WUNRN
UN Study
Juridical Aspects
A.l.International Covenant on Civil & Political
Rights
B.1.CEDAW
Factual Aspects
E.Right to Dignity
2.Rape & Sexual Abuse
G.Aggravated Discrimination
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Via Women Living Under Muslim Laws
Kashmir Times March 12, 2006
Jammu and Kashmir: The Politics of Rape
22/03/2006: When it is important to celebrate women's existence
& acknowledge their struggles and activism, it may also be worthwhile to
look at how crimes against them are trivialized by traditionally &
culturally reinforced notions of honour, rather than justice. (South Asia
Citizen's Wire)
Unfortunately, another women's day has just gone by,
marked by celebrations, and everybody wishes away the ugliness of rapes from
their minds, even as they talk about other women issues.
Ironically, any
discussion on rapes is associated with greater stigma than the rape itself. This
is despite the growing incidence of women abductions and rapes in the state.
This is more so, in the ongoing situation of violence in Jammu and Kashmir.
In an armed conflict, women's bodies, which feminists believe are
considered by the various players in the conflict as markers of community
identity, become vulnerable to violations. The problem with rapes in Kashmir
conflict is not only that these are allowed to be happened, at the hands of
militants, security forces and their paraphernalia of surrendered militants and
informers, who enjoy unlimited authority and impunity.
The problem is
also that there is a serious failure in putting rapes into a proper perspective.
Unfortunately, the woman's tragedy is usurped, manipulated and subverted by
political organizations and individuals for their narrow interests and this
relegates the victim to the background. The collective strength of civil society
crumbles as political parties, bureaucrats and other vested interests politicise
victimization, thus subjecting women to another kind as well.
The
politicization of rapes makes it important for different players to see who the
rapist is and who is being raped. Is the perpetrator a security force personnel,
a surrendered ultra or a militant from a banned organization? And is the victim
a Hindu, Muslim, relative of militant or of a security forces informer? The
political affiliations of a particular community or ethnic group shapes the
entire discourse of politics of rape.
This has created the absurd
notions on two sides of the divide: one that more rapes have been committed by
security forces and another that more are committed by militants. Firstly, there
is no documentation of rape cases to support either of the two beliefs.
Secondly, such notions tend to rob the woman of her right to grieve. Her
victimization becomes a political motif in the hands of everybody. She is
forgotten but her victimization becomes eternal. What the woman gets in turn is
pure stigma for two reasons. One is the cultural and traditional framework
within which rape is defined. Second is the manner in which this is highlighted
and protested by various players in field.
It is common in the case of
Kashmir Valley, for separatist leaders to jump into the fray of protests against
cases of rapes and molestations by security forces. The outrage is justified but
the direction it takes may not do much service to women. It brings the victim
centre-stage as a mascot of stigma and humiliation, after which she is
forgotten. There is no bid to provide her any kind of psychological counseling
or any kind of a rehabilitation programme. In a couple of cases women were
abandoned by their husbands or unmarried rape victims failed to get married
after they were raped, also creating economic problems for them. This is
primarily because the protests and the media coverage seems to define the rape
within the parameters of 'honour' and 'dignity'.
Rape is certainly used
as a tool in wars and conflict, worldwide, with an intention to seek revenge
from the enemy and humiliate his entire race through bodies of women. But
employing the same discourse in support of the women victim has actually done
more harm since it questions the inability of the woman, who is simply deemed as
a symbol of chastity, to maintain her virtuosity. Besides, it tends to project
the man or the patriarchal community as the one dishonoured.
The public
rant of veiling the women as deterrence for rapes further puts the onus of rapes
on the victim itself, leading to greater trauma and stigma. Her ostracisation
becomes complete. The propaganda unleashed through official handouts and defence
press notes, seeking to blame militants for rapes and abductions of women again
tends to portray the woman in poor light. Not only this, the victimization is
highly glamourised in all its political content. It becomes difficult for the
victim to escape the stigma.
While the key players in the armed conflict
politicize the rapes, it is the silence of civil society and women groups that
is more damaging. Any bid to put rapes in the proper perspective without
yielding to the discourse of 'honour' and 'dignity' might lessen the trauma of
victims. The psychological repercussions of rapes and molestations go very deep
and cannot be wished away by long spells of silence. It needs to be talked
about. The misplaced stigma associated with rapes certainly cannot go away by
deeming the subject of rapes itself as stigma that should forbid women groups,
civil society and intellectuals to talk about. It needs to be talked about more
to ensure that rape is not politicized and that rape victims can lead dignified
lives. They have the right to and they must. Mukhatarn Bi's case shows a beacon
of light.
Kashmir Times March 12, 2006
Editorial by Anuradha Bhasin
Jamwal
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