RAPE OF TAMIL WOMEN
BY INDIAN ARMY
[see also Rajiv Gandhi's War
Crimes and Annai Poopathy's fast for
freedom - 1988 ]
"After its forces entered Sri Lanka
on 30 July 1987, the IPKF was increasingly
accused of raping Tamil women and of
deliberately killing dozens of unarmed
Tamil civilians, among them elderly people,
women and children...in several cases
there was eye witness evidence that the
victims were non combatants shot without
provocation...
Several dozen Tamil women, some of whom
needed hospital treatment, testified that
they were raped by IPKF personnel. A
local magistrate in the north reportedly
found the IPKF had been responsible for
seven cases of rape in December." -
Amnesty International Annual Report, 1988
for period January to December 1987
"The Indian Army has court martialled
four of its men serving in the Jaffna
peninsula for rape, a senior Indian
military officer said here yesterday...He
also conceded that several complaints of
theft had been made against Indian
soldiers. 'The Indian army are not
angels. We are not devils either. We are
just human' Brigadier Kahlon said when
pressed for details. 'Rape happens even in
the West'." - Sri Lanka Sun, 15
January 1988
"Two Indian soldiers serving in
Batticaloa are to be court martialled for
rape, authoritative sources in Batticaloa
said yesterday... The two soldiers to be
court martialled, allegedly raped two girls
during a cordon and search operation at
Ariyampathi on Friday" - Sri
Lanka Sun, 19 January 1988
Charges against IPKF include rape,
murder and looting says Indian Sunday
Observer...
"A number of Indian soldiers face
dismissal from military service besides
rigorous imprisonment for committing
excesses, including raping of women and
looting of civilian property while deployed
for peacekeeping role in Sri Lanka,
it is learnt.
So far, the government had denied that
the IPKF soldiers had committed any
excesses. The denials came in the wake of
allegations by human rights organizations,
including Amnesty International, a few
months ago. The instances were kept under
wraps by the army authorities who, however,
did initiate punitive action against the
guilty. But legal experts feel that the
manner in which the army has handled the
whole issue raises vital points of law
which may not stand the scrutiny of Indian
law courts later.
The most serious case relates to an
incident which occurred on November 21,
1987 near Trincomalee when Naik Baldev
Singh of the 270 Engines a' Regiment ran
berserk and killed seven civilians and
injured another four by indiscriminate
firing from his services rifle. He
committed this crime following the death of
his brothers law during a combing operation
the previous day.
The army authorities propose to try him
by a General Courts Martial (GCM) in Sri
Lanka under section 69 of the Army (Civil
offence) contrary to sections 302 and 307
of the Indian Penal Code. This is the first
time in recent years that a trial of this
nature under sections of the Indian Penal
Code will take place in a foreign
country.
Section 124 of the Army Act provides
that, "Any person subject to this Act who
commits any offence may be tried and
punished for such offence in any place
whatever". Even the Indian Penal Code
provides for punishments to Indians for
offences committed to Indians for offences
committed beyond the limits of India. But
the vital point of law is whether a trial
by the IPC for civil offences committed
abroad against nationals of that country
can be held out of Indian soil.
Legal experts say that while a trial for
a purely military offence can be held
anywhere, a trial for a civil offence under
the IPC could be held only in India unless
it was specifically agreed by the countries
concerned and the agreement has been duly
ratified by the respective parliaments.
Army officers of the judge advocate
general's feel that if the trial was held
in India, Sri Lankan civilians would not be
able to depose as witnesses. A senior
lawyer said that the IPC provides for
extradition and the trial could be held in
held in Sri Lanka according to the laws of
that country. Army authorities, however,
are not keen to follow this course as
stringent punishment by a Sri Lankan court
to assuage local sentiments could
demoralise Indian troops deployed
there.
Several soldiers face dismissal , on
charges of rape, sodomy and looting of
civilian property for which the Army A t
along with the provisions of the IP C
provides severe punishment. In fact they
also face action for violating the
regimental orders passed recently which
directed army personnel to abstain from
frisking women without the presence of
women personnel of the Central Reserve
Police Force (Mahila CRPF).
Almost all cases of rape and looting are
being tried Summary Courts Martial (SCM),
which is conducted by the concerned
commanding officers. The trials are
held under section 69 or the Army Act
contrary to sections 375 and 376 of the
IPC.
However, lawyers point out that the
soldiers guilty of such crimes should have
been tried by GCM which after deliberation
could sentence the accused to long terms of
imprisonment and even life
imprisonment.
They point out that since section 376 of
the IPC provides for sentences up to 10
years of rape, etc. the trials could not be
held by SCM which is empowered to sentence
the guilty to only one year's imprisonment,
besides dismissal from service.
In many cases the sentences of SCMs have
been reduced considerable following appeals
to senior officers. Sources said that
two soldiers - Latur
Lal and Babu Lal of 12
Grenadiers face a year's
imprisonment and dismissal from service for
allegedly raping a married woman at
Karavedi during Operation Pawan on May 27,
1988. The incident was reported by the vice
principal of Varani Mahavidyalaya and the
army authorities decided to take immediate
cognizance as the local people who had
gathered started condemning the entire
IPKF.
Another soldier of 12 Grenadiers
Khem Raj Meena
faces dismissal and four month's
imprisonment for attempting to rape another
married woman when the unit was conducting
cordon and search of a house at Thunnalai
south (Point Pedro, Jaffna) on February l,
1988.
Sepoy Kamail Singh of 14 Sikh Light
Infantry faces dismissal and one year's RI
for allegedly raping a woman of village
Idaikkurichy during a search on December
17, 1987. Similar punishment is also being
given to A Mani, the barber of 93 Field
Regiment for allegedly raping an unmarried
woman of a place near Kodikaman on December
24, 1987 when conducting a search
operation. He has also been tried for
stealing two wrist watches. Similarly, Naik
Kulwant Singh of 16 Sikh has been sentenced
to nine months imprisonment and faces
dismissal for committing theft of gold
ornaments from a house in village
Mandaitivu near Jaffna on January 13, 1988.
Highly placed sources said that there were
numerous complaints from different
agencies, including RAW, of excesses by
Sikh troops. However, inquiries later did
not substantiate many of these
allegations.
Six jawans, including a havildar of 5
Rajputana Rifles face dismissal and one
year's RI for disobeying regimental orders
and indulging in sexual relations with
women while frisking them at Visumaddu
village on April 11 1988. These six whose
involvement was also proved by a staff
inquiry, are havildar Mewar Singh, Naik
Subhash Chander, Suresh Kajar and riflemen
Harvair Singh, Ramphool Singh and Bhagirath
Ram. The incident occurred during Operation
Viraat However, the court of inquiry
brought out that the four complainants were
women of easy virtue and their main grouse
was that they were not paid for their
services.
Naik Banwari Lal and rifleman Gugan Ram
of 18 Garhwal Rifles too, face dismissal
and six months' imprisonment each for
trying to outrage the modesty of married
women at Kathadi on December 25, 1987.The
army authorities were very embarrassed by
the behaviour of havildar Badan Singh
posted in an infantry brigade headquarters
who in January 1988 committed sodomy
'against four male activists of the LTTE
during their detention at Jaffna fort.
There have also been allegations of some
LTTE activists dying in army custody.
Lance Naik SK Bose of 146 Air Defence
Regiment has been dismissed and given four
months imprisonment for picking up
electronic goods and other civilian items
in November 1987 while on duty between
Palady air field arid Jaffna. In fact, his
commanding officer recommended deterrent
punishment as such actions were bound to
"tarnish the image of the army and the IPKF
and earn ill will of the local
populace."
Sources said that about one dozen
similar instances had also been reported
against troops of other battalions of
Kumaon, Mahar and Madras regiments. But
details are not yet available. (Kanwar
Sandhu reporting in the Indian Sunday
Observer, December 18-24, 1988)
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