SrinagarThe lack of accountability for the mass rapes committed allegedly by Indian army in Kunan and Poshpora villages of Kupwara has been a festering injustice and a chilling example of the impunity that surrounds human rights violations in Jammu and Kashmir, Amnesty International said on Friday.
For 27 years, the lack of accountability for the crimes committed in Kunan and Poshpora has been a festering injustice, and a chilling example of the impunity that surrounds human rights violations in Jammu and Kashmir, said Asmita Basu, Programmes Director at Amnesty International India on the 27th anniversary of the rapes of dozens of women in the towns of Kunan and Poshpora in 1991 allegedly by Indian army personnel
Attempts at seeking justice and compensation for the survivors have been blocked by the Jammu and Kashmir state government, the central government and the Indian Army. Five of the victims have died waiting for justice.
She said authorities must ensure a thorough, impartial and effective investigation into the allegations. All suspects, including those with command responsibility, must be prosecuted in a civilian court.
Previous investigations into the allegations have been ineffective, she said, adding that the J&K police declared that the case was untraceable and stopped investigations in October 1991. To date, nobody has been charged or prosecuted in connection to the case.
In October 2011, the J&K State Human Rights Commission directed the state government to compensate victims and re-investigate the allegations. In June 2013, a court in Kupwara district directed the J&K police to investigate the long-standing allegations within three months.
In December 2014, the state government had challenged the High Court orders before the Supreme Court on the issue of compensation, and got a stay on the orders. Army through government of India had chosen not to respond to the petition despite being given time and opportunity to do so by the apex court. There are three other petitions pending before the High Court related to the case.
Besides ordering compensation in favour of the victims, the high court was monitoring the investigation ordered by a judicial magistrate and subsequently upheld by Sessions Court in Kupwara.
A division bench had questioned Union of India and the armys approach leading to the stay of investigation into the infamous mass rape.
The high court had ordered payment of compensation in tune with the recommendations by the State Human Rights Commission.
In 2007, some victims of the mass rape knocked the SHRC, and the Commission in 2012 recommended re-investigation, payment of Rs 2 lakh as ex-gratia to victims and action against then Director Prosecution for closing the case in 1991 as untraced.
Women Group Moves SHRC
A group of women activists today filed an application in the Jammu and Kashmir State Human Rights Commission (SHRC), seeking recommendations to the state government for investigation of sexual violence cases in line with national and international laws.
The application moved by Natasha Rather, on behalf of Support Group for Justice for Kunan Poshpora survivors, urged the commission to suggest guidelines for compensation to the survivors of sexual violence.
It said the SHRC should “recommend guidelines and operational procedures on the investigation of cases of sexual violence, in line with Indian and international laws”.
The application asked for directions to the state government for providing details on action taken reports on the recommendations of the SHRC in such cases. “The Jammu and Kashmir government provide details on all enquiries — magisterial and under the Commission of Inquiry Act — ordered in sexual violence cases and the results of these enquiries,” Rather said in her plea.
She urged that the chairperson of the SHRC to appoint two members of the commission, including a woman member, to hear the testimonies of the victims.
The application was filed before the SHRC on the 27th anniversary of Kunan-Poshpora mass rapes allegedly by Army personnel.
A group of human rights activists tried to visit the alleged survivors in the north Kashmir Kupwara district but were prevented by the police from proceeding to the villages. (PTI)
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