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BATTERED BODIES AND SHATTERED SOULS

THE OBSERVATIONS PlIGHT OF WOMEN CHILDREN EXPERIENCE NARRATED BY PROFESSIONALS REACTIONS OF VARIOUS COMMUNITIES VISIT TO THE SECRETARIAT THE IMPRESSION WORSENING SCENARIO RECOMMENDATIONS KASHMIR TODAY

 

The Ground Reality in Kashmir

 

After October 96 elections the Government has claimed through the media sources that militancy ha been curbed and peace and normality has been restored in the valley.

 

On our way we were unnerved by the overwhelming presence of the Army. There were many bunkers and Jawans were heavily patrolling the city and villages. The worst fall out of the situation was the attack on the women by the Military. This is probably due to frustration among the Army personnel, but adverse conditions do not legitimize their inhuman behavior.

The Observations
We interviewed a cross section of Kashmiris, chief among them being women and children. The testimony of these women once again reiterates the need to review the constant presence of the Army in civilian areas. The security forces have unleashed a reign of terror by raiding the houses of innocent people, interrogating them at any time, taking liberties with women to the extent of molesting and even raping them. The atmosphere prevalent in the Valley is that of fear and gloom. Women face constant humiliation and insecurity. The following testimonies reveal the pathetic state of women and children in the Valley.

Plight of Women
In Srinagar, we visited the mother of the victim Farid. On June 28, Farid was returning home after prayers. While crossing he road he saw a jeep coming in his direction in which some military officers were traveling. Farid was apprehensive about military's crackdown so he ran away from the Jeep. The military officers mistook him as being a militant and chased him till his house. They claimed that he was an Afghani militant taking shelter in this house. When Farid's mother told them that he was not an Afghani militant but her son they did not believe her. So deep was the distrust that inspite of showing them his Indian identity card they refused to acknowledge his identity. What followed was a cold-blooded murder of this innocent young man. The officers took him outside his house and shot him near his ear. His younger sister was watching this incident from the balcony of their house. She saw her brother being shot by the military. She tried to scream for help but guns were pointed at her from below. When we reached their house we found that Farid's mother had virtually become insane due to shock. She was singing songs as she though her son was the applied haldi as he was to be married while on the other hand the people gathered there were mourning his death.

We then visited Fatehkadal area. We met Rukshat Khan, who was 30 years old with three children below the age of twelve. He husband was the manager in one of the popular hotels. On May 30, 1997 around forty men of the STF and Army barged into their house broke into their bedroom and picked up her husband. They locked her along with her children and mother - in - law in another room, took him to another room and tortured him for two to three hours. She could hear him screaming. After torturing him they shot him. They carried his body outside the house, shot him again and declared that he was killed in an encounter. Ruksht does not know how to sustain herself and her family.

We visited Rungret area of Wavoosa where mass rape of six women (including minor girls) by Army had taken place. The victims themselves narrated the stories of these horrendous incidents…

One night Army entered the house of Rashida Khan. Rashida was staying along with her elder married daughter Rehana and three younger daughters- Sharifa, Shakeela and Mehak. The Army came at around 12.45 a.m. and banged the door. When nobody opened the door Army forcibly broke open the door and entered the house. Rashida went to put on lights but was told by the Army not to do so. The Army Officer entered the room where Rehana and her husband were sleeping. They threw her husband out of the room and under the pretext of searching guns in the room raped her. Then they went into the adjoining room where the three younger sisters were sleeping. They asked them weather they had hidden any guns and under the guise of searching took one by one to another room and molested (raped) them. Four days after the incident Mehak the youngest sister had to be admitted to hospital. Her medical records indicated that she was suffering from Biliary Peritonitis which means her gall bladder had ruptured and its contents spilled over in peritoneal cavity leading to swelling of abdomen. She was rushed to the hospital where she had to undergo a major surgery. This proves the amount of pressure being put on this minor girl's abdomen during molestation or even rape (as it is evident).

These girls did not admit to being rape victims, as they feared that their future prospects of marriage would be damaged. Most of the women who were victims of such incidents would not admit being raped and actually sought to underplay the incident as the stigma attached to them would make their future terribly unbearable.

Another case of Army atrocities on that same night was the case of Shabana in Rungret area of Wavoosa. Shabana lived with her husband and two children in this area. Her husband was working in another village. The Army officers started knocking the door they claimed that she had hidden some militants in her house. She refused to open the door as her husband was away. The Army personnel broke open the door and entered the house forcibly, after which they raped her. They went off after warming her not to disclose this incident to anyone or else she would end up losing her husband.

Another incident, which was narrated to us in this village, was similar to that of Shabana also went through similar trauma. Rukayya was staying with her parents, elder brother and sister-in-law. On that fateful night, Army personnel entered her house forcibly and she met similar fate as Shabana's. Her sister-in-law also met with the same fate.

This incident got a lot of publicity and was discussed in the Assembly. One of the MLA's who belonged to National Conference said that all six were not rapped, only three girls were molested. Thus is evident that the ruling elite is indifferent to the plight of women.

In Badgam we were told that each and every woman in the village was tortured and interrogated. Such was the fear in the hearts of the villagers that they refused to divulge and more information to us. Some of the villagers also expressed their anxiety by saying "we can't say anything, we are under pressure, they will further torture us after you people go away".

In a village called Razven we met Khushboo. Her brother was a militant who had died a few months ago in an encounter. The Army officers tortured he and then raped her. Despite the fact that her brother was dead she was tortured and her honour was violated.

Zainab another women whose son was a militant was also repeatedly tortured though her son was dead long ago.

In Razven, on June 25, 1997, during a crackdown 60-years-old Mustafa Kazi's daughter Jameela 18 was tortured because his son was a militant, though he had died sometime ago. She had migrated from the village when we visited her house. In the same village, a group of girls whom we met, while describing the existing situation laughed and said "we don't know how long we will be beaten, troubled and tortured. During the day we laugh, but as the night falls, things are very frightening for us". They even said, "Aap to chale jayenge. Magar laathi aur goli to hamen hi khani hai".

Raissa Badruddin a sixteen-year-old ninth standard student of New Fatehkadal area, told us that (BSF, CRFP and STF) barge into their house, order the girls to sit in front of them and make vulgar comments and gestures. She feels it is very difficult to avoid the lecherous Army men and therefore feels very insecure. She was interested in higher studies but now she has no desire to do so as she feels it involves too much risk.

Noorjahan - stays alone in Srinagar. All her five sons have fled to Ladahk, as they were afraid of being picked up any time by Army and getting killed.

Mahjabeen a 20-year-old girl left the college, as it has become unsafe to go to college. According to her, girls are molested in broad daylight. Her parents also live constantly under a shadow of fear and want to get her married lest she will get molested or raped . She had a desire to study further, but she cannot. According to her, on an average, girls are getting married much earlier because of the fear of being raped, and not being accepted for marriage thereafter. Earlier the girls in Kashmir used to get married at an average at least till graduation. However the situation has now undergone change. The girls do not opt for higher studies but prefer to get married earlier.

Naheeda, a lady staying near Majaben's house, told us that the Army personnel come drunk and molest girls in daytime. Some women in this locality gathered around and told us that even minor were not spared. According to them Zahida, a 7 years old girl was molested. They also narrated other incidents in which atrocities were committed on women and minors.

 

These are as follows:
Renegades (ex-militants recruited by STF i.e. the Special Task Force) barged in Raina's house. They pulled her out of the house and raped her. A first information report (FIR) was lodged but it was of no use.

 

At Humahma 14 girls were molested. Surayya who resides in Srinagar narrated to us her traumatic experience. Her 20 year-old son was picked up in 1990 as a suspected militant. She has been fighting the case for last seven years running from pillar to post including Red Cross and Amnesty International, and human rights organisations with a hope that some day she will get back her son. She leaves the house in the morning and comes back in evening. She spends the whole day in judicial proceeding. In the process she has developed a cyst in the knee joint (because of excessive stress). Suryya is shattered both mentally and physical but is still fighting with the help of a lawyer who is a human rights activist. She has exhausted all her savings in order to fight court cases. Inspite of her endless struggle she has formed the Association of Wards of Missing Youth.

     

  • Ayesha who was residing with her so in Srinagar also narrated her story to us. The Army picked up her son Saleem from a typing institute. He was 20 years old, and was studying for his Bachelors (BA) as well as working in a typing institute. He had no record of indulging in militant activity. One day as he came out of the typing institute he was caught by the Army and was beaten badly, till his head started bleeding. The Army personnel took him to his house in the same bleeding conditions to carry out search. When his mother saw his condition she broke down. One being asked what they want now , the family said, that they want peace and freedom to work. They do not have anything to do with Pakistan or India. But they do not have hopes for a better future. According to them atrocities on the women have gone up after Farooq Abdullah came to power. They also added that they never voted in the elections for anybody.
    •  

    We observed in the above cases that it was not possible to get any hard-core documentary evidence and so, there is not scope to file an FIR, We even cross checked in one of the police stations but found that no FIR was even filed on those particular dates. Though a day before Farid was shot dead by the Army officer there was a small complaint noted down on a plain piece of paper without any stamp of the police station. In this case the complaint was registered only because the boy's uncle had been associated with National Conference for some time. Otherwise for ordinary people it is just not possible to register a complaint against the atrocities committed against them.

    Children
    In Vadiyon mein mera bachpan kho gaya, ab hamare khelne ka saman bhi badal gay.

    The young teenager and college students are often taken for interrogation. Many of them are found missing after interrogation. Thus the students cannot concentrate on their cirrocumulus. There is no fixed scheduled for conducting examinations and declaring results. The students have to bear the brunt on all fronts. Some lose their family members due to violence, some have to share the financial burden of the family in absence of earning members, and some cannot attend the school/colleges due to curfew orders or interrogation. Many lose their homes as the Army burns houses where they suspect the presence of militants. Thus the student community in the Valley has been deprived of having education in a free and fair atmosphere. Many of the students have taken up militancy as a result of constant harassment by the Army. Some of them have left the valley. If this situation prevails in the Valley for a long time, one cannot predict the future of the children.

       

    Experiences Narrated by Professional

       

    JUDGES & LAWYERS
    We met retired judges and lawyers at the Sopore Bar Association in Sopore. They narrated their plight of reaching their workplaces in the morning while crossing the checkpoints. The people including lawyers, judges and doctors have to walk in queues and are not allowed to make even slight movements. They have to face lathis or their legs during this ordeal. Even old men and professionals have to undergo this humiliating treatment. Some of the lawyers were literally in tears while narrating their experience while handling various cases of human rights violations, though they were very few in numbers as no FIR or Habeas Corpus can be filed. Few days before we visited these members of Bar Association a noted human rights activist cum lawyer was picked up by Army and his body was found in river Jhelum after fifteen days.

     

    They even narrated the case of trial of a boy who was accused of murdering a cloth merchant. During the trial it was proved from the available record that the deceased was already dead in 1965, when the accused was not even born. Such types of false cases are also registered against young boys, further labelling them as militants.

     

    The retired judges said that there were many incidents of sexual abuse of women. However, documentation of these incidents was difficult, as women were scared of these incidents was difficult, as women were scared to give the evidences. They narrated an incident where the forces picked up a sixteen-year-old girl in Pulwama. Her relatives were asked to come to the camp where the Army had taken her for interrogation. They had detained the girl, raped her and when her relatives succeeded in filing the case they killed her before she could appear in the court to face the trial. This incident had taken place a year ago. At Uri one women was hiding inside her home when the forces entered the house and killed her husband. Then they captured her and consequently raped her.

     

    According to member of the Bar Association of Srinagar, there are almost, 10,000 widows and 30,000 orphans. The Bar Association members are fighting most of the cases free of charge but due to near breakdown of administration and threat to life these lawyers are not able to follow up the cases.

     

    The Journalists

     

    Mr. Tahir Hussain is a journalist for the past twenty years. He has constantly aired his views on the situation in Kashmir. He was criticised for this fearless writings and even tortured by the authorities.

     

    Atrocities against common people by Army have increased after the election. The Army is suspicious of the people and anticipates them to be militant. By their actions the Army has antagonised even section of press, human right activists, professionals and students.

     

    Irrespective of age and sex, the Army men handle old and young alike even though they do not have any connection with militants. He gave an example of Mr. Jalil Andrabi a leading lawyer and human rights activists. He was pulled out from his vehicle in front of his family and taken into custody. After some days his body was found mutilated.

     

    According to Tahir, the number of widows and orphans is increasing day by day. There are around 10,000 widows between the age of group 18 to 25 years.

     

    Mr. Wahid is the founder and editor of the popular weekly. He is progressive and has a good rapport with a common people. He has written many article exposing the miserable condition of widows and orphans. As the result of his crusade his paper was closed down. His entire struggle was a lone struggle with absence of any support from social organisations and different political groups supporting liberation of Kashmir.

     

    REACTIONS OF VARIOUS COMMUNITIES
    We met the father of All St. Pious Church. He was in Baramullah district during the peak of militancy he observed the atrocities against women in a hospital where he was working as a nurse. When asked about the atrocities inflicted by the Army at present he said " The guns have no rule. Even I have given shelter to militants in my house for weeks, as they were carrying the guns. Even Hindus had to do the same things. But then should it be considered to be the crime of such a grave degree that people are tortured and killed for doing so? That too in a so-called democracy? And now there is gun in the hands of STF, BSF Army and Renegades. Will they not do the similar things? Nobody is bothered about the common Kashmiri. Being the father of the church the poor Hindus, Muslims and Christians are coming to me for help".

     

    VISIT TO THE SECRETARIAT
    According to the lawyers, judges and some journalists the statistics from which one can assess the situation in Kashmir today are as follows;

    • There is 1 military person per 7 Kashmiris.
    • There are 10,000 young widows at present in Kashmir
    • There are 7000 youths in the jail
    • There are 585 government schools, out of which 262 are with the security forces. Some of them are used as interrogation centres and torture cells.
    • There are 30,000 orphans.
    • There are 20 to 25 deaths per day (by killings) by false encounter.
    • There are approximately 10 to 15 people taken in the lockup daily.
    • In the seven districts for the population of 50 lacks there is only one gynaecology and obstretic hospital.
    • There are 60 doctors including the junior most for the 500 bedded hospital, which admits 600 patients.
    • There are 23,000 applications for 23 posts of the teachers.

     THE IMPRESSIONS

    The appearances of the city as well as they villages is that of war ravaged places Predominance of security force patrolling with guns, bunkers all over, Army occupation of civilians areas has become a prominent and almost permanent feature of Kashmir It looks like a big prison. Over all fear psychosis prevails in every strata of society, especially among women and children. Anybody can get interrogated any time of the day and night. Even old and very young are not spared. During such interrogation any time of the day and night. Even old and very young are not spared. During such interrogation they are physically, mentally and sexual abused. The intellectuals and human rights activists are also living under constant threat to life, from the Army. There is a general feeling of depression in the Valley because of the human right violations taking place. People feel totally helpless about such violation. Peace loving Kashmiris want peace in the Valley. "Hamare itne long mare, hame kya mila, Yeh India hame choodnae wallah nahi".

    WORSENING SCENARIO

     

    Kashmir situation has worsened 1989 onwards. There was hope that after the 1997 elections situation would improve. But people in general feel that the elections were rigged and conducted with the help of Army. Introduction of STF (Special Task Force) by the State Government soon after elections has increased terror among people, (most of the STF men are the pro-governments). As the STF known every one in the locality, the BSF and Army accompanies it for interrogation. In the name of curbing the militancy, BSF, CRPF with the help of STF raid the houses in large numbers, terrorise the relatives, molest women, rob things from the houses, and even ask ransom at the gunpoint and may release the person if given the ransom.

     

    They even burn the houses under the pretext of catching militants. Under the pretext of interrogation, women are isolated from the other family members, physically tortured, molested and even raped in some situations " Rath hoti hai toh yamraj ata hai gaaliya aour goliya hme hi khani hoti hain". Some women even have disappeared are on the rise. More and more girls are sitting at home and are forced to get married earlier than their usual average age of marriage. School teachers, Principals, Students are made to parade during investigations. "Angrej bhee itne bure nahi the". Children in the Valley have to watch all this day in day out. What kind of new generation will emerge in the Valley where the ABC is A for Army, B for Bomb and C for Crackdown etc? Ex-militants who have surrendered and taken up different occupations are also forced to report at police station regularly. Most of the younger population has fled away with the fear of being caught and killed by the Army. The Army, while setting up the military camps in village has wiped off jungles. They don't allow men and women even to go to their fields without reporting at the camp.

     

    Army is doing business by forcing surrendered militants and even common man to make furniture and sell or carry it to their hometowns. The Army has a list of the names of militants, which they prepare, with the help of renegades. To get the name removed from so called list they ask for large sum. The villagers are robbed of their possessions and agricultural products.

     

    RECOMMENDATIONS
    We felt that all the military and paramilitary forces should be removed from the civilian areas with immediate effect and instead be positioned to the border areas to prevent the infiltration of the subversive elements and arms and ammunition across the border, which are responsible for all over damage to the local people.

     

    We urge that all the special acts, which are at the moment prevalent in the Valley, should be scrapped as they give power to the major security personnel to execute severest punishment including killing on the spot, in case of slightest suspicion. These are (1) Armed Forces Jammu and Kashmir Special Power Act (2) Disturbed Area Act (3) TADA and few more acts.

     

    We cannot, as the citizens of such a large democracy tolerate these draconian laws and we should all stand together to support our Kashmiri brothers and sisters in order to protect Humanity.

     

    Kashmir TODAY
    When we utter the world Kashmir, one visualises those beautiful snow-peaked mountains, those frothy rivers, lush green landscapes, the Dal lake Shikara, carpets, apples, and beautiful flowers and last but not the least Kashmiris with their beautiful hearts and faces. Though the scenic beauty still exists their is a threat to the natural beauty and environment of the Valley in the presence of the military who cut the trees to make their camps all over the rural areas of Kashmir and the same is true of the Kashmiri people today. Every Kashmiri soul is existing in the gloom of torture, insecurity, depression and anxiety. They say they do not know what their future is. They do not know whether they belong to India because of he way they are treated by the Indian security forces. These are the people who fought for India during in 1965 and 1971. These are the people who are soft spoken, non-communal, peace loving and most hospitable. But today their hearts and homes are burning. They are denied democratic rights indirectly and subtly. Their younger generation is being crushed and destroyed under the guise of curbing militancy. What is the fault of the common Kashmiri? Why are they being ill treated, hurt, abused and killed like this?. Human rights are being violated in Kashmir by an Army, which is supposed to be their saviour. Especially those of the Kashmiri women, who are facing he mental torture and/or physical assault for just being either the sister, mother or a wife of a militant. They are interrogated, without concrete proof, on the suspicion of the either giving shelter or food to the suspected militant or are dragged out of their homes, molested, tortured, threatened, abused and sometimes even killed. The only fault of these women is they are related to the militants or have given food to them. As a result of this more and more girls are presented from going to schools as it is unsafe to even walk on the roads. The girls are getting married at much early age than before.

    The gross human rights violation in the Valley by the security force in driving the average Kashmiris away from India. And we, belonging to this so-called democracy cannot ignore it . The whole of Kashmir is living in the shadow of fear psychosis. The human rights activists in Kashmir are intermittently picked up and killed. Anyone who tries to raise his or her voice against this oppression is not spared. The fact that the person may be lawyer or a journalist or a trade unionist is of little relevance. Those who are investigation the cases of atrocities are especially living under severe insecurity and suffer the most from depression and fear psychosis. Today the people of Kashmir are denied the basic facilities like education and health as half the schools are closed and are occupied by the military people. The people are not allowed to fight for their democratic rights as they cannot file an FIR against the security personnel. There are a variety of special acts applicable in the Valley e.g. the Disputed Areas Act. The Armed Forces Jammu and Kashmir Special Powers Act. The BSF Act, and TADA etc. Because of these Acts. Army had all the power to kill anybody on the slightest suspicion and without the need of verification. Even the Supreme Court guidelines are not being followed.