1. Department of Department of Humanities and Social Sciences, University of Central Punjab, Pakistan; masad.ch1992@gmail.com

*             Correspondence: masad.ch1992@gmail.com

Keywords: molestation, female, freedom fighters, Indian held Kashmir

1. INTRODUCTION

Kashmir is the unfinished agenda of partition that has recently captured the attention of the international community once more in 2019. This occurred in 2019, when India unilaterally repealed Articles 370 and 35A of its Constitution without the consent of Jammu and Kashmir State (Dash, 2021). Since more than seven decades ago, Kashmiris have been subjected to suffering as a result of the government’s refusal to allow the people choose their own future. As of right now, the youth are being mobilized in movements for independence. According to Schofield (2003), Pakistan portrayed the militants in Kashmir as “freedom fighters” while also providing moral and diplomatic support to Pakistan in order to maintain the militant movement in Kashmir. Singh asserted that the Kashmir region is among the most militarized zones in the world, and it is also the largest area that is occupied by security forces, which has resulted in the reign of terror and violence (Singh, 2016). The J&K region has been subjected to an excessive amount of militarization since 1989. Within the territory of Kashmir, there are three Indian Security Forces: the army, the Border Security Force (BSF), and the Centre Reserve Police Force (CRPF). Together, these three forces are responsible for a total of 700,000 people. According to the Office of the United Nations High Commissioner for Human Rights (2018), the presence of military personnel is established by a series of provisions in the form of immunity laws. The conflict in Kashmir has taken on a gendered dimension ever since the 1980s. The victims of prolonged conflict and disproportionate violence are women who are fighting for freedom against oppression. From 1989 until the present day, a significant number of women have been subjected to sexual assault, torture, and physical, sexual, and mental assault at the hands of the Indian Armed Forces and militant groups that have been granted legal immunity. Ganguly (2003) asserted that the sexual abuse of women in Kashmir is not an isolated incident of unprincipled armed forces; rather, it is being used as a counter-offensive strategy to humiliate and frighten the population, with families and communities being forced to witness these acts. Ganguly’s assertions were made in the context of Kashmir. It has been stated by Human Rights Watch (1993) that there is no reliable data on the number of sexual abuses that have been committed by the Indian armed forces. This is due to the fact that the majority of these abuses have taken place in rural areas. As a result of the stigma and shame associated with rape, it is common for it to go unreported and to be carried out with impunity. Asia Watch and Physicians for Human Rights (1993) found that rapes committed by militants were uncommon up until the year 1990. Beginning in 1991, there has been a rise in the number of women who have been kidnapped by rival militants or held as hostages for the sake of their male relatives. People were unable to report such incidents because they were socially isolated and feared being punished for doing so. Furthermore, thousands of women have become widows or half-widows, and they are now faced with the difficult situation of being responsible for their households along with their orphans and half-orphans. Due to the absence of their fathers, husbands, and sons, they were forced to deal with a variety of challenges, including those that were psychological, legal, and financial in nature. According to Qutab (2012), the half-widows are uncertain about whether they will wait for their spouses to return or remarry for the time being. As a consequence of this, a significant number of people who have been victims of rape and widows exhibit symptoms of post-traumatic stress disorder (PTSD). In order to analyse and interpret the underlying meanings from the content, the current study is an attempt to decode the reports that have been published by international human rights non-governmental organisations (NGOs), such as the United Nations Office of the High Commissioner for Human Rights (OHCHR), Human Rights Watch (HRW), and Amnesty International (AI), as well as other discourse that has been published in the past. In order to conduct a case study, the experiences of women in Kashmir that were discussed in the discourse were utilised. One method that has been utilised for this purpose is the qualitative content analysis. When using a summative approach, the term “latent content analysis” refers to the process of interpreting and contextualising the data.

2. LITERATURE REVIEW

Violence against women in conflict zones, especially sexual abuse, is different from violence against men because men experience different things. In Kashmir, outfitted troops have immunity. They cause civil society destruction, large-scale violence, repression, and rape. Militarization reinforces masculinity (Kazi, 2011). Many Kashmiri women have been sexually abused by Indian soldiers (Khan, 2001). The intractable Kashmir conflict has harmed women’s security. Massive militarization in Jammu and Kashmir led to sexual harassment and violence against women (Abid & Ashfaq, 2016). When the insurgency began in the early 1990s, security forces used rape to threaten, degrade, humiliate, and coerce people into submission and suppress their struggle (Batool et al., 2016). According to OHCHR, survivors and a local administrator reported that the Indian army gang-raped 23 women in Kunan and Poshpura villages of Kupwara district on February 23, 1991. The Indian government and military denied this. Raped women are victimised by the rapist and their society, Ramachandran said. Another name for Kunan Poshpura is “village of raped women”. The majority of village women were unmarried. Some marry older men and are called vile names. Young men won’t marry from the village of raped women. These stigmas affect both women and their children (Vanniasinkam, 2010). According to “Rape in Kashmir: A Crime of War,” the Indian government has oppressed Kashmiris, resulting in massive human rights abuses. Potential victims may be shot, homes and property burned, and women raped without charges. No reliable statistics exist of unpunished sexual abuse by Indian security forces in remote areas (Asia Watch & Physicians for Human Rights, 1993). India has used curfews, crackdowns, fake encounters, target killings, inhuman brutal treatment, torture, rape, molestation, sexual abuse, and forced disappearance with impunity to maintain its control over Kashmiris (Wani & Sanskar, 2016). Women are honoured in Kashmiri culture. When honour is violated, society is outraged but fails to help the victimised women. Women’s persecution, especially during wars, is ignored (Ubbott, 2009). Due to their massive presence in the Vale, the Indian military has committed many rapes since 1990, according to “Rape, Impunity and Justice in Kashmir”. They are immune from prosecution due to weak judicial and civilian authority, compliant and uncritical media, and fear of retribution. Cultural female ‘honour’ deters perpetrators (Kazi, 2014). Women in Kashmir have been physically, mentally, and socially traumatised, but the killings and mass disappearances of men in households have indirectly affected them, according to Shekhawat. Widows, bereaved mothers, and sole breadwinners (Shekhawat, 2014). Butalia says much historical and analytical literature mentions women little. Women rarely start wars, but they and their children suffer the most. Unfortunately, their voices are ignored. Many half-widows, widows, grieved mothers (who have lost their sons), young women who have been raped, breadwinners, women in fear of their lives, and women with medical and psychological conditions, stress, and trauma live in the Vale (Butalia, 2002). APDP reports that 6000 young men are missing, and women behind them faced all the challenges. The sources of all statistics on deaths, disappearances, widows, and rapes vary greatly (Raina, 2009). “Kashmir in Conflict India, Pakistan and the Unending War” author Schofield called women the invisible losers. Many widowed women have lost their husbands, leaving them as breadwinners and unable to grieve or remarry. They have orphans and half-orphans (Schofield, 2003). According to Suri, mindless violence has created an army of widows and half-widows. A rough estimate puts 25,000 widows and 40,000 orphans in Kashmir. In Kupwara, Dardpora is known as a widow village. Half-widows rarely learn about missing husbands (Suri, 2009). Zia said Kashmiri women wait for their sons at home by leaving their doors open. Mothers and half-widows brave courts, military camps, mortuaries, and collective mourning for their missing relatives. APDP estimated 8,000–10,000 Kashmiri men disappeared since 1989. Kashmiri women and APDP activists hold photos of their loved ones and cry in front of Indian troops and international journalists against the government’s threatening silence (Zia, 2019). The Kashmir war destroyed infrastructure, displaced people, and killed women, affecting their education (Parlow, 2011). Suri wrote in Kashmir: New Voices, New Approaches that the conflict has affected women psychologically, emotionally, economically, and educationally. They participated in mass protests and suffered the most from the conflict. They favour peacebuilding. However, most Kashmir literature ignored them (Suri, 2009). Women’s psychiatric disorders have skyrocketed since 1989. The Valley’s only mental hospital is in Srinagar. About 1700 patients visited the hospital in 1989. The number reached 48,000 by 2003. Between 2003 and 2012, no expert estimated the ratio. The data only account for one hospital in one city and those women who reach out to it (Tamim, 2016 Sep. 3).

3. THEORETICAL PERSPECTIVE

Since the late 1980s, IR has adopted a feminist security approach that was previously ignored. Feminists examine war’s causes and effects on women. According to Sylvester (2010), traditional security studies neglected gender, while feminist scholars expanded the scope to address violence against women. Militarization transcends war. Militaryization costs more lives than war, which kills and displaces civilians. Women are greatly affected by this. Widows, mothers, and humiliated civilians were raped and killed (Chenoy, 2002). Military is used decisively “to suppress people’s just demands for a humane society,” says Roland Simbulan. It implies human rights violations due to the presence or saturation of soldiers. The main pretext of militarization is political stability, national security, or other goals, but its real goal is regime maintenance. Enloe (1990) claims the ‘ideology of militarism’ is gendered. To sustain militarism, masculinist values emerge. Militarization is ingrained in society. Sjoberg and Via (2010) argued that while war is a crucial aspect of militarism, it also extends beyond war and into social and political life. Military bases compromised women’s security, according to Enloe (1990). War makes women more vulnerable than men. Sexual assault has occurred. According to Peterson and Runyan (1999), militarization occurs when military practises enter public space. Long-term conflicts led to population displacement, militarization, human rights violations, sexual abuses, and HIV infections. According to Norville (2011), women cannot participate in wars without being affected. Because of their unique suffering, women are often considered conflict victims. It affects them more than men. Physical and sexual abuse and military prostitution are the worst forms of gender discrimination. Women die too. Their many war roles are ignored by treating them as victims rather than participants. Conflict affects gender roles. Security has different meanings. During conflict, women must address rape and sexual violence from both enemies and allies (Ruiz, 2005). Enloe is of the view that wartime rapes impact the security of women. Even, the women are used as weapons of war. Rape as a war crime is identical to genocide (Pankhurst, 2010). Collective or gang rapes are intended to mobilize and encourage the troops to feel like a group and give an effective outlet to their natural drive. Shepherd (2010) averred that rape as a weapon of war boost the armed forces. It is not just the sexual frustration of armed forces but it is used as a strategic tool to intimidate, humiliate, politically terrorize, extract information, reward soldiers and ethnic cleansing. Moreover, wartime rapes against women are underreported. Nduwimana (n.d.) expounds that it goes beyond physical and emotional damage leading towards social insubordination, restricting women to public life, involving in opportunities to empower them and providing them with space to get their voice heard. Bastick, Grimm & Kunz (2001) viewed that committing a crime of sexual violence is a systematic act to torment, disgrace and debase not only women but families and communities where the men are ashamed of failing to protect ‘their women’. The adversary destroys familial and societal structures mostly when these acts are performed in public by forcing the family members to observe each other’s rape and inciting other people to commit such acts of sexual violence. Goldstein (2001) viewed that sexual abuse of women of ‘other’ community is considered as ultimate humiliation, a stamp of conquest. As per Sjoberg & Martin (2007), it is assumed that war is fought to protect women. But women are gravely affected by the wars. On the other hand, who is going to protect women that are displaced, victimized by disproportionate physical and sexual abuse and rape. Wars are not fought for women but through women or more specifically their bodies in order to spread mass terror. Women and their bodies are being dehumanized as territories to be seized and conquered. They are restricted to the role of community’s honour is at their backs. Disgracing their bodies through statuary offenses is to chastise and humiliate the entire community of adversary group. Along with the physical defiling, the psychological trauma of rape is twice, once when women are sexually abused and then they are condemned by the patriarchy

4. Militarization and Gendered Violence

The Indian military’s installation and counter-insurgency law have turned Kashmiris’ desire for a referendum in the Vale into insurgency, allowing large-scale human rights violations. Kashmiri intifada has swept J&K, a separatist hotbed. The JKLF, founded in 1994 from Azad Kashmir, was a political organisation and engaged in armed militancy since 1989 with HM support. In 1989, Dr. Rubaiya Sayeed, daughter of Mufti Muhammad Sayeed, was kidnapped, security forces were targeted, and curfews were defied in the Vale. As Chowdhary (2014) states, this changed the conflict from interstate to internal. Cheng (2011) claims that Kashmiri Pandits were targeted in 1990, causing mass migration to Jammu. Indian government retaliated harshly. The second phase (1996–98) of insurgency was countered by massive troops, strikes, lockdowns, harassment, house searches, and urban “normalcy,” according to Bose (2003). During the fidayeen (‘life-threatening’) phase of the insurgency, LeT and JeM began suicide attacks in Kashmir. Kashmir’s insurgency became a low-intensity war. The security forces received AFSPA powers to 1. 2. Use force against lawbreakers and armed people property destruction, 3. warrantless search and arrest and 4. house destruction 5. To maintain public order, shoot to kill in ‘disturbed areas’ with virtual immunity from persecution (Wani, 2013). In court, AFSPA shields Indian Forces for serious human rights violations in Kashmir. Unchecked violence and human rights abuses are common under PSA protection (AI, 2013). Asiya Andrabi and thousands of others have been detained under this law (AI, 1999). Known as “lawless law” (AI, 2019). TADA, amended in 1990, legitimises force and detention. Massive militarization in the Vale of Kashmir prevents social life. Workers work daytime. After dark, streets are empty. Cold, long evenings are depressing. Women are dominated by male security systems. Only security forces and militants have a “nightlife” (Ramachandran, 2003). In contrast, Bilkees (2018) claimed that Kashmiri women are better off than in traditional Kashmiri society. Due to Indian government efforts, women are socially and economically empowered and interested in education and politics. Militarization in Kashmir blurs the line between war zones and private spaces where women are safe. Women are victims of conflict, including sexual abuse, causalities, humiliation, and harassment, as well as indirect violence (whose male members have disappeared and their fates are unknown), which has left them bereaved mothers, widows, and half-widows with psychosomatic issues. Due to excessive militarization and violence, a generation of Kashmiris has grown, Ubbott said. Guns replaced stones (Ubbott, 2013). Kashmir’s massive militarization violated human rights. Among others, massive disappearances, custodial deaths, mass and unidentified graves, arbitrary detentions, extra-judicial killings, imprisonment of political figures and prisoners of conscience, and Security Forces destruction of houses and villages violated their basic human rights under international human rights law, the Constitution of India, and Indian law. The “disappeared” may be tortured or killed with legal immunity away from lawyers, family members, and human rights observers (AI, 1999). Detentions total 135,657 (Kashmir Media Service, August 15, 2016). A huge backlog or disregard for Habeas Corpus petitions led to human rights violations during detentions (Refworld, 1995). Killings, bombings, and massacres of minority Hindus and Sikhs have also been committed by militants. After the counter-insurgency law was implemented, troops killed scores of protesters to control the masses (HRW, 2006). Since Vale counter-insurgency laws were enforced, no Indian Security Forces persecution has been sentenced (OHCHR, 2019). Fundamental UDHR rights are denied to Jammu and Kashmiris. According to UDHR Article 3, “Everyone has the right to life, liberty and security of the person”. UDHR Article 9 states, “No one shall be subjected to arbitrary arrest, detention or exile”. According to Article 10, “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and any criminal charge against him” (AI, 1999). Feminists noted that women and men experience prolonged conflicts differently. Women are more vulnerable to sexualized violence from both enemies and peers than men. Underreported wartime rape against them. Asia Watch & Physician of Human Rights (1993) reported that rape during armed conflicts was considered incidental or privately motivated and not a crime requiring international condemnation. Rape as a war tactic in former Yugoslavia must be condemned. Indian troops rape, sexually abuse, insult, lift the veils, harass, and humiliate Kashmiri women. The Indian government denied the allegations. Insufficient independent investigation keeps scores of cases pending (AI, 2008). Raping women is a cultural, political, and psychological war weapon, according to Kazi (2014). Asia Watch & Physician of Human Rights, 1993, states that Indian Security Forces and militants have used violence against women to punish, intimidate, degrade, humiliate, and coerce enemies. In search and cordon, Indian security forces have raped scores of women (AI, 1995), threatening, terrorising, oppressing, and killing independence. Mothers, sisters, and wives of militants are harassed and raped, according to Ramachandran (2003). The UNHCR 1995 report states that “rape of women is the symbolic rape of the community, the destruction of the fundamental elements of a society and culture-the ultimate humiliation of the male enemy” (Walikhana, 2004). Honour and identity are associated with women. Hitting women hurts the community’s honour. Because men cannot defend their women, it is collective punishment. Raped women and girls are common in remote areas, making statistics unreliable. On February 23, 1991, 4th Rajputana rifles gang-raped at least 23 women aged 13–80, including a pregnant woman, in Kunan Poshpura village in Kupwara district near LoC (separating Indian and Pakistani Kashmir). A “village of raped women” with legal immunity for perpetrators. The Indian government denied the sexual assault and called it ‘terrorist propaganda’ (Crossette, April 7, 1991). In 2013, the case was ‘closed as untraced’ after 23 years (Suri, 2009). Several national and international bodies have visited the village and women featured in videos. No medical care, compensation, or support. Patriarchal society forbids marriages and taunts and abandons raped women and girls (Dewan, 2002). Article 3 of the Geneva Conventions prohibits “murder, torture and ill-treatment of non-combatants by both government and militant force” (Asia Watch & Physician of Human Rights, 1993). January 1989–January 2016 saw 10,169 Kashmiri women raped. Male separatists and politicians fail to protect women and fight for justice (Cheema, 2016; Kashmir Media Service, August 15, 2016). Due to shame, ostracism, and distrust of the legal system, they have kept quiet. The issue is ignored by human rights organisations. The silent spectators. Kashmiri human rights activist and lawyer Parvez Imroz claims that most Indian Armed Forces sexual harassment in Kashmir goes unreported (The Express Tribune, December 17, 2016). Over the years, militant rape and other crimes have become more common. Raped women suspected of opposing militants were punished. Asia Watch & Physicians for Human Rights (1993) report that these cases are not discussed for fear of retaliation. The Haryana Chief Minister, Manohar Lal Khattar, made a derogatory statement that “now we can bring Kashmiri girls for marriage” after annulling Kashmir’s Special Status in 2019 and reducing it from a state to a union territory. BJP MLA Vikram Singh Saini said, “Now anyone can marry a fair Kashnmiri girl.” “How to marry Kashmiri women” was googled often after that. These comments are debauchery and hatred of women. The statements show that misogynist, patriarchal, and regressive people view women as commodities rather than people. Also, marriage is about consent, not abrogating Article 370. Women feel more persecuted (Bhat, 2019 Aug. 21). Feminists say rape causes psychological trauma as well as physical damage. According to Ramachandran (2003), Kashmir’s psychiatric problem has tenfold increased in the last decade. Because the Indian Security Forces raped hundreds of women, women have most psychosomatic issues. Stress and disorders affect all ages in Kashmir. Before 1990, over-40s complained. Due to instability, hostility, and vulnerability, Husain (2002) believed even children could develop emotional stress and behavioural disorders. Kashmiri women suffer indirect violence. Their pain is great. No Kashmiri family is spared violence, according to Ramachandran (2003). Men are mostly dead or missing. In their absence, women struggle, face mental trauma, and rebuild their lives and homes. Over the past decade, 50,000 people were killed. Graves abound. Some families are maleless. Schofield (2015) estimated 100,000 valley killings, mostly of youth. The conflict has widowed 12,000 women, according to the J&K Confederation. Dardpura has 108 widows. Another estimate puts 22,808 widowed women and 107,550 orphans from 1989 to 2016 (Cheema, 2016; Kashmir Media Service August 15, 2016). Hussain (2002) estimated 40,000 vulnerable orphans. Mindless violence by Indian Forces has created an army of widows, says Shekhawat (2014). Barve (2002) says most widows are young and waiting for the corrupt government’s compensation process for deceased families. Sufferers received little aid. The absence of male family members also hurts women economically. Since insurgency and excessive militarization began in 1989, many Kashmiris have disappeared in Indian custody. APDP estimates 8000–10,000 Kashmiris have disappeared (D’Souza, 2016). The state authorities say APDP exaggerated the figure to under 4000 (Bhattacharya, 2016). At least 1,000 Vale disappearances were reported by Schofield (2015). If he’s alive, tell me, say the half-widows of disappeared people. If he’s dead, give me his body,” the authorities say, denying Security Forces’ counter-insurgency disappearances, arbitrary detention, and custodial deaths (HRW, 2006). Missing husbands’ half-widows receive no exgratia (Barve, 2002; AI, 2015). The half-widows and half-orphans of Kashmir are in terrible conditions. Not knowing if their counterparts are alive or dead? Return or not? The lack of marriageable men reduces their chances of remarrying. Half-widows cannot petition the court due to economic downturn. However, the Vale has many unmarked graves. At 38 sites in north Kashmir, 2,730 corpses are dumped into unidentified graves, according to 2011 SHRC data. Local Kashmiris number 574 bodies. Militants trained in Pakistan are given to villagers for burial in unmarked graves. HRW (2011) recommends an impartial investigation. Resolution 1325 on ‘Women, Peace and Security’ (2000) recognises that civilians, especially women, are disproportionately targeted in conflict. Women can also prevent, resolve, and reduce conflict, aid peacebuilding, and rebuild after conflict. This resolution urges all parties to take special measures to protect women and girls from gender-specific violence, especially rape and other forms of sexual violence during armed conflict (Report of the Secretary-General of women, peace and security, 2002). All member states must follow UN mandates, but there is no enforcement or accountability mechanism.

5. CONCLUSIONS

Women in Kashmir are particularly affected by and suffer the most from the protracted conflict. Both overt and covert forms of violence are directed towards them. Rape is employed as a tool to incite conflict. Indian Security Forces have raped tens of thousands of women in Kashmir with impunity. Numerous people lead half-widowic lives, and thousands are widows. Women are left to guard the house and raise the children by themselves when the male family members vanish or pass away. Over the course of their lifetimes, these women never stop lamenting and mourning. Furthermore, there appears to be no sign of emancipation in the near future despite more than 70 years of suffering and sacrifice. But no matter how much violence is used against them, they refuse to give up. The Indian state cannot use its overwhelming force to force the Kashmiri people to submit and give up their right to free will. During the protracted conflict in Kashmir, the Indian state must guarantee, forbid, and defend all forms of gender-based violence, including the use of rape as a weapon of war to dehumanise, humiliate, and threaten the enemy population (Kashmiris). Violence is an offence that requires legal repercussions because it violates their physical and sexual rights. It must create and put into action efficient policies to prosecute cases of sexual assault against women in Kashmir. It is imperative that those who commit acts of sexual abuse face justice, criminal responsibility, and punishment. Furthermore, under UN supervision, India must allow the people of Kashmir to determine their own destiny through a fair and impartial plebiscite. Reporting the issue of violations of women’s human rights in Kashmir, such as rape and physical and sexual misappropriation of women, is difficult and requires an unbiased and expeditious investigation by the Indian government because of the social stigma, retaliation, and exclusion associated with it. In Kashmir, women and girls deal with the problem of gender-based violence during and after conflicts. They require medical facilities due to psychological and reproductive health concerns.

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