A court order has pulled the infamous Kunan-Poshpora rape case out of the cold storage.

Riyaz Wani meets the people who made it possible

Riyaz Wani Riyaz Wani 2013-07-20 , Issue 29 Volume 10

Cry for justice Kashmiri women protest against the delay in punishing the perpetrators of the 1991 Kunan-Poshpora rapes

 

Cry for justice Kashmiri women protest against the delay in punishing the perpetrators of the 1991 Kunan-Poshpora rapes Cry for justice Kashmiri women protest against the delay in punishing the perpetrators of the 1991 Kunan-Poshpora rapes. Photo: Faisal Khan When the armymen took my husband away that night, I was left alone in the house with my two toddlers. The soldiers snatched my younger son from my lap, tore off my clothes and pushed me onto the ground… while my son was watching and crying. I didn’t know where they had kept my other son. They didn’t let me go for the entire night despite my pleadings.” As Sara (name changed) broke down while recalling the horror from that night in 1991, the audience at the press conference in Srinagar on 22 June, was overwhelmed with emotion. Sara, who was 24 when the incident happened, had given up hope until 50 women from the Valley came together this May to revive the fight for justice in the alleged mass rape by the army at the twin villages of Kunan and Poshpora, located 100 km from Srinagar, in north Kashmir. It’s considered the largest case of mass sexual violence in India. In June, the women’s efforts prompted a local court to direct the government to reopen the case to “further investigate to unravel the identity of the perpetrators”.

It was on that night of 23 February 1991 when soldiers of the 4th Rajputana Rifles allegedly raped around 40 women during a search operation in Kunan-Poshpora. According to the villagers, the army cordoned off the village and ordered the men to assemble at an identified place outside the village. The women who were left inside the houses were then allegedly sexually assaulted. Two days later, the then District Magistrate SM Yasin visited Kunan-Poshpora. He commented later that the accused soldiers had “behaved like violent beasts”. The local police filed an fir on 18 March 1991, but the Director, Prosecutions, threw the case out a month later, saying it was “unfit for launching a criminal prosecution”.

Eight months later, the police closed the case without a trial. Following the incident, a Press Council of India committee led by senior journalist BG Verghese visited the Valley and gave a “clean chit to the soldiers”. Verghese didn’t even visit the village but the committee members stayed at the quarters of the army brigade alleged to have committed the crime. The committee report termed the allegations against the army “totally unproven and completely untrue… a dirty trick to frame the army and get it to lay off Kunan-Poshpora”. The then Divisional Commissioner Wajahat Habibullah, who called for a fresh investigation in his report, recently said the government deleted his recommendation for an upgraded probe. His report also said that he “found the allegations of mass rape exaggerated because the women of the entire village were saying they were raped”. This is where the 50 women who call themselves the Support Group for the Victims of Kunan-Poshpora took over.

It is an assorted group of students, activists, doctors, government employees and housewives from all over the Valley. On 10 June this year, they signed a petition demanding a fresh probe into the case by a Special Investigation Team headed by an officer of the rank of Senior Superintendent of Police (SSP). On 18 June, Kupwara Chief Judicial Magistrate JA Jeelani issued an order to the government to conduct a probe led by an SSP rank officer within three months. Though this was an achievement, the women, whose cause was also boosted by Foreign Minister Salman Khurshid’s recent apology, have no illusions about the “drawn and uncertain” nature of their struggle. “This struggle is important not only because we demand justice but also for our future,” says Samreena, 25, an activist, who is part of the support group. “We can’t and shouldn’t forget this crime. If we forget, we will be sending a message to the armed forces that they can go scotfree, encouraging them to repeat the misdeed.

This incident may happen again if we don’t fight. The fear that it can happen with us is much more than the fear of being let down by the State agencies.” Adds Ifra Mushtaq, 20, a student and member of the support group, “The victims had lost hope and the urge to fight. We persuaded them to join the campaign and assured them of our unstinted support. At first, they were sceptical because they had been let down by the State agencies who had promised justice. But we were able to convince them of our group’s genuineness.” Ifra’s mother Parveena Akhter, 48, actively supports her endeavour. Akhter, a housewife, is not only a signatory to the petition but also a member of the support group. “I have two daughters and understand the agony of the women of Kunan-Poshpora,” she says. “I volunteered for this campaign and will stick with it till we achieve our goal.”

Meanwhile, some victims have questioned the irony of people terming the Kashmiri youth killed by security forces as ‘martyrs’ while the gangrape victims suffer stigma and neglect. “When someone is killed by soldiers in Kashmir, his parents feel proud of him and his ‘martyrdom’. People give the family respect,” says Aisha (name changed). “The army snatched our honour by raping us. We were attacked for the same reason they target the youth. But see the irony; we, the 40 women from Kunan-Poshpora, who were gangraped by the army, feel stigmatised. No one feels proud of us.” In Kunan-Poshpora, that fateful night has become etched in the collective memory. A new generation has grown up since, living with the stigma of the rape of their “mothers and sisters”. The people here talk of their daughters being looked down upon in the neighbouring villages and their sons dropping out of schools and colleges following taunts by their classmates and even teachers. The memory remains raw and painful even today. “Every year, on 23 February, our village plunges into mourning. We hardly cook that day,” Zeba, 55, told TEHELKA. Members of the support group plan to help the villagers deal with the psychological scars. Their road to justice is primarily legal: the group hopes the court order will force the government to set up a fresh investigation. Once the probe begins, they want to monitor it. “We will not allow any agency probing the case to get away with shoddy work or be compromised,” warns Samreena. Besides, the group plan to hold protests, media interactions and launch public awareness programmes.

What is more, their fight has a larger purpose too. Hope Floats After Two Decades A court order has pulled the infamous Kunan-Poshpora rape case out of the cold storage. Riyaz Wani meets the people who made it possible Riyaz Wani Riyaz Wani 2013-07-20 , Issue 29 Volume 10 Cry for justice Kashmiri women protest against the delay in punishing the perpetrators of the 1991 Kunan-Poshpora rapes Cry for justice Kashmiri women protest against the delay in punishing the perpetrators of the 1991 Kunan-Poshpora rapes. Photo: Faisal Khan When the armymen took my husband away that night, I was left alone in the house with my two toddlers. The soldiers snatched my younger son from my lap, tore off my clothes and pushed me onto the ground… while my son was watching and crying. I didn’t know where they had kept my other son. They didn’t let me go for the entire night despite my pleadings.” As Sara (name changed) broke down while recalling the horror from that night in 1991, the audience at the press conference in Srinagar on 22 June, was overwhelmed with emotion. Sara, who was 24 when the incident happened, had given up hope until 50 women from the Valley came together this May to revive the fight for justice in the alleged mass rape by the army at the twin villages of Kunan and Poshpora, located 100 km from Srinagar, in north Kashmir. It’s considered the largest case of mass sexual violence in India. In June, the women’s efforts prompted a local court to direct the government to reopen the case to “further investigate to unravel the identity of the perpetrators”. It was on that night of 23 February 1991 when soldiers of the 4th Rajputana Rifles allegedly raped around 40 women during a search operation in Kunan-Poshpora. According to the villagers, the army cordoned off the village and ordered the men to assemble at an identified place outside the village. The women who were left inside the houses were then allegedly sexually assaulted.

Two days later, the then District Magistrate SM Yasin visited Kunan-Poshpora. He commented later that the accused soldiers had “behaved like violent beasts”. The local police filed an fir on 18 March 1991, but the Director, Prosecutions, threw the case out a month later, saying it was “unfit for launching a criminal prosecution”. Eight months later, the police closed the case without a trial. Following the incident, a Press Council of India committee led by senior journalist BG Verghese visited the Valley and gave a “clean chit to the soldiers”. Verghese didn’t even visit the village but the committee members stayed at the quarters of the army brigade alleged to have committed the crime.

The committee report termed the allegations against the army “totally unproven and completely untrue… a dirty trick to frame the army and get it to lay off Kunan-Poshpora”. The then Divisional Commissioner Wajahat Habibullah, who called for a fresh investigation in his report, recently said the government deleted his recommendation for an upgraded probe. His report also said that he “found the allegations of mass rape exaggerated because the women of the entire village were saying they were raped”. This is where the 50 women who call themselves the Support Group for the Victims of Kunan-Poshpora took over. It is an assorted group of students, activists, doctors, government employees and housewives from all over the Valley.

On 10 June this year, they signed a petition demanding a fresh probe into the case by a Special Investigation Team headed by an officer of the rank of Senior Superintendent of Police (SSP). On 18 June, Kupwara Chief Judicial Magistrate JA Jeelani issued an order to the government to conduct a probe led by an SSP rank officer within three months. Though this was an achievement, the women, whose cause was also boosted by Foreign Minister Salman Khurshid’s recent apology, have no illusions about the “drawn and uncertain” nature of their struggle. “This struggle is important not only because we demand justice but also for our future,” says Samreena, 25, an activist, who is part of the support group. “We can’t and shouldn’t forget this crime. If we forget, we will be sending a message to the armed forces that they can go scotfree, encouraging them to repeat the misdeed. This incident may happen again if we don’t fight. The fear that it can happen with us is much more than the fear of being let down by the State agencies.” Adds Ifra Mushtaq, 20, a student and member of the support group, “The victims had lost hope and the urge to fight. We persuaded them to join the campaign and assured them of our unstinted support. At first, they were sceptical because they had been let down by the State agencies who had promised justice. But we were able to convince them of our group’s genuineness.” Ifra’s mother Parveena Akhter, 48, actively supports her endeavour. Akhter, a housewife, is not only a signatory to the petition but also a member of the support group. “I have two daughters and understand the agony of the women of Kunan-Poshpora,” she says. “I volunteered for this campaign and will stick with it till we achieve our goal.” Meanwhile, some victims have questioned the irony of people terming the Kashmiri youth killed by security forces as ‘martyrs’ while the gangrape victims suffer stigma and neglect. “When someone is killed by soldiers in Kashmir, his parents feel proud of him and his ‘martyrdom’. People give the family respect,” says Aisha (name changed). “The army snatched our honour by raping us. We were attacked for the same reason they target the youth. But see the irony; we, the 40 women from Kunan-Poshpora, who were gangraped by the army, feel stigmatised. No one feels proud of us.” In Kunan-Poshpora, that fateful night has become etched in the collective memory. A new generation has grown up since, living with the stigma of the rape of their “mothers and sisters”. The people here talk of their daughters being looked down upon in the neighbouring villages and their sons dropping out of schools and colleges following taunts by their classmates and even teachers. The memory remains raw and painful even today. “Every year, on 23 February, our village plunges into mourning. We hardly cook that day,” Zeba, 55, told TEHELKA. Members of the support group plan to help the villagers deal with the psychological scars. Their road to justice is primarily legal: the group hopes the court order will force the government to set up a fresh investigation. Once the probe begins, they want to monitor it. “We will not allow any agency probing the case to get away with shoddy work or be compromised,” warns Samreena. Besides, the group plan to hold protests, media interactions and launch public awareness programmes.

What is more, their fight has a larger purpose too. “It is also about motivating our community to fight for justice. It is about developing a culture of resistance where impunity is not taken for granted,” says Samreena. “Our fight is less about outcomes and more about sending a message to the perpetrators of human rights abuse that we will perpetually pursue them.” riyaz@tehelka.com “It is also about motivating our community to fight for justice. It is about developing a culture of resistance where impunity is not taken for granted,” says Samreena. “Our fight is less about outcomes and more about sending a message to the perpetrators of human rights abuse that we will perpetually pursue them.”

riyaz@tehelka.com

 

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