Condoning opportunistic rape
- Hueiyen Lanpao Editorial :: July 25, 2014 -

Minister of State for Home Kiren Rijiju may have stated in the Rajya Sabha on Wednesday that time was not appropriate for the withdrawal of Armed Forces Special Powers Act (AFSPA) from Jammu and Kashmir ( or for that matter from Northeast region including Manipur, where the Act has been in force for more than 50 years) and the statement of the Union Minister may have raised the hackle of Jammu and Kashmir Chief Minister Omar Abdullah once again who on Thursday retorted back saying that “for some people the appropriate time to revoke Armed Forces Special Powers Act from Jammu and Kashmir will never come even if there total peace in the state”.

But the latest recommendation from the side of the UN-designated Committee on the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) to the Government of India for prompt review of the continuance of the application of the vaguely formulated provisions of the Act that grant extraordinary powers to the members of armed forces in the so-called “disturbed areas” specially in the context of sexual violence against women perpetrated by members of armed forces or uniformed personnel in India needs to have serious consideration while the Government of India waits for an appropriate time to revoke the Act denounced by various human rights groups and International bodies as draconian.

CEDAW Committee has come up with the recommendation for repeal of AFSPA again after examination of the combined fourth and fifth periodic report submitted by the Government of India to it.

After going through report, the Committee has expressed deep concern over the high level of sexual violence against women in conflict-affected regions of India like Jammu and Kashmir and Northeast.

Time and again, Government of India has cited security concerns for continuance of Armed Forces Special Powers Act in the conflict-affected regions and and Indian Army has all along strongly opposed to any major dilution in the existing provisions of the Act.

Now even if it is conceded that security forces need some extraordinarily powers to tackle insurgency and the battle against terrorism cannot be equated with normal law and order problem, one pertinent question that has been raised in the recommendation of CEDAW Committee is why the Government of India is hesitating from granting the permission for prosecution of members of armed forces or uniformed personnel accused of sexual violence against women and brought them under the purview of ordinary criminal laws for necessary trial?

Yes, it may not always be possible for the army to distinguish between terrorists and innocent civilians in extraordinary situations, but opportunistic rape and sexual abuse on women in such extraordinary situations should not be condoned at all.