STRUCTURES OF VIOLENCE

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80 | Structures of Violence and their communiqué dated the day after the incident was not taken on record by district authorities, until a week later. What happenned in Kunan-Poshpora in the rd th intervening night of 23 and 24 February 1991 is quite clear – statements of the survivors of torture and rape are on record, along with statements from the army personnel conrming that a 'search and cordon operation' was launched at the villages, and 'interrogation centres' were established. While, individual army personnel acknowledge the deployment of 4 companies of the 4 Rajputana Ries in the 'cordon and search operation' in Kunan- Poshpora that night, the Adjutant 4 Rajputana Ries, Captain Rajesh Sharma, on behalf of the Commanding Ofcer, provided a “nominal roll” naming only 125 personnel as having been employed in 'cordon and search operation' in communication with the Jammu and Kashmir Police tasked with 88 investigation of the case . Further, statements of witnesses – victims and army ofcers, already place certain personnel at a spot where crime took place, for example: Major Khullar is named at the “interrogation centre”; and the statement of Captain Raghuraj Singh states that Major A. Mathur and Captain R. Mahajan were responsible for the “interrogation”. The SHRC, in its order, stated that “though the DGP has tried to push the collective crime committed by Army personnel's under the carpet in a very presentable and sophisticated way, but the medical examination and the opinion sought from the Block Medical Ofcer Kralpora clearly evidences the fact that the offence of gang rape was committed on the persons of unfortunate victims.” Despite all this incriminating information, the fact that the police chose to conveniently close the case as “untraced” and now continue to delay investigation points to how the legal process is used to provide cover to the army, while keeping victims engaged in a 24 year long legal battle-a trauma and a violence in itself. The mass rape has left the village with horric memories, and impacted the community socioeconomically, especially in terms of the cost of heathcare, and deprivation of the opportunity to seek education without discrimination. Many young people, especially young girls from the village have had to discontinue higher education due to persistent ostracization on account of belonging to a “raped village”. Women from the village also experience difculty in nding partners for marriage as they are looked upon as “girls from raped families” “a bad 89 omen”, “a shame” . The ongoing legal process in the Kunan Poshpora case is a recording of the truth, an effort to preserve the memory of brutality and a form of resistance against the State that has and continues to protect the perpetrators. This case continues to expose not only the Indian army – whose personnel are responsible for the mass rape and torture, but also respected members of civil society such as Wajahat Habibullah and B.G. Verghese who sought to obfuscate the truth while holding positions where they had, at the very least a duty to act in good faith, the executive (whether in New Delhi or Kashmir) that sought at all cost to protect the perpetrators, and nally, the judiciary – particularly the Jammu and Kashmir High Court – which has thus far failed to pass a single effective order on investigations in this case, despite continuous appeals from the victims. Meanwhile, Abdul Gani the policeman present that night, and an important eye-witness was murdered in mysterious circumstances by 'unidentied gun men' in 1993. Six of victims of mass rape and torture have died without seeing justice done, as has B.G. Verghese who was never held legally or morally accountable for his orchestration of the cover up through the Press Council of India Report. 88 Communication dated 31 March 1991 between Captain Rajesh Sharma, Adjutant of the 4 Rajputana Ries and Dilbagh Singh, ASI, Indian Police Services titled 'Nominal Roll of Ofcrs, JCO's & or Those Were Employed in Search Operation at Kunan Village'. 89 Statements of rape survivors to our researchers.
81 | Structures of Violence Military personnel stands at the site of massacre and re. Photo taken as part of investigations conducted by the CBI on 8th January 1993. Locals carry the dead on Rehris. Photo taken as part of investigations conducted by the CBI on 8th January 1993. Debris of shops burnt on Tehsil Road-the water tank can be seen in the background. Photo taken as part of investigations conducted by the CBI on 8th January 1993. Maruti Car burnt at the site of the massacre. Photo taken as part of investigations conducted by the CBI on 8th January 1993.
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STRUCTURES OF VIOLENCE THE INDIAN S
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Testimony 31: Nazir Ahmad Zarger, v
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