Srinagar, June 23, 2012: The Indian Army have revealed that its 24 personnel were terminated from the service for committing human rights violations in Kashmir during the past 18 years.
In response to a right to information (RTI) query filed by Khurram Parvez, the Programme Coordinator of Jammu and Kashmir Coalition of Civil Society, the Indian Army disclosed that 24 troopers were dismissed from service in Kashmir rsince 1994 for committing crimes like rape, molestation and deaths. However, the Army refused to reveal the names of the troops dismissed from the service.
In 2010, the Indian Army had admitted that 1514 FIRs were registered against its men in cases related to human right violations in Kashmir over the last two decades. It had said that out of these 1,508 cases were investigated while probe was continuing in the remaining six cases.
According to the information furnished by the Indian Army, at least 12 soldiers were dismissed on rape charges, three for molestation and an equal number for deaths and five others were dismissed for harassment. Surprisingly, a soldier was also terminated on the charges of robbery.
Earlier, both ministries of Home Affairs and Defence had not given a single prosecution sanction under draconian law, Armed Forces Special Powers Act (AFSPA), in any of the cases of human rights abuses since 1990 until 2011.
It is to mention here that while Army works under the command of MoD, paramilitary forces including Central Reserve Police Force work under the command of MHA.
On the other hand, Khurram Parvez in a media interview said that response of the Indian Army was inadequate and evasive. “The MoD seems concerned about the identity of those people who have been charged with serious offences thereby denying information about them. It is totally against the values of transparency and accountability,” he added.
Although the cases of termination/suspension of Army personnel who are involved in rights abuses is never made public by Government of India, but action regarding a few high profile cases has come in public domain.
Major Rehman of 30-Rashtriya Rifles involved in raping of a woman of Badrapayeen Handwara on September 7, 2004 was terminated from the service.
Similarly one Major Tewatia of 12 Rashtriya Rifles was, terminated from the service and awarded 10 years of rigorous imprisonment. However, Tewatia challenged the court martial verdict and was reinstated by the order of Jammu High Court.
In 2010, Army had has said 1514 FIRs were registered against its men in cases related to human right violations in Jammu and Kashmir over the last two decades,
Besides number and names of the Indian army personnel convicted for human rights violations in Jammu and Kashmir, the JKCCS coordinator had asked the ministry for defence for furnishing copies of FIRs, charges for each suspension of the army personnel, number of suspended personnel reinstated and copies of investigation reports pertaining to all the suspension and termination cases of the personnel of army deployed in Jammu and Kashmir.
According to Parvez, there are some glaring examples wherein the army personnel have been found involved in many human rights abuses have been left out by the concerned department. “Even Major Rehman Hussain of 30 RR committed rape of woman of Badrapayeen of Handwara on November 7, 2004. He was tried in a court martial, Hussain was found guilty and the punishment awarded was only termination from services. For a crime like rape termination from service is not a proportionate punishment,” he said.
Quoting another example, Parvez said that Major Tewaitia of 12 Rashtriya Rilfles (RR) on February 14, 2000 committed rape of mother and daughter of Nowgam, Banihal and was tried in a court martial. “He (Major Tewaitia) was terminated from services and also awarded 10 years rigorous imprisonment. He challenged the court martial verdict and was then re-instated in the services by the order of Jammu and Kashmir High Court. Neither the authority, nor the Indian army filed an appeal against the High Court order,” Parvez elaborated.