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E-Pao! Opinion - GOI's reply to the UN on Elimination of Discrimination Against Women on AFSPA

GOI's reply to the UN on Elimination of Discrimination Against Women on AFSPA

By: GOI *



Please inform the Committee on how Security Council Resolution 1325 is being implemented in India and how gender perspectives are being mainstreamed in military operations in “disturbed areas” and conflict areas.

Please give further details (scale, number of persons trained, etc.) on the gender-sensitization training given to armed forces operating in conflict areas mentioned in para 18 of the report.

In its concluding comments, the Committee recommended a review of the prevention of terrorism legislation and the Armed Forces Special Powers Act, in consultation with the National Human Rights Commission, the National Commission on Women and with civil society. Please indicate whether such a review was conducted, and if so, what actions were taken to implement the recommendations of the review. Please given details of military personnel prosecuted under the Army Act mentioned in para 17 of the report.

The contents of the Security Council Resolution 1325 have been circulated to relevant Ministries in the Government. There are no situations of 'armed conflict' within the territory of India, and hence the Security Council Resolution 1325 relating to Women in Armed Conflict is not applicable to India. The Indian Army has an excellent track record of protecting human rights, and is particularly sensitive to the rights of women and children, while carrying out its duties. With regard to the mainstreaming of gender perspectives in 'disturbed areas' the following actions are regularly undertaken:

* In the Indian Army, systematic education, training and sensitization in human rights of all ranks is ensured. This is done during the pre-commission as well as post-commission training. Both at Indian Military Academy, Dehradun and Officers Training Academy, Chennai, all issues of human rights, including gender perspectives when operating in insurgency/militant areas are adequately highlighted through capsules on the subject to ensure that no abuse or exploitation occurs against women.

Adequate emphasis on gender sensitiza-tion, constitutional rights and importance of human rights is laid in all important training schools and counter terrorism/counter insurgency courses. A similar theme at an appropriate scale is incorporated in basic training of recruits at training centres of all Arms and Services.

* Adequate emphasis on gender sensitization, constitutional rights and importance of human rights is also placed in all important training schools and counter terrorism/counter insurgency courses. This aspect is specially focused on in 'Junior/Senior commander courses' and an basic 'young officer courses' of all arms and services.

For the other ranks, this important aspects is included in syllabi of platoon commanders' and junior leaders' courses. Apart from the above during the unit and formation training undertaken in the form of various promotion cadres, training cycles, and sub unit/unit level exercises, the teachings carried forward from pre-commission/recruit training days is systemized into sub unit /unit mainstream.

* In Counter Insurgency and Warfare School (CIJW), Vareingte, Mizoram, regular courses for officers and other ranks are conducted with a specific sub-theme of gender mainstreaming and related issues of human rights practices.

All units prior to being inducted into counter insurgency/counter terrorism environment are put through four weeks of pre-induction training in 'Corps Battle Schools' specifically run with geographical and demographic nuances dovetailed to enable the units to carry out their assigned tasks in the area of operation keeping human rights and gender sensitization uppermost in mind. All such training case studies are circulated to the students and discussed.

* As regards quantification, during the pre-induction training period of four weeks about 10 % of the time is specifically devoted to the gender sensitization aspects. As the duration, objective and method of training on various courses and capsules are at vast variance, gender sensitization aspects are covered under different training modules covering important provisions of constitution salient aspects of law, including Armed Forces Special Power Act and Human Rights. More importantly, aspects of conduct, self restraint and adherence to laid down procedures are also suitably emphasized upon.

With regard to the concluding comment of the Committee to review the prevention of terrorism legislation and the Armed Forces Special Powers Act, the following actions have been taken:
(i) Government of India has abolished the Prevention of Terrorism Act (POTA) in September, 2004, and
(ii) Government of India has constituted a committee under the Chairperson-ship of Justice Jeevan Reddy, a Retired Judge of the Supreme Court of India in November 2004 to review the Armed Forces Special Powers Act. The Committee has already submitted its recommendations to the Government.

Every allegation of sexual abuse or exploitation is rigorously enquired into. Where misconduct or crime against women is/are established, immediate and exemplary punishment is meted out, as per the law.

A total of 33 complaints dealing with misconduct or crimes against women were received against Indian Armed Forces personnel during the last three years, including 17 cases in 2004, 9 cases in 2005 and 8 cases in 2006.

Punishments ranging from Reprimand, Rigorous Imprisonment and Dismissal from Service have been awarded to those found guilty in line with the gravity of the offence committed.


* Tis article was first published at The Sangai Express . Webcasted on January 22nd 2007.


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