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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents