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Gazala Peer’s essay, written against the backdrop of militarization and the existing Armed Forces Special Powers Act in Jammu & Kashmir, explores obstacles faced by survivors of sexual violence in seeking redress when the perpetrators of this violence are members of the armed forces. Through cross-cultural comparisons, Peer describes the extent to which gendered sexual violence is used by nation states in war and conflict situations, and the culture of impunity that accompanies this violence – conditions that have existed, too, in Kashmir since the onset of armed struggle against the Indian state in the early 1990s. The essay establishes the role of Indian authorities in signaling impunity to their armed forces in Kashmir, and goes on to investigate the procedure and function of court martials as justice delivery systems for survivors of sexual violence.
Since AFSPA was imposed on Kashmir, the Indian government has not granted sanction for the prosecution of any armed personnel in any court of law. Although in principle the provision of prosecuting army personnel under court martial trials does exist, Peer questions whether these trials, taking place within the structure of the army itself, can ever be a substitute for trial in civil courts. To this end, Peer closely examines the context and process of the court martial, arguing that this system, in cases of sexual assault and violence perpetrated by its forces (which the army views as “breaches of discipline”), is disposed to be lenient toward the perpetrators, maintaining martial impunity.
Finally, to highlight the hostile and alienating nature of the court martial trial to survivors of sexual violence, and questioning the system’s ability to deliver any kind of justice at all, Peer walks the reader through the experience of four such survivors. Their testimonies and interviews raise serious questions on the basic norms of justice and fair trial vis-à-vis cases of sexual violence tried under AFSPA.
Uma Chakravarti’s introduction to Fault Lines of History: The India Papers 2 uses a brief history of protest in the north-eastern states of India to illustrate the contract between the state, the army and the rule of law. Detailing the spread of AFSPA as a result and a feature of this contract, Chakravarti points to particular building blocks in the story of resistance in the area — the case of Manorama, Irom Sharmila’s hunger strike, the naked protest by imas in Manipur among others — and castigates mainstream state theorists’ neglect of AFSPA’s existence and growing application as a tool of oppressive state-building. She explains how the postcolonial state’s painting of AFSPA and militarisation, and the accompanying conflicts, as ‘states of exception’ is key to the contract, which is characterised by the tension between the rule of law and the state’s avowal of sovereign emergency.
The chapter provides a valuable cross-section of the volume, summarising each author’s argument while drawing connections between them and larger themes of impunity, militarisation, conflict, revolution, state (un)accountability, ‘security’ and feminist scholarship. She interweaves material on militarised regions in the north-east of India, Kashmir and Chhattisgarh with work on caste-based structures of violence built on and around Dalit bodies, as well as on stripping and parading of women’s bodies as ritual humiliation, to highlight the implications of an aberrant state wielding its impunity as a precise and wide-ranging weapon.
Often cited as the most militarised zone in the world, the Kashmiri landscape is full of contradictory narratives. This essay intervenes in this crossfire of accounts in order to investigate the voices of survivors of sexual violence in the region.
This essay illustrates how sexual violence in the context of Kashmir takes on another layer of meaning as a deliberate strategy employed by the armed forces. It targets both women and men and has a bearing on their daily lives that are subsumed under the shadow of militancy. The events of Kunan Poshpora and Shopian, then, are only a few out of many incidents which speak volumes about the lack of accountability and the culture of silence in the terrain.
As a researcher and activist, Sahba Husain looks at the turning points in the narrative of sexual violence in the region and its emergence out of the margins. Much of the analysis in the essay also stems from personal accounts of survivors who have different allegiances and religious backgrounds, which has affected them differently and has allowed the author to delve deeper into their varied experiences. The aftermath of sexual violence and the challenges it poses in a patriarchal society, especially in the anxiety-ridden conflict zone, broaden the scope of engagement with the very notion of this kind of violence. The essay examines these concerns, as it initiates a move towards a more inclusive and incisive way of thinking about impunity and silenced narratives in the Valley.
Two prominent protests in Manipur by women in recent years, one an individual one and the other a collective one, have brought to national attention the brutalities committed by the armed forces on ordinary citizens under the Armed Forces Special Powers Act.
This essay highlights what those protests mean for peace in Manipur, and how women have played a critical role in exposing the impunity with which human rights are violated under the exceptional circumstances created by the AFSPA. It also questions the unethical nature of militarization and the patriarchal nature of the State.
Broadly containing two segments, it gives a background to Irom Sharmila’s protests and her reasons for choosing hunger strike as her method of protest. The discourse of conscience and Satyagraha that Sharmila evokes is brought out through interviews. This is followed by an analysis of the 2004 public disrobing by the Meira Paibis, in protest against the rape and murder of a young woman by the personnel of the Assam Rifles.
The essay shows the inversions brought about by both protests via a comparison between Irom Sharmila’s prolonged hunger strike against an exceptionally violent law, and the Indian Army Rape Us protests by the Meira Paibis. Both challenge the division between the public and the private, holding the state publicly accountable for atrocities committed in private. Food and clothing, one a biological necessity and the other an important social norm, are given up by the protestors. According to Mehrotra, this shows the power of the human body generally, and the female body particularly, to formulate and transmit subversive messages. She finds that underlying the protests is a common thread of rebuilding Manipur out of all the chaos.
July 15, 2004, Imphal (Manipur): An amazing scene unfolds in front of Kangla Fort, the headquarters of the Assam Rifles, a unit of the Indian army. Soldiers and officers watch aghast as twelve women, all in their sixties and seventies, position themselves in front of the gates and then, one by one, strip themselves naked. The imas, the mothers of Manipur, are in a cold fury, protesting the custodial rape and murder, by the army, of Thangjam Manorama, a 32-year-old woman suspected of being a militant. The women hold aloft banners and shout, ‘Indian Army Rape Us’, ‘Take Our Flesh’. Never has this happened before: the army is appalled. Very soon, news of the protest goes viral. People around the country are shocked. Can this be possible? A naked protest in India by mothers?
In this unusual book, journalist Teresa Rehman tells the story of these twelve women, the momentous decision they took, and how they carried it out with precision and care. In doing so she connects the reader to the broader history of conflict-torn Manipur and the courage and resistance of its people, in particular its women.
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