. Women HAVE then been beaten subjected to electric shocks molested raped and gang raped.

Article extracted from this publication >> February 28, 1992