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20 YEARS OF UNSC RESOLUTION 1325: INDIA FAILS TO IMPLEMENT

I. The UNSC Resolution 1325

On 31 October 2000, the United Nations Security Council (UNSC) adopted Resolution 1325 on women, peace and security. It  among others, calling upon all parties to armed conflicts to “respect fully international law applicable to the rights and protection of women and girls, especially as civilians, in particular the obligations applicable to them under the Geneva Conventions of 1949 and the Additional Protocols thereto of 1977, the Refugee Convention of 1951 and the Protocol thereto of 1967, the Convention on the Elimination of All Forms of Discrimination against Women of 1979 and the Optional Protocol thereto of 1999 and the United Nations Convention on the Rights of the Child of 1989 and the two Optional Protocols thereto of 25 May 2000, and to bear in mind the relevant provisions of the Rome Statute of the International Criminal Court”. It also called upon all parties to armed conflicts to “take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict” while Clause 11 emphasised the responsibility of all States to “put an end to impunity and to prosecute those responsible for genocide, crimes against humanity, and war crimes including those relating to sexual and other violence against women and girls, and in this regard stresses the need to exclude these crimes, where feasible from amnesty provisions”.[1]

II. The status of implementation of the UNSC Resolution 1325 in India: At least 114 reported cases of sexual violence from conflict-affected areas

Is it true that you may have alleged rapists in the army?Did you close the case because you didn’t get any help from army or is your helplessness a tacit understanding you have with the forces,” – asked the Supreme Court during the hearing of Extra Judicial Executions Victim Families Association & Anr versus Union of India & Ors on 18 April 2017.[2]

The above questions by the Supreme Court of India depict the extent of violence, including sexual violence perpetrated by the armed forces and the level of immunity enjoyed in the areas declared ‘disturbed’ under the Armed Forces Special Powers Act (AFSPA).

Twenty years later, India has failed to even ensure equality before the law and the equal protection of the law to women and girls living in armed conflict situations.

Since the adoption of the UNSC Resolution 1325, India continued to face insurgencies from the Left Wing Extremism (LWE) in 11 States of Chhattisgarh, Jharkhand, Odisha, Bihar, West Bengal, Andhra Pradesh, Telangana, Maharashtra, Madhya Pradesh, Uttar Pradesh and Kerala; six States of the North-Eastern region i.e. Arunachal Pradesh, Assam, Manipur, Meghalaya, Nagaland and Tripura; and Jammu and Kashmir.

As per the official figures, a total of 9,448 people were killed in conflict areas during 2009 to 2019 including 3,747 persons in the LWE affected areas; 3,070 persons in the North East; and 2,631 persons in Jammu and Kashmir.

From the adoption of the UNSC Resolution 1325 from 1 November 2000 to 30 October 2020, at least 114 cases of rape, molestation and other forms of sexual violence against women and girls perpetrated by armed forces of the Central government as well as state police were reported from 11 States afflicted by armed conflicts i.e. Andhra Pradesh, Arunachal Pradesh, Assam, Chhattisgarh, Jammu & Kashmir, Jharkhand, Maharashtra, Manipur, Meghalaya, Odisha and Tripura as given below:

Table 1: Reported cases of VAW in conflict situations in India from 1 November 2000 to 30 October 2020

SL No. Date of incident State Number of victims Social category Age (minor or major) Types of sexual offences Alleged perpetrators Source
1 Apirl-2011 Andhra Pradesh 1 Unknown Minor (14 years) Rape and impregnation of a mentally-challenged minor girl CRPF https://timesofindia.indiatimes.com/india/Nobodys-children-Report-slams-the-state-of-juvenile-justice-in-conflict-zones/articleshow/19162297.cms 
2 22-Jan-10 Andhra Pradesh 4 Scheduled Tribe (ST) All Majors Mass gang rape of four Kondh tribal women Greyhounds Special Police https://timesofindia.indiatimes.com/city/hyderabad/Cops-booked-for-rape/articleshowprint/5502999.cms 
3 20-Aug-07 Andhra Pradesh 11 Scheduled Tribe (ST) All Majors Mass gang rape of 11 Kondh tribal women Greyhounds Special Police https://www.thenewsminute.com/article/after-11-years-trial-andhras-vakapalli-gang-rape-case-begin-85688
4 21-Jun-18 Arunachal Pradesh 1 Scheduled Tribe (ST) Minor (10 years) Molestation of a 10-year-old girl by an army soldier Sikh Regiment Soldier accused of molesting minor, Times of India, 25 June 2018; available at: https://timesofindia.indiatimes.com/city/itanagar/soldier-accused-of-molesting-minor/articleshow/64728617.cms
5 15-Jan-18 Arunachal Pradesh 1 Scheduled Tribe (ST) Minor Rape of a minor girl Assam Regiment https://www.telegraphindia.com/states/north-east/jawan-arrested-for-rape/cid/1440098
6 02-Mar-13 Arunachal Pradesh 1 Scheduled Tribe (ST) Minor (12 years) Rape of a minor girl IRBN https://www.thehindu.com/news/national/other-states/girl-student-forced-to-drink-alcohol-and-raped-by-irb-man/article4476074.ece
7 08-Jul-10 Arunachal Pradesh 1 General Major Rape and murder of Dolly Chetri SSB http://www.arunachaltimes.in/archives/jul%2026%20.html 
8 20-Oct-07 Arunachal Pradesh 2 Scheduled Tribe (ST) All Minors Molestation ITBP https://www.oneindia.com/2007/10/23/students-protest-against-alleged-molestation-by-itbp-jawan-1193204379.html
9 May-06 Arunachal Pradesh 1 Scheduled Tribe (ST) Minor (12 years) Gang rape of a minor girl Rajputna Rifles https://www.oneindia.com/2006/05/20/army-jawans-arrested-for-rape-1148122486.html
10 05-Jun-19 Assam 1 Unknown Minor (7 years) Molestation BSF https://www.pratidintime.com/bsf-jawan-allegedly-molests-7-year-old-in-mankachar/
11 13-Apr-18 Assam 1 Unknown Minor (14 years) Rape in police custody Police https://indianexpress.com/article/north-east-india/assam/assam-14-year-old-accuses-police-officer-of-rape-5170264/
12 12-Oct-17 Assam 1 Unknown Major Rape and murder BSF https://www.hindustantimes.com/india-news/diksha-murder-case-assam-police-arrests-bsf-jawan/story-toeCcSaIUcstSnJbe16KCK.html
13 10-Aug-15 Assam 1 Scheduled Tribe (ST) Major Rape of a pregnant woman Army personnel https://timesofindia.indiatimes.com/city/guwahati/Pregnant-woman-raped-by-Army-jawan-in-Kokrajhar/articleshow/48428540.cms
14 06-Apr-15 Assam 3 Scheduled Tribe (ST) 2 Major
1 Minor (13 years)
Gang rape of three tribal women Jat Regiment https://www.dnaindia.com/india/report-assam-rape-accused-army-jawan-commits-suicide-2077225
15 15-Sep-13 Assam 1 Unknown Major Attempt to rape Army personnel https://www.indiatoday.in/india/northeast/story/army-jawan-held-for-rape-attempt-in-train-assam-211106-2013-09-15
16 Jun-13 Assam 1 Unknown Minor sexual assault of a girl by five army personnel Army personnel https://www.indiatvnews.com/news/india/five-army-jawans-arrested-for-sexually-assaulting-girl-in-assam-23850.html
17 03-Jan-13 Assam 1 Unknown Major Gang rape of a differently-abled woman CRPF https://www.indiatoday.in/india/northeast/story/crpf-jawan-arrested-for-raping-differently-abled-woman-150771-2013-01-04
18 13-Jul-12 Assam 1 Unknown Minor Attempt to rape Army personnel https://timesofindia.indiatimes.com/city/guwahati/Army-jawan-caught-molesting-girl-in-Assam-held-Police/articleshow/14938165.cms
19 10-Sep-11 Assam 1 Scheduled Tribe (ST) Major (35 years) Gang rape of a deaf and dumb tribal woman SSB https://timesofindia.indiatimes.com/city/guwahati/Rape-slur-on-SSB-jawans/articleshow/9952160.cms?referral=PM
20 18-Jul-11 Assam 1 Scheduled Tribe (ST) Major Rape Police https://www.telegraphindia.com/north-east/rohmoria-oc-held-on-rape-charge/cid/372545#:~:text=Dibrugarh%2C%20July%2018%3A%20The%20officer,a%20married%20woman%20of%20Rohmoria. 
21 20-Apr-11 Assam 1 Scheduled Tribe (ST) Major Gang rape Dogra Regiment https://www.telegraphindia.com/states/north-east/tardy-rape-probe-rued/cid/396076
22 18-Jul-10 Assam 1 Other Backward Community (OBC) Major (33 years) Rape in custody Police Complaint of Asian Centre for Human Rights to National Human Rights Commission, 21 July 2010
23 16-Mar-08 Assam 2 Unknown All Minors Stripping and sexual abuse Police http://www.uncat.org/wp-content/uploads/2019/05/torture2009.pdf 
24 01-Feb-07 Assam 1 Unknown Major Rape Police NHRC Case No. 21/3/11/07-08-WC
25 07-Feb-05 Assam 1 Scheduled Tribe (ST) Minor (12 years) Rape Assam Rifle https://www.outlookindia.com/newswire/story/12-year-old-allegedly-raped-by-assam-rifles-constable/278778
26 29-Jun-04 Assam 1 Scheduled Tribe (ST) Major Gang rape of a pregnant Adivasi woman Army personnel https://www.telegraphindia.com/north-east/jawans-rape-adivasi-in-gossaigaon/cid/734588 
27 Nov-03 Assam 1 Scheduled Tribe (ST) Major (21 years) Rape of a mentally retarded tribal woman Army personnel https://www.rediff.com/news/2003/nov/27assam1.htm
28 08-Aug-03 Assam 1 Scheduled Tribe (ST) Major (23 years) Gang rape Army personnel NHRC Case No. 52/3/2003-2004-AF
29 04-Jan-03 Assam 1 Unknown Minor Gang rape of a handicap girl CRPF NHRC Case No. 14/3/12/2013-PF
30 19-Jun-02 Assam 3 Scheduled Tribe (ST) All Minors Attempt to rape Army personnel https://khrw.wordpress.com/human-rights-violation/ 
31 27-Jul-20 Chhattisgarh 1 Scheduled Tribe (ST) Major (21 years) Rape CRPF https://www.deccanherald.com/national/north-and-central/crpf-jawan-held-for-raping-tribal-woman-in-chhattisgarh-867647.html
32 23-May-18 Chhattisgarh 3 Unknown All minors Molestation of three tribal minor girls ITBP https://www.business-standard.com/article/pti-stories/c-garh-itbp-jawans-accused-of-molesting-three-minor-girls-118052401388_1.html
33 31-Jul-17 Chhattisgarh 16 Scheduled Tribe (ST) All minors Mass sexual assault on 16 tribal girls CRPF https://scroll.in/article/913445/how-chhattisgarh-schoolgirls-who-accused-crpf-men-of-sexual-assault-were-denied-justice
34 01-Mar-17 Chhattisgarh 1 Scheduled Tribe (ST) Minor (14 years) Gang rape Security Forces https://thewire.in/politics/villagers-in-chhattisgarh-traumatised-allege-security-forces-rape-14-year-old-girl
35 13-Jun-16 Chhattisgarh 1 Scheduled Tribe (ST) Major (23 years) Rape and murder Security Forces https://scroll.in/article/813146/discrepancies-in-two-postmortems-of-young-woman-killed-by-chhattisgarh-police 
36 11-14-Jan-16 Chhattisgarh 13 Scheduled Tribe (ST) All majors Mass/gang rape of 13 Adivasi women Security Forces https://amnesty.org.in/news-update/chhattisgarh-must-investigate-police-inaction-sexual-assault-case/ 
37 19-24-Oct-15 Chhattisgarh 40 Scheduled Tribe (ST) 39 majors

1 minor

Mass rape, sexual and physical assaults of at least 40 Adivasi women Police https://indianexpress.com/article/india/india-news-india/bijapur-policemen-raped-women-indulged-in-loot/
38 Oct-11 Chhattisgarh 1 Scheduled Tribe (ST) Major (36 years) Stripping and sexual abuse Police https://www.indiatoday.in/india/north/story/soni-sori-joins-aap-says-i-was-stripped-naked-and-given-electric-shocks-in-jail-181720-2014-02-19
39 06-Jul-11 Chhattisgarh 1 Scheduled Tribe (ST) Minor (16 years) Gang rape and murder Police https://indianexpress.com/article/india/india-others/rape-and-murder-in-maoist-zone-many-cops-probed-few-punished/
40 29-Apr-11 Chhattisgarh 2 Scheduled Tribe (ST) All minors (15, 17 years) Rape Counter Terrorism and Jungle Warfare (CTJW) https://timesofindia.indiatimes.com/india/2-Chhattisgarh-cops-held-for-rape/articleshow/8131119.cms 
41 Mar-11 Chhattisgarh 3 Scheduled Tribe (ST) All majors Mass/gang rape SPOs https://indianexpress.com/article/india/india-others/rape-and-murder-in-maoist-zone-many-cops-probed-few-punished/
42 09-Nov-10 Chhattisgarh 2 Unknown 1 major

1 minor

Gang rape Police http://www.uncat.org/wp-content/uploads/2019/05/torture2011.pdf
43 12-Oct-10 Chhattisgarh 1 Scheduled Tribe (ST) Major Gang rape Koya Commandos http://www.uncat.org/wp-content/uploads/2019/05/torture2011.pdf
44 Jun-08 Chhattisgarh 3 Scheduled Tribe (ST) All majors Mass rape SPOs http://www.aitpn.org/wp-content/uploads/2019/10/Tribal_Peoples_2009.pdf 
45 Jan-08 Chhattisgarh 1 Scheduled Tribe (ST) Minor (17 years) Gang rape Police https://www.thehindu.com/news/national/other-states/acquitted-after-7-years-tribal-woman-says-she-was-tortured/article7050393.ece
46 Jul-07 Chhattisgarh 2 Scheduled Tribe (ST) All major Gang rape SPOs https://indianexpress.com/article/india/india-others/rape-and-murder-in-maoist-zone-many-cops-probed-few-punished/
47 03-Feb-07 Chhattisgarh 1 Scheduled Tribe (ST) Major Gang rape Mizoram IRBN http://www.aitpn.org/wp-content/uploads/2019/10/Tribal_Report2008.pdf
48 28-Apr-18 Jammu & Kashmir 1 Unknown Major Rape CRPF https://www.greaterkashmir.com/news/jammu/woman-alleges-rape-by-crpf-trooper-in-jammu-case-registered/
49 14-Apr-18 Jammu & Kashmir 1 Unknown Minor (17 years)  Abduction Sikh Regiment https://kashmirlife.net/police-arrests-soldier-for-abducting-minor-in-mendhar-sector-171549/
50 12-Apr-16 Jammu & Kashmir 1 Unknown Minor Molestation Rashtriya Rifles https://kashmirreader.com/2016/04/28/handwara-girl-prisoner-of-the-state-of-affairs/
51 19-Jul-11 Jammu & Kashmir 1 Unknown Major Gang rape Army Personnel https://www.outlookindia.com/newswire/story/guilty-wont-be-spared-omar-on-rape-charge-on-army/728450
52 04-Sep-10 Jammu & Kashmir 1 Unknown Minor (17 years) Sexual assault Police https://www.hindustantimes.com/india/cop-arrested-for-sexual-assault-of-a-teenager-in-udhampur/story-G0uSMmVy29FmrUKVyMraYI.html
53 Jun-09 Jammu & Kashmir 1 Unknown Minor (16 years) Rape IRBN NHRC Case No. 43/9/3/09-10-AR
54 29-May-09 Jammu & Kashmir 2 Unknown All majors Rape and murder Police https://2009-2017.state.gov/j/drl/rls/hrrpt/2009/sca/136087.htm 
55 01-Jun-08 Jammu & Kashmir 1 Unknown Minor (17 years) Gang rape Police NHRC Case No. 50/9/5/08-09-WC
56 20-Jan-07 Jammu & Kashmir 1 Unknown Minor Rape CRPF https://www.news18.com/news/india/crpf-jawan-rapes-minor-arrested-256764.html
57 06-Nov-04 Jammu & Kashmir 2 General 1 major

1 minor (12 years)

Rape Army Personnel https://zeenews.india.com/home/handwara-rape-case-court-martial-against-major-begins_192472.html
58 04-Nov-04 Jammu & Kashmir 1 General Major Gang rape Security Forces https://www.amnesty.org/download/Documents/84000/asa200252005en.pdf 
59 27-Oct-04 Jammu & Kashmir 1 Unknown Major (20 years) Gang rape Army Personnel https://www.outlookindia.com/newswire/story/army-to-hold-inquiry-into-gang-rape-incident-in-kashmir/258507 
60 03-Jul-04 Jammu & Kashmir 1 Unknown Minor Rape Police https://www.onebillionrising.org/42830/appeal-for-an-independent-international-enquiry-into-all-the-sexual-violence-cases-in-jammu-and-kashmir-from-kunan-poshpora-to-kathua/ 
61 16-Apr-02 Jammu & Kashmir 1 Unknown Minor (17 years) Gang rape BSF https://www.tribuneindia.com/2002/20020421/main4.htm
62 09-Feb-02 Jammu & Kashmir 1 Unknown Major Rape of a pregnant woman Rashtriya Rifles https://www.onebillionrising.org/42830/appeal-for-an-independent-international-enquiry-into-all-the-sexual-violence-cases-in-jammu-and-kashmir-from-kunan-poshpora-to-kathua/ 
63 03-Jun-01 Jammu & Kashmir 3 Unknown All majors Gang rape Rashtriya Rifles https://www.onebillionrising.org/42830/appeal-for-an-independent-international-enquiry-into-all-the-sexual-violence-cases-in-jammu-and-kashmir-from-kunan-poshpora-to-kathua/ 
64 15-May-19 Jharkhand 1 Unknown Minor Gang rape and trafficking Police https://www.hindustantimes.com/india-news/four-policemen-among-suspects-in-rape-trafficking-of-minor/story-wBntf74db92E8m1NUkBg0J.html
65 13-Mar-18 Jharkhand 1 Unknown Major Gang rape Police NHRC Case No.388/34/4/2018-WC
66 08-Sep-14 Jharkhand 1 Scheduled Tribe Major (25 years) Molestation CRPF https://indianexpress.com/article/india/india-others/adivasi-leaders-demand-probe-into-alleged-molestation-by-crpf-jawan-in-jharkhand-district/
67 Sep-14 Jharkhand 1 Scheduled Tribe Major Molestation JAP https://indianexpress.com/article/india/india-others/adivasi-leaders-demand-probe-into-alleged-molestation-by-crpf-jawan-in-jharkhand-district/
68 Apr-13 Jharkhand 3 Unknown All majors Molestation Police https://www.indiatvnews.com/news/india/7-cops-suspended-on-molestation-charges-in-jharkhand-21955.html
69 24-Jan-08 Jharkhand 1 Scheduled Tribe (ST) Minor (10 years) Rape Police http://www.aitpn.org/wp-content/uploads/2019/10/Tribal_Peoples_2009.pdf 
70 13-Jul-01 Jharkhand 1 Scheduled Tribe (ST) Major Rape Police https://nhrc.nic.in/sites/default/files/AR03-04ENG.pdf
71 18-Nov-19 Manipur 1 Scheduled Tribe (ST) Major Stripping and sexual assault Assam Rifles https://www.nationalheraldindia.com/india/manipur-woman-sexual-assault-case-mhrc-directs-dgp-to-file-status-report-by-dec-21
72 14-May-13 Manipur 1 Unknown Major Molestation and attempt to rape CRPF http://e-pao.net/GP.asp?src=2..160513.may13
73 20-Oct-12 Manipur 1 Unknown Minor Molestation and attempt to rape Manipur Police Commando http://e-pao.net/GP.asp?src=1..020213.feb13
74 21-Mar-12 Manipur 1 Scheduled Tribe (ST) Major (40 years) Abduction and gang rape IRBN https://zeenews.india.com/news/north-east/four-persons-arrested-for-alleged-rape-in-manipur_765960.html
75 14-Jul-11 Manipur 1 Unknown Major (18 years) Abduction & gang rape IRBN https://humanrightsmanipur.files.wordpress.com/2014/01/manipur-perils-of-war-and-womanhood1.pdf
76 09-Nov-10 Manipur 1 Unknown Major (36 years) Rape Army personnel https://humanrightsmanipur.files.wordpress.com/2014/01/manipur-perils-of-war-and-womanhood1.pdf
77 13-Mar-07 Manipur 1 Scheduled Tribe (ST) Major (18 years) Rape 38 Assam Rifles http://www.e-pao.net/GP.asp?src=1..150307.mar07
78 21-Feb-06 Manipur 1 General Major Gang rape Manipur Police Commando https://www.hrw.org/reports/2008/india0908/4.htm
79 27-Sep-05 Manipur 2 General All majors (19 years) Gang rape Security Forces https://shodhganga.inflibnet.ac.in/bitstream/10603/65419/10/10_chapter%203.pdf
80 30-Jul-05 Manipur 3 Unknown All majors Sexual assault Security Forces https://shodhganga.inflibnet.ac.in/bitstream/10603/65419/10/10_chapter%203.pdf  
81 22-Jan-05 Manipur 1 Unknown Major Rape Manipur Rifles https://humanrightsmanipur.files.wordpress.com/2014/01/manipur-perils-of-war-and-womanhood1.pdf
82 17-Jan-05 Manipur 1 General Major (22 years) Sexual harassment Grenadier Rifles https://lib.ohchr.org/HRBodies/UPR/Documents/Session1/IN/COHR_IND_UPR_S1_2008anx_Annex%20XV_Cases%20of%20Human%20Rights%20Violations%20in%20Manipur%20till.pdf     
83 12-Feb-04 Manipur 1 Unknown Major Rape IRBN https://shodhganga.inflibnet.ac.in/bitstream/10603/65419/10/10_chapter%203.pdf 
84 14-Jan-04 Manipur 1 Unknown Minor Rape Police http://www.e-pao.net/GP.asp?src=7.13.090404.apr04
85 10-11 July 2004 Manipur 1 General Major Gang rape and murder Assam Rifles https://bhrpc.files.wordpress.com/2014/11/manoramreport.pdf 
86 04-Oct-03 Manipur 1 General Minor (15 years) Gang rape Army personnel https://sci.gov.in/supremecourt/2012/29000/29000_2012_Judgement_14-Jul-2017.pdf
87 30-Jun-02 Manipur 1 General Major Suicide following gang rape Manipur Rifles https://shodhganga.inflibnet.ac.in/bitstream/10603/65419/10/10_chapter%203.pdf 
88 06-Oct-01 Manipur 1 General Major Rape Assam Rifles https://vlex.in/vid/meinam-ongbi-bina-devi-577366662 
89 20-Jan-17 Maharashtra 2 Scheduled Tribe (ST) All majors Gang rape Police https://scroll.in/article/827999/gadchiroli-cops-rescue-two-women-from-lawyers-office-as-they-mull-filing-rape-case-against-forces
90 02-Feb-18 Meghalaya 1 Unknown Major Rape Police https://www.thehindu.com/news/national/other-states/another-rape-case-rocks-meghalaya-policeman-held/article23543203.ece
91 12-Oct-14 Meghalaya 1 Unknown Minor (17 years) Molestation Police https://www.business-standard.com/article/news-ians/meghalaya-police-officer-arrested-for-molesting-minor-114101301285_1.html
92 28-Dec-13 Meghalaya 1 Unknown Minor Gang rape Police https://www.business-standard.com/article/news-ians/three-meghalaya-cops-arrested-for-sexual-assault-114010400678_1.html
93 13-Mar-13 Meghalaya 2 Unknown All minors (14, 17 years) Rape Police https://www.news18.com/news/india/meghalaya-police-officer-rapes-two-minor-girls-617663.html
94 06-Feb-11 Meghalaya 1 Unknown Minor (14 years) Gang rape BSF https://meghalayatimes.info/rape-accused-bsf-personnel-located-in-wb/
95 22-Jan-10 Meghalaya 1 Unknown Major Rape Assam Rifles NHRC Case No. 3/15/3/2011-PF
96 01-Jul-20 Odisha 1 Scheduled Tribe (ST) Minor (13 years) Rape Police https://timesofindia.indiatimes.com/city/bhubaneswar/former-inspector-dismissed-for-raping-minor-inside-police-station-in-odisha/articleshowprint/76723659.cms
97 24-Feb-20 Odisha 1 Unknown Major Rape BSF https://www.indiatoday.in/crime/story/odisha-bsf-jawan-arrested-raping-woman-marriage-1649670-2020-02-25
98 10-Feb-19 Odisha 1 Unknown Minor (15 years) Rape Police https://timesofindia.indiatimes.com/city/bhubaneswar/police-among-2-arrested-for-teen-gang-rape-in-odishas-bargarh-district/articleshow/67948594.cms 
99 10-Oct-17 Odisha 1 Scheduled Caste (Dalit) Minor Gang rape Security Forces https://cjp.org.in/waging-wars-on-womens-bodies/
100 12-Feb-10 Odisha 1 Scheduled Tribe (ST) Major (20 years) Gang rape Security Forces http://www.sacw.net/article1593.html
101 09-Aug-20 Tripura 1 Unknown Minor (17 years) Rape CRPF https://www.hindustantimes.com/india-news/crpf-jawan-accused-of-rape-by-minor-girl-in-tripura-case-lodged/story-oF7DMe2suScBH2bej7NKTP.html
102 08-Apr-17 Tripura 2 Scheduled Tribe (ST) All majors Rape BSF http://www.uniindia.com/bsf-jawans-accused-of-rape-of-two-tribal-ladies/other/news/840391.html
103 17-Mar-17 Tripura 1 Scheduled Tribe (ST) Major Shot dead for resisting molestation BSF https://www.thehindu.com/news/national/other-states/bsf-jawans-in-row-over-death-of-3-tribals-in-tripura/article17527733.ece
104 22-Jul-16 Tripura 1 General Major Shot dead for resisting rape BSF https://www.thehindu.com/news/national/other-states/BSF-men-alleged-to-have-killed-young-woman-after-rape-attempt/article14503042.ece
105 11-Nov-11 Tripura 1 Unknown Minor (15 years) Rape Police NHRC Case No. 61/23/5/2011-WC
106 23-Feb-11 Tripura 1 Scheduled Tribe (ST) Minor (15 years) Rape TSR NCPCR Case No. TR-19023/21623/2010-11/COMP
107 19-Feb-11 Tripura 1 Scheduled Tribe (ST) Major (27 years) Rape and murder TSR See NHRC Case No. 8/23/4/2011-PF
108 30-Nov-10 Tripura 2 General 1 Major

1 Minor (16 years)

Mother shot dead for resisting rape attempt on her minor daughter BSF https://timesofindia.indiatimes.com/india/NHRC-raps-BSF-for-rape-and-murder-by-jawans/articleshowprint/22016568.cms
109 27-Oct-10 Tripura 1 Unknown Minor (14 years) Rape Police http://www.assamtribune.com/scripts/detailsnew.asp?id=oct2910/at044 
110 04-Jun-09 Tripura 2 Scheduled Tribe (ST) All minors Gang rape SPOs NHRC Case No. 8/23/4/09-10-AR
111 12-Mar-08 Tripura 1 Scheduled Tribe (ST) Major (21 years) Rape and murder SPOs http://www.aitpn.org/wp-content/uploads/2019/10/Tribal_Peoples_2009.pdf  
112 May-04 Tripura 3 Scheduled Tribe (ST) All majors Gang rape CRPF https://www.telegraphindia.com/states/north-east/rape-slur-on-crpf-jawans-iftar-donation/cid/704728
113 26-May-03 Tripura 1 Scheduled Tribe (ST) Minor (16 years) Gang rape SPOs https://nhrc.nic.in/press-release/2-tripura-government-pays-compensation-gang-rape-victim 
114 Oct-01 Tripura 1 Scheduled Tribe (ST) Major (20 years) Rape Police https://timesofindia.indiatimes.com/city/kolkata/HC-orders-probe-into-custody-rape-charge/articleshowprint/1281889324.cms
Total 224

An analysis of these 114 cases of sexual violence shows that the maximum cases were reported from Assam (21) followed by Manipur (18), Chhattisgarh (17), Jammu & Kashmir (16); Tripura (14); Jharkhand (7) and Meghalaya (6); Arunachal Pradesh (6); Odisha (5); Andhra Pradesh (3) and Maharashtra (1).

An analysis of these 114 cases of sexual violence also reveal that a total of 224 women and girls were victimised. The maximum number of victims were reported from Chhattisgarh (92 victims); Assam (26 victims); Manipur (21 victims); Jammu & Kashmir (20 victims); Tripura (19 victims); Andhra Pradesh (16 victims); Jharkhand (nine victims); Meghalaya (seven victims); Arunachal Pradesh (seven victims); Odisha (five victims); and Maharashtra (two victims).

The violence against women included 42 cases of gang rape, six cases of murder, three cases of rape of pregnant women, four cases of rape of differently-abled, three cases of being shot dead for resisting molestation and rape, attempt to rape, stripping, molestation etc.

Minor girls were particularly vulnerable to sexual violence and 74 out of the 224 total victims constituting 33% were minor girls between 7 -17 years.

Tribal women and girls were disproportionate victims as 156 out of the 224 total victims constituting 69.6% were tribals.

The perpetrators of sexual violence against women by the state actors included persons serving with the Indian Army, Central Reserve Police Force (CRPF), Sashastra Seema Bal (SSB), Indo-Tibetan Border Police (ITBP), Border Security Force (BSF), Assam Rifles (AR), Indian Reserve Battalion (IRBN), Jammu and Kashmir Light Infantry (JKLI), the State police, Greyhounds Special Police of Andhra Pradesh, Special Police Officers (SPO), Jharkhand Armed Police (JAP), State Police Commandos, Manipur Rifles, Tripura State Rifles (TSR), and the Special Operation Group (SOG).

Members of the armed opposition groups (AOGs) were also responsible for rape and other sexual violence. There were reports of forced marriage and rape in Jammu & Kashmir by the AOGs, mass rape of tribal women by the members of United National Liberation Front (UNLF) in Manipur, killing for resisting rape attempt by the AOGs in Meghalaya; and rape and sexual exploitation by the Maoists. The perpetrators of sexual violence against women by the non-state actors included Borok National Convention of Tripura (BNCT), Laskhar-e-Toiba, Hizb-ul-Mujahideen, United National Liberation Front (UNLF), Garo National Liberation Army (GNLA), United Liberation Front of Asom (ULFA), and the Maoists.

The Government of India provided impunity to the security forces while it failed to bring the members of the AOGs to justice.

The members of the Indian Army and the armed forces enjoyed immunity from prosecution through the requirement of prior sanction of the appropriate authorities under section 197 CrPC[3] and under section 45 of the CrPC[4] until the enactment of the Criminal Law Amendment Act, 2013.  Further, Section 6 of the Armed Forces Special Powers Act (AFSPA), 1958[5] and Section 7 of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990[6] also provided similar immunity through the requirement of prior sanction.

The denial of permission for prosecution of the members of the armed forces personnel serving in disturbed areas, for the offences of rape and murder under Section 6 of the AFSPA is an admitted fact. Replying to a question on the number of requests for sanction of prosecution received by Government for the prosecution of armed forces personnel serving in disturbed areas, then Defence Minister Late Manohar Parrikar in a written reply dated 24 February 2015 before the Rajya Sabha stated that permission was denied in 30 out of the total 38 requests for sanction of prosecution received under the AFSPA during 16 June 1991 to till date while requests in 8 case were pending.[7] Subsequently, the Minister of State in the Ministry of Defence Dr. Subhash Bhamre in a written reply in the Rajya Sabha on 1 January 2018 stated that permission for the prosecution was denied in 47 out of total 50 requests, including four cases of molestation and rape, received from the J&K Government during 2001–2016 for prosecution sanction against armed forces personnel under the AFSPA while requests in three cases were pending as on 1 January 2018.[8] It implies that no sanction under the AFSPA had been given ever.

Consequently, India’s failure to implement the UNSC Resolution 1325 of 2000 has been repeatedly highlighted at national and international level.

In her report dated 1 April 2014 to the United Nations Human Rights Council (UNHRC) during the twenty-sixth session, the United Nations Special Rapporteur (UNSR) on violence against women following her mission to India during 22 April – 1 May 2013 stated that “Women living in militarized regions, such as Jammu and Kashmir and the north-eastern states, live in a constant state of siege and surveillance, whether in their homes or in public. Information received through both written and oral testimonies highlighted the use of mass rape, allegedly by members of the State security forces, as well as acts of enforced disappearance, killings and acts of torture and ill-treatment, which were used to intimidate and to counteract political opposition and insurgency”.[9]

India rejected the report of the UNSR on Violence Against Women as ‘baseless’ and ‘full of sweeping generalisations’[10] and did not implement the recommendations.

India also did not implement the recommendations made by the Committee for Elimination of Discrimination Against Women (CEDAW) on 24 July 2014 for addressing violence against women in conflict situations.[11] Despite reminders on 6 December 2016[12] and 21 September 2017,[13] India has so far failed to give information to the CEDAW on measures taken to prevent and protect women and girls from violence, including sexual violence, during military operations in areas declared “disturbed” under the AFSPA.

India even refused to implement the key recommendations of Justice Verma Committee established by it following the Nirbhya gang rape and murder case to amend the AFSPA to remove the requirement of prior sanction in cases of sexual assault.[14]

India enacted the Criminal Law (Amendment) Act, 2013 to implement the recommendations of the Justice Verma Committee report. While amending Section 197 of the CrPC, the Criminal Law Amendment Act of 2013 declared that “no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 166A, section 166B, section 354, section 354A, section 354B, section 354C, section 3540, section370, section375, section376, section 376A, section376C, section 3760 or section 509 of the Indian Penal Code”.[15] This implies that for rape committed by a member of the armed forces deployed in an area by the Central or a State Government under Section 376(1)(2)(c) of IPC as per the Criminal Law (Amendment) Act, 2013, prior sanction is still required. Further, prior sanction is required for prosecution including in cases of sexual offences under the AFSPA.

III. Amend the AFSPA to implementation the UNSC Resolution 1325 in India

India has denied equality before the law and equal protection of the law to the women and girls who are victims of sexual violence by the armed forces. India must therefore amend Section 197 of the CrPC as well as the Section 6 of the AFSPA to remove the requirement of prior sanction with respect to rape by a member of the armed forces deployed in an area by the Central or a State Government to fully implement UNSC resolution 1325 and ensure equality before the law and equal protection of the law.

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[1]. United Nations Security Council Resolution 1325/2000; available at: http://unscr.com/en/resolutions/doc/1325

[2]. SC pulls up centre, Manipur govt for not probing cases of rape against army men, Livemint, 18 Apr 2017; available at: https://www.livemint.com/Politics/gBhFbUy769JKeEDmRxOrCP/SC-pulls-up-centre-Manipur-govt-for-not-probing-cases-of-ra.html

[3]. See Chapter XIV “Prosecution of Judges and Public Servants” http://www.icf.indianrailways.gov.in/uploads/files/CrPC.pdf

[4]. See Chapter V “Protection of members of the Armed Forces from Arrest” at http://www.icf.indianrailways.gov.in/uploads/files/CrPC.pdf

[5]. http://mha.nic.in/sites/upload_files/mha/files/pdf/armed_forces_special_powers_act1958.pdf

[6]. http://mha.nic.in/sites/upload_files/mha/files/pdf/Armedforces%20_J&K_%20Splpowersact1990.pdf

[7]. Rajya Sabha Unstarred Question No. 59 asked by Member of Parliament by Mr. Avinash Pandey and answered on 24 February 2015 by former Defence Minister late Manohar Parrikar; available at: https://rajyasabha.nic.in/rsnew/Questions/QResult.aspx

[8]. Rajya Sabha Unstarred Question No. 1463 asked by Member of Parliament by Mr. Hussain Dalwai and answered on 1 January 2018 by Dr. Subhash Bhamre, MoS, Ministry of Defence; available at: https://rajyasabha.nic.in/rsnew/Questions/QResult.aspx

[9].Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo (A/HRC/26/38/Add.1) dated 1 April 2014 on her mission to India during 22 April – 1 May 2013; available at: https://www.ohchr.org/EN/Issues/Women/SRWomen/Pages/CountryVisits.aspx

[10]. See A/HRC/26/38/Add.4, Addendum – Mission to India: comments by the government to the report of the Special Rapporteur

[11]. The Concluding Observations of the UN CEDAW Committee on the combined fourth and fifth periodic reports of India dated 24 July 2014 are available at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/IND/CO/4-5&Lang=En

[12]. First reminder dated 6 Dec 2016 sent to India by the Rapporteur on Follow-up; available at: https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/Ind/INT_CEDAW_FUL_Ind_25972_E.pdf

[13]. Second reminder dated 21 Sept 2017 sent to India by the Rapporteur on Follow-up; available at: https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/Ind/INT_CEDAW_FUL_Ind_28967_E.pdf

[14]. Justice Verma Committee report is available at https://www.prsindia.org/uploads/media/Justice%20verma%20committee/js%20verma%20committe%20report.pdf

[15]. The Criminal Law (Amendment) Act, 2013 is available at: http://egazette.nic.in/WriteReadData/2013/E_17_2013_212.pdf

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