Let us assume India is a great nation. Let us assume values of justice, equality and human dignity are paramount in this country. Let us assume rule of law prevails here. Let us assume India is world’s largest “democracy”. Let us assume Jammu and Kashmir is an integral part of India. Let us assume India and itspeople feel for Kashmiris. Let us assume Kashmiris are not the second class “subjects” meant to be denounced, demonized and condemned. Let us assume India has a free and fair media. And now let us also assume you did not know anything about what your will read below:
Jammu and Kashmir State Human Rights Commission (JKSHRC) has recommended a fresh probe into the case of alleged mass rape of women by army personnel in Kunan and Poshpora villages of the frontier district of Kupwara.
A division bench of JKSHRC has asked the state government to constitute a Special Investigation Team (SIT) headed by an officer of rank not less than an SP to re investigate the alleged mass rape of at least 31 women by army personnel in 1991. decades ago.
Over two dozen women from the villages had claimed that they were gangraped by army personnel during the intervening night of February 23 and 24 in 1991, leading to a huge outrage across Kashmir.
The commission has also asked the state government to put on trial former Director Prosecution who had sought closure of the case as the perpetrators were “untraceable”. According to the Commission, ex-Director Prosecution had “overstepped his brief” and, therefore, prosecution proceedings should be initiated against him and those officers who had approved his report.
Quoting the report of then district magistrate, the commission said the medical examination of 31 women had confirmed they were assaulted.
JKSHRC has been hearing the case since 2004 and during the last seven years, it recorded statements of 18 victims who testified they were assaulted. JKSHRC has also asked the state government to pay compensation of Rs 2lakh each to the victims of the incident.
As part of a series of reports into the incident was former divisional commissioner of Kashmir and ex-Chief Information Commissioner of India, Wajahat Habibullah. For some strange reason the report was kept confidential, however, part of it was leaked. The leak report stated: “While the veracity of the complaint is highly doubtful, it still needs to be determined why such complaint was made at all. The people of the village are simple folk and by the Army’s own admission have been generally helpful and even careful of security of the army’s officers. Unlike Brig Sharma, I found many of the village women genuinely angry… It is recommended that the level of investigation be upgraded to that of a gazetted police officer”.
Understandably, the facts, reports, recommendations of the officials and grief of victims were lost in the name of “national interest” and concoction of a suppressive jackboot regime. Else, why would the state give up any chance of exposing “well-concocted bundle of fabricated lies” and “a massive hoax orchestrated by militant groups and their sympathizers and mentors in Kashmir and abroad”
as termed by a Press Council report which conducted an “independent investigation” on the insistence of Army into the case. This would have helped in preventing many youngsters from crossing over to other side of LoC for arms training just to return to fight the state. And did I tell you that just a month ago, JKSHRC confirmed the presence of over 2300 unmarked graves in just three districts of north Kashmir and has ordered similar investigation into some 3,000 odd graves that are alleged to be in Poonch and Rajouri districts of Jammu.The confirmation by JKSHRC has given the rights groups and family members of victims a shot in the arm after the investigation wing comprising SSP rank officer submitted its report. There are around 8,000 people, who families and human rights organizations allege, were subjected to enforced disappearance by security forces in the state over the past two decades.
Let us assume that you were deliberately kept insulated from these hard realities. Let us assume that you are hearing the arguments for the first time. The following instances should help you understand things better:
In April 2004, family members of four missing army porters from Jammu received an anonymous letter informing them that their kins were killed by the Army after passing them off as militants. Later, Captain Summit Kohli of 16 Rashtriya Riffles, who happened to be the duty officer at that time in Lolab, committed “suicide” in his camp under mysterious circumstances.
Though family members of the porters have been under the impression that the letter might have been written by Captain Kohli, his mother is still fighting a lone battle claiming that her son was murdered for blowing the lid off the worst kept secret in the security force.
In 2007, at least five bodies were exhumed from graveyards of Bandipora and Ganderbal districts after it was confirmed that they were innocent civilians who were branded as militants and killed by security forces just for gallantry medals. While an SSP rank officer of J&K police and his associates are in jail for almost five years in this case, the army officials who were party to the heinous crime haven’t appeared in the court even once.
In January 2003, security personnel claimed major success by killing five foreign terrorists allegedly responsible for Chhatisinghpora massacre of Sikhs in south Kashmir’s Anantnag district. Later it turned out that those killed were local civilians whose DNA samples were fudged during the investigations. Those involved in the police currently enjoy plum postings while others in the army have questioned the jurisdiction of courts, despite being chargesheeted by CBI.
Let us hope that a country where clamor grows for hanging a person to satisfy the collective conscience of the nation, would react in a sane, enlightened and humane way to prove that this land of Gandhi is not lost in the din of jingoism.
