10 Socio-Legal Rev. 14 (2014)
Rape, Impunity and Justice in Kashmir

handle is hein.journals/soclerev10 and id is 25 raw text is: RAPE, IMPUNITY AND JUSTICE IN KASHMIR

Seema Kazi*
This article focuses on rape by security forces in the Indian-administered
state of Jammu and Kashmir and the question of accountability and
justice for sexual crimes committed by State forces in the Kashmir Valley.
Moving beyond the 'violence against women'frame, the instrumental
use of rape by security forces as a cultural, political and psychological
weapon of war is highlighted, as is the denial of institutional justice for
the same. The suggestion here is that the question of justice for sexual
crimes by state forces in Kashmir must be situated within the overarching
context of the abuse of power by executive and military authority, and
the unquestioned subversion of local civil and judicial authority. This
particular institutional setting and policy it is further argued, justifies
the case for international legal intervention in Kashmir. The Indian's
state's claim to jurisdiction over the territory of Kashmir is assessed
with reference to international law; the universality of the legal principle
of self-determination is emphasised, as is the salience of international
law regarding sexual crimes by state forces. Drawing upon Kashmir's
international legal dimensions in general and its legacy of rape by security
forces in particular, the article concludes by advancing a single moral
argument for Kashmiri self-determination.
1. BACKGROUND
This article focuses on rape by security forces in Kashmir and the question
of justice for sexual crimes committed by State forces against Kashmiri women.
For reasons of clarity and consistency I use the term 'Kashmir' to refer to the
Valley of Kashmir - also the location of the present conflict. The term 'Jammu
and Kashmir' is used to connote the Indian-administered state of Jammu and
*   The author is a Senior Fellow, Centre for Women's Development Studies (CWDS) and the
author of 'Between Democracy and Nation: Gender and Militarization in Kashmir.'

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