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ASSAULT IN THE TIME OF CONFLICT

Schoolteacher Soni Sori is a Lok Sabha candidate from Bastar in Chhattisgarh. The Aam Aadmi Party member’s campaign will be different from that of many other aspirants: she will tell her own story.

Sori has just returned to her ancestral home in Palnar village in Dantewada district after three years in jail. Accused of being a Maoist accomplice and attacking a Congress leader in 2011, she has now been acquitted in five out of seven cases registered against her and granted bail in the remaining ones.

But she has filed a case too — alleging that a senior police officer oversaw her assault while she was in police custody in 2011. The Supreme Court is yet to decide on it.

In her complaint, Sori said the police officer verbally abused her and directed policemen to torture her.

“In a conflict zone like Chhattisgarh, there is no one to hear our plea,” she says.

With armed unrest rampant in parts of the country — from Kashmir to Chhattisgarh and Manipur — human rights activists are raising the issue of sexual violence by security forces against citizens. There are also numerous cases of sexual assault by armed men who have the government’s backing. In Chhattisgarh for instance, members of Salwa Judum, a civil militia group formed in 2005, face 99 charges of rape.

Tribal activists such as Sori often face the brunt of such attacks. In the Jadingi village of Odisha’s Gajapati district, Arati Majhi, 21, was marked as a Naxalite and allegedly raped by the police in 2010.

Not surprisingly, the activists have been urging India to sign a Declaration of Commitment to end Sexual Violence in Conflict. In September 2013, 122 nations endorsed the declaration that was tabled by the UK in the 68th UN General Assembly.

The declaration says that sexual violence in conflict areas must not be viewed as a lesser crime. It also calls for comprehensive, improved and timely medical and psychosocial care for survivors and funding for sexual violence prevention.

“Most victims never see justice for what they have endured nor receive the necessary assistance and support,” it says.

Former cop K.P.S. Gill, who fought terrorism in Punjab, agrees that sexual violence against women and children is common in every conflict zone. “India too has seen it for years. Our government authorities do make investigations about such violence but no comprehensive plan has been worked out to tackle it,” says Gill, president, Institute for Conflict Management, Delhi, a non-profit outfit which analyses internal security in South Asia.

Some experts fear that India will not back the declaration. The government, they believe, shies away from backing such a document as it would put the State under the international scanner, especially in places such as Kashmir where the problem goes beyond its borders.

“Even after alleging that the violence in Kashmir is instigated by neighbouring Pakistan, India doesn’t recognise Kashmir as an international armed conflict because that would mean allowing international investigations into the violence,” says Khurram Parvez, programme co-ordinator, Jammu and Kashmir Coalition of Civil Society.

“Endorsing it would mean India is open to international scrutiny, and it would never be acceptable to the government,” echoes Colin Gonsalves of Human Rights Law Network, a Delhi-based lawyers’ collective that fought Sori’s case in the Supreme Court.

But as more and more cases get exposed, the demand for steps to protect women is also on the rise. “Majhi and Sori belong to that unarmed population which is caught in the crossfire of Maoists and State forces... Such a declaration is an instrument for the people to take their fight forward,” advocate Shalini Gera, who fought Sori’s case at the Dantewada court, argues.

But far from supporting the declaration, the activists point out that the government has laws such as the Armed Forces (Special Powers) Act which give immunity to security forces, even when they commit sexual violence.

The human rights activists stress that steps have to be taken urgently, arguing that sexual violence against women is an old and continuing problem.

In 1991, security forces allegedly raped over 100 women over one night in Kunan-Poshpora in J&K’s Kupwara district. In 1992, soldiers in Shopian in Pulwama district were accused of gang raping at least six women. In Manipur, Thangjam Manorama Devi, 34, was allegedly raped by soldiers of Assam Rifles, a paramilitary force, in 2004.

“During conflict, women are particularly vulnerable to sexual attack by both State and non-State actors,” Human Rights Watch spokesperson Meenakshi Ganguly says.

Not everybody agrees that endorsing such a document is the answer to the problem. Supreme Court advocate K.T.S. Tulsi believes that it undermines India’s democratic process. “Endorsing it could subject us to trial in international tribunals, which is not right for our democracy,” he argues.

Tulsi also believes that India has enough safeguards to tackle such issues. “Our courts have taken suo motu cognisance of many such crimes in conflict areas. Our Constitution has the provision of giving fair trials to everyone,” he says.

But the activists argue that such declarations lead to the forming of effective domestic laws.

“International laws always help in the formation of domestic laws,” People’s Union for Civil Liberties general-secretary Kavita Srivastava maintains. “After India ratified the Convention on the Elimination of All Forms of Discrimination against Women in 1993, we got the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.”

But there is a feeling that unless the government wants change, joining such global efforts will not yield results. “India signed the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 1997 but it has not ratified it. The Prevention of Torture Bill that is related to the convention too is pending before Parliament,” Parvez says. “India signed the International Convention for the Protection of All Persons from Enforced Disappearance in 2007 but it has not ratified it. Such half-hearted initiatives serve no purpose,” he adds.

Sori, for one, will be happy if the declaration leads to action. Because, she stresses, it’s not just her case that needs to be redressed. During her time in jail, she met many other women who had been sexually tortured in jail or custody. “It’s the fight of several others like me,” she adds.