ABSTRACT
The case took place in the Kashmir valley that are Kunan and Poshspora. The incident was of 23rd February 1991 that witnesses a mass rape of more than forty women of the same village by Military personal. Basically, the incident starts during the anti- insurgency that was carried out for the militants that are suspected to hide in the village. For the purpose of interrogation, they took their men out and raped the women. The case is still pending in the court. The compensation to all the 40+ victims has been asked by Supreme Court to the State Human Right Commission on 2011 but till now nothing has been done. The victims, activists and various organizations are still in the hope to get the justice but when? That is unknown to everyone.
INTRODUCTION
Kashmir, the valley of eternal beauty and serenity. The place where lakhs of peoples are nurturing their future in the shadow of conflict and misguidance. Though Kashmir is famous for its various militant activities as well as the distress that is very prominent their on February 23rd 1991, this valley has experience yet another episode of rape and sexual assault but this time the perpetrator was our own Indian Military Forces.
CASE BRIEF
⦁ Victim: The women of Kunan and Poshspora village [estimated 40+]
⦁ Accused: The 4th Rajputana Rifles of the Army’s 68th brigade
⦁ Date of Incident: 23rd February 1991
⦁ Location: Kunan and Poshspora village of Kashmir
⦁ Occurrence of crime: During Anti- insurgency operation by CRPF and BSF
⦁ Crime Type: Mass rape with brutality involved
⦁ Case Status: Unsolved [March 23rd ,2024, 5 petitions pending in High court and Supreme court]
⦁ Statement by Supreme court: Compensation to all the 40 victims on 2011
⦁ Organization involved: Indian Defense Ministry, Human Right Commission, International Human Right Commission and other regional groups of the Jammu- Kashmir Coalition of civil society.
BACKGROUND
The case often found its root since Indian Intelligence got the information of the militant activity near the region of two districts namely Kunan and Poshspora, situated in the Kashmir Zone. After the intellect, Central Reserve Police Force [CRPF] along the Border Security Force [BSF], conducted a joint operation in these area to catch the militants.
CASE SUMMARY
The case started on 23rd February with the forceful invasion of the army personnel into the houses of the villages of Kunan and Poshspora. They took all the men out of their houses in order to investigate but then the females on gun point are raped in front of their beloved ones. The age varies from 17 to 80 years. Syed Mohammad Yasin was that time Deputy Commissioner of Kupwara, he said “I was shocked to see the plight of the women… A woman told me that she was kept under jackboots by the soldiers while her daughter and sister- in – law was being raped in front of her eyes. A pregnant women was not spared either”.
INVESTIGATION
The local police was not ready to take up the case as the Indian Army declared the case ‘baseless’. They also accused them to have a ‘terror propaganda’. In July 1991, senior journalist B.G.Verghese led a Press Council of India team that gave the army a clean chit. Activists, condemned the PC 11 report was fabricated and biased. A committee was formed under the retired judge guidance but it was also been criticized by the Human Right Organization.
NATIONAL ATTENTION
A book was released name ‘Do You Remember Kunan Poshspora?’ that grasp the national attention and then after the case is under High Court but till 2005. Since 2005 to 2013 there was not much progress and the case was also transferred in Supreme Court as the petition was filled by the victims. But not much effect was seen as the Defense was using its special powers.
INTERNATIONAL PRESSURE
After the involvement of the International Human Right Commission and articles that are been published in both national as well as international journals, make the case to get reopen in 2013. The case again faced the same problem of lack of evidences and facts. Till February 2024, Kunan Poshspora case is still in legal limbs with five petitions pending in the High Court and Supreme Court.
Factors Complicating the Case:
⦁ Sanctions- Indian Defense Ministry has not granted sanctions for any cases and the investigation has been stayed.
⦁ Compensation- High court stayed the State Human Right Commission recommendation for compensation payment but not yet fulfilled.
⦁ Time – Police stated that the case was untraceable due to the time that has passed since the incident. Six survivors and witnesses have died during legal processes.
MEDICAL FINDINGS
After the FIR filled on the second week of the mass rape happened, the medical team that went were refused to examine the victims as they did not want to be more suffered. But after the intervention, some victims were ready and it was found that the hymen were broken of many young girls and in the old women, there were marks of sexual abuse. These were the evidences that lead the case be accepted in court but still waiting to get a conclusion.
CONCLUSION
Kashmir witnesses such rape and murder very often by the militants as well as the officers. But this 33 years of struggle made by the Kunan Poshspora victims has lead the foundation that talks about their being a human and no matter who you are? And where u live? No one is authorized to do any sort of wrong deed. The social impact of this act was the aggression that present in every Indians after knowing the incident.
Our army should maintain the decorum of the field they are in and respect the dignity of other as they want other to do so. Humanity is the biggest religion that shouldn’t be disrespected. Let’s wait till the judgment arises as ‘Justice Delay is Justice Denied’. But we also know that ‘Justice is Blind’ means it is impartial and objective; everyone is equal before law.
REFERENCES
- https://www.outlookindia.com
- https://en.m.wikipedia.org/
- https://thediplomat.com/2020
- https://roundtableindia.co.in
- https://google.com
AUTHOR:-
Sanskriti Rani Sharma
AFRS Volunteer
