Sexual exploitation by armed forces without held accountable ever

Since 1990, armed forces in Jammu & Kashmir have been credibly documented committing systematic sexual violence against civilians — yet not a single personnel has ever been convicted in a civilian court.

Landmark cases include: The Kunan Poshpora mass rape (February 1991, Kupwara), where over 23 women were assaulted by the 4th Rajputana Rifles during a night crackdown;

The rape and murder of Asiya Jan (17) and Neelofar Jan (22) in Shopian (May 2009), where CBI reversed forensic evidence of rape and homicide to 'accidental drowning';

The Handwara minor assault (April 2016), which sparked protests killing 5 civilians — while the alleged perpetrators faced no charges. Human Rights Watch documented 88 cases of rape in Kashmir between 1990–1993 alone, acknowledging the true figure is far higher.

SYSTEM & LAW FAILURE

AFSPA Section 7: Requires Central Government sanction to prosecute armed forces — never granted once in 34 years.

CrPC Section 197: Adds a second prosecution barrier for government servants, compounding the impunity.

NHRC Exclusion (PHR Act, S.19): Bars the National Human Rights Commission from directly investigating armed forces.

Military Courts of Inquiry: Internal army inquiries held in camera; all have cleared accused personnel without exception.

Article 21 Violated: The constitutional right to life and bodily dignity is systematically denied to survivors.

IPC 375/376 Unenforced: Rape laws exist but are rendered inoperative against uniformed personnel by institutional design.

Forensic Manipulation: Shopian (2009): doctors who found evidence of rape were criminally charged; findings were reversed.

The Justice Verma Committee (2013) explicitly recommended that AFSPA cannot shield sexual offences. The UN Special Rapporteur has written to India multiple times. Every recommendation has been ignored. Until AFSPA Section 7 is amended, military inquiries are replaced by independent civilian courts, and the NHRC gains full jurisdiction over armed forces, impunity will remain total — and every survivor's right to justice will remain a constitutional promise broken by the State itself.