this story about offenses by Indian Army personnel. Excerpt:
In India, the army has its own military courts, whose trial and conviction rates are yet to be assessed. For civilians, in cases of rape, the National Crime Records Bureau data (from 2015) places the conviction rate at around 28%. With AFSPA still unaltered, we can imagine the corresponding statistics for the armed forces.
One common fallacy regarding the army’s impunity must be clarified. Army officials are not immune under AFSPA [Armed Forces (Special Powers) Act] if they sexually assault women or commit rape. Section 7 of the Act provides protection from prosecution for “anything done…in exercise of the powers conferred”. These “powers” include causing death, search and arrest without warrant; and they cannot be taken as a token of liberty to sexually assault residents. But, under AFSPA-related offences, military personnel cannot be prosecuted unless there is a prior sanction by the central government. Responding to an RTI application filed by an NGO, the Jammu and Kashmir Home Department stated that “no sanction for prosecution has been intimated by the Ministry of Home Affairs and Ministry of Defense to the State Government from 1990-2011 under the J&K Armed Forces Special Powers Act” (emphasis added).
The Justice Verma Committee clearly suggested that no sanction from the Centre should be required if the person has been accused of committing sexual offence in the disturbed areas where the AFSPA operates. But this suggestion is yet to be adopted. In addition to all this, court martial case proceedings remain opaque. Amnesty International India has raised serious doubts over the manner in which investigations and trials are conducted in our military justice system.