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Friday, February 28, 2014

Sexual assaults by military personnel in Kashmir: what to do?

Ayesha Pervez
In Economic & Political Weekly's March 8, 2014 issue, Ayesha Pervez writes on Sexual Violence and Culture of Impunity in Kashmir. Among the problems is the fact that the Army Act 1950 gives the military power to decide whether a case shall be tried in a court-martial or a civilian criminal court. She notes that the 2013 report of the Committee on Amendments to Criminal Law headed by Justice (ret) J.S. Verma, "suggested that members of the armed forces or uniformed personnel must be brought under the purview of ordinary criminal law if accused of sexual violence."
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1 comment:

  1. Christina M CernaMarch 1, 2014 at 5:23 AM

    In the inter-American human rights system, rape of a civilian by a member of the armed forces is not considered a military offense but a human rights crime which must be investigated, prosecuted and punished by the civilian courts. See two 2010 judgments of the Inter-American Court of Human Rights: Fernandez Ortega et al. v Mexico and Rosendu Cantu et al. v Mexico (www.corteidh.or.cr).
    Christina M. Cerna

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