E/CN.4/1995/34 page 63 333. Mohamed Hanif, from Jumagandh village, Kupwara, was arrested at his home on 18 February 1993 by soldiers of the Madras 25th regiment. For four days he was allegedly subjected to beatings, suspended from the ceiling and made to lie on blocks of ice. 334. The Special Rapporteur further transmitted information according to which the practice of custodial rape by members of the police and security forces occurred with frequency. In areas of internal conflict and disturbances, particularly in Jammu and Kashmir, the practice was reported to be systematic. In such a context, the impetus for custodial rape appeared to stem from political and strategic considerations, whereby pacification was sought through the intimidation and degradation of the target population. Rape was also allegedly used as a means of collective punishment, as when the mass detention of males in a community was preceded by multiple rapes of their spouses during house-to-house searches. While India had codified proscriptions against rape in its penal law, including that against custodial rape in the 1983 Criminal Law (Amendment) Act, allegations of rape against members of the police or security forces reportedly seldom resulted in prosecutions or convictions. 335. The Special Rapporteur informed the Government that he had received allegations of rape in the cases described in the following paragraphs. 336. Vijaya, aged 17, from Athiur village in the South Arcot district of Tamil Nadu, was taken to Pondicherry police station on 29 July 1993 for questioning related to allegations against her brother, whereupon she was allegedly raped by five police constables in a cattle shed. The Sub-Inspector at the local Ananthapuram police station was said to have refused to register a rape complaint. Her complaint was registered 15 days after the alleged incident in response to persistent appeals. No medical examination was conducted until 17 days after the incident, by which time it was too late to make a definitive medical determination as to whether rape had occurred. 337. Sara, wife of Mohammad Rajab Ganai, was reportedly raped and killed by members of the security forces on 22 November 1993 in Warapora, Sopore, Jammu and Kashmir. Witnesses reported that while her husband was away, Sara was approached by five soldiers and that the soldiers returned to her home later in the day. Residents later discovered her body with clothes torn off and numerous marks indicative of violent rape. A post-mortem report was said to have revealed an extensive vaginal tear and concluded that death was due to asphyxiation from strangulation. According to the Government, in the course of police investigations no clue had been found regarding the cause of death of Sara and the case had therefore been closed. 338. Sabita was one of 9 to 20 women allegedly gang-raped at gunpoint by police in front of children and relatives on 27 October 1993 in a Scheduled Caste village in Jagasinghpur, Orissa. The women had taken refuge in the house after an altercation the previous day in the course of a police operation aimed at making arrests in connection with a land dispute. The National Commission of Women reportedly conducted an investigation and concluded that the policemen had committed rape and the Chief Minister of Orissa on 12 November 1993 reportedly ordered an inquiry into the incident.

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