Voices of the Silenced: The Hidden Human Rights Crisis in Kashmir

The Kunan Poshpora incident of February 23, 1991, stands as one of the most horrifying examples of mass rape in history. During a counter-insurgency operation in the Kupwara district of Indian-administered Kashmir, it was alleged that personnel from the Indian Army gang-raped numerous women in the twin villages of Kunan and Poshpora. Early reports claimed that 23 women had been raped; however, subsequent inquiries and statements from the inhabitants of the villages increased the tally to more than 150. This event is widely regarded as part of the war history in Kashmir and illustrates how sexual violence is used in warfare. Nevertheless, the Indian Army has strongly denied these allegations, calling them mere propaganda from terrorists. Probes into the case have been criticized for being slow and shrouded in secrecy; current perpetrators lack accountability despite survivors seeking justice to this day.
The Kunan Poshpora case is not an exception but rather a reflection of the brutalities that have occurred in the Kashmir Valley since the onset of the insurgency against Indian rule in the late 1980s. Physical abuse has taken a more deadly form, with men sexually assaulting women as they fight their battles. According to a 2013 report by Human Rights Watch on combating violence against women in conflict zones, approximately 39 out of 100 women in Kashmir are subjected to gender-based violence. It is believed that soldiers in Kashmir have committed more than 11,000 cases of rape and sexual violence since the beginning of the conflict. These acts of violence are commonly used as a deterrent against communities believed to be sheltering or supporting militancy, effectively sexualizing women’s bodies.
The Shopian rape and murder incident reported in May 2009 serves as another example of the ongoing vulnerability of women in Kashmir. Reports indicated rape and murder by Indian forces, which incited widespread protests in the region. The state attempted to dismiss such allegations by claiming that the deaths were accidental; however, other investigations and public sentiment suggested that these killings were intentional. Similar to Kunan Poshpora, this incident also highlighted the lack of accountability when military personnel are involved and how difficult it is for survivors to obtain justice.
One major enabler of these human rights abuses is the Armed Forces Special Powers Act (AFSPA), which grants enormous powers to the Indian Army and other paramilitary forces. This law provides operational arrest powers and allows for the use of lethal force with minimal oversight of security forces. Most importantly, it grants immunity from prosecution unless the central government expressly approves provincial actions—a condition rarely met. This immunity fosters a culture of impunity where human rights abuses such as sexual violence are committed with virtually no fear of apprehension or punishment. AFSPA has faced condemnation from major human rights organizations such as Amnesty International and the United Nations.
The report from the UN High Commissioner for Human Rights, published in June 2019, documented numerous instances of sexual violence in Kashmir and highlighted failures to conduct effective investigations. Nevertheless, demands for repeal or amendment of AFSPA have been largely met with reluctance by the Indian government, which argues that such changes would compromise national security.
Sexual violence in the zones like Kashmir is not random; it is a tool used to punish people who don’t follow the rules. It is frequently employed to demoralize freedom fighters by attacking women, perceived as embodying family and community honor. The effects of this violence persist long after survivors endure physical and psychological pain. It undermines the social fabric, as survivors often face rejection and discrimination within their communities. In Kunan Poshpora, many survivors have been ostracized by their families to this day, bearing the dual burden of post-war trauma and social marginalization—factors that significantly impact their psychological well-being and financial status.
Stories from Bosnia, Rwanda, Myanmar, and beyond show how frequently sexual violence is employed as a weapon of war with terrible results for impacted people and countries. The World Health Organization (WHO) estimates that women who have been sexually assaulted during wartime are 16% more likely to suffer from severe mental health issues such as PTSD, depression, and suicidal thoughts. In Kashmir, where mental health facilities are critically needed due to ongoing conflict, survivors face numerous challenges when seeking services.
Victims of sexual violence in Kashmir encounter various hurdles when pursuing justice. Many fear legal action due to threats from military personnel to deter such efforts; political influence further undermines investigations. For instance, the first police complaint regarding Kunan Poshpora was dismissed as ‘malaria’ by the district magistrate, and every attempt to reopen the case has been thwarted. Witnesses who have volunteered to testify have faced harassment and threats while also experiencing backlash from society.
The Indian judiciary has also failed victims in many cases involving sexual assault in Kashmir. For example, last year, a group of women survivors from Kunan Poshpora petitioned the Jammu and Kashmir High Court for compensation and justice regarding alleged sexual offenses committed against them by Indian armed forces. Although the court ordered monetary compensation for the state to pay, it outright omitted any reinvestigation into the incident. This lack of accountability for actions taken deters survivors from seeking justice and encourages perpetrators.
The prevalence of sexual violence in Kashmir highlights issues related to gender rights and human rights within conflict zones. Women in Kashmir not only suffer state abuses but also face violations from non-state actors, particularly militants. The intersectionality of multiple oppressions experienced by women in this region underscores the need for a comprehensive approach to combat gender violence. Such measures should include policy changes like repealing or amending AFSPA, establishing independent investigative agencies, and providing policy support services for victims.
Numerous human rights organizations have called for increased reporting on cases of sexual violence in Kashmir. The UN Security Council Resolution 1325 on Women, Peace, and Security is a legal framework emphasizing women’s roles in peace-building and conflict resolution while offering general guidelines for addressing gender-related issues in conflict areas. However, implementing these measures requires political will and a commitment to human rights qualities still lacking in Kashmir.
The Kunan Poshpora incident remains a grim reminder of the human cost of conflict in Kashmir, particularly for women. It reflects a broader pattern of violence, impunity, and systemic failure to protect vulnerable populations. As the international community continues advocating for human rights in conflict zones, addressing survivors’ plight in Kashmir demands urgent attention. Tackling these issues necessitates a multifaceted approach involving legal reforms, robust accountability mechanisms, and support systems for survivors. Only by acknowledging and addressing these atrocities can meaningful progress be made toward justice and reconciliation in Kashmir.