Statement Condemning the Lenient Attitude of Kashmir police and the J&K Pradesh Congress Committee on the case of sexual harassment against Shabir Khan

We, the undersigned, strongly condemn the lenient attitude of Kashmir police and the Jammu Kashmir Pradesh Congress Committee on the extremely serious case of sexual harassment against former health minister and Congress MLA, Shabir Khan. The Congress party has asked Shabir Khan to resign but he continues to be an MLA, attends assembly sessions and has been granted bail, thus putting the entire investigation in jeopardy. In a recent development, the SHO who was investigating the case has been transferred.

Shabir Khan, was accused of molesting a female doctor and was booked under Sections 354 and 509 of the Ranbir Penal Code. Following outrage over the incident, he was forced to resign as minister on the 7th of Feb but he continues to be a Congress MLA. After warrants were issued against him, he went absconding and applied for bail. In his bail application, he reportedly made a case for himself on the basis of his “nationalist credentials”. After being granted bail, he attended the assembly session while all the mainstream parties maintained silence over his presence in the house.

The Minister called the complainant to his office repeatedly on the pretext of discussing funding for the health centre where she works. After she refused to turn up, she was forced to report to him! His office was full of people but he made her wait in a small cabin. She initially refused to go there but he convinced her to sit in the cabin. Inside the cabin, Khan, who had called her to discuss funding, started talking about a lot of irrelevant topics and then offered her several favors including a plum posting on the condition that she serves him Kehwa in the circuit house- a statement clearly loaded with suggestive phrases. When she tried to leave the room, “the minister made physical advances amounting to molestation”.

It is shocking to see the complacency of the National Conference and Congress coalition government in Jammu & Kashmir on the issue, the reluctance to sack the accused coupled with the decision to transfer the investigating officer in the case. We are strongly concerned about the fairness of any trial that will be conducted in such a situation.We demand that the Congress party should expel Shabir Khan at the earliest and that Chief Minister Omar Abdullah should personally ensure a fair trial. It may be recalled that, in the aftermath of the 16th December Delhi gang rape case, Mr. Abdullah had affirmed his commitment to gender justice and he had promised that there would be no leniency in cases of sexual violence, acid attack, etc. It is time to live up to those promises.

The culture of impunity prevailing in Kashmir, with or without the Armed Forces Special Powers Act, is a matter of grave concern for progressive forces. The invocation of nationalist credentials in the bail application strikes us as problematic. Human rights abuse, sexual harassment and rape all go unpunished in the absence of any accountability. On the 23rd of Feb,2014 civil rights groups in Kashmir are observing the Kashmiri Women’s Resistance Day in commemoration of the extremely shameful Kunan Poshpora mass rape that took place on 23rd Feb, 1991. Not a single army man has been punished in the case. While extending support to the observance of this day, we condemn the continued occupation of Kashmir through weapons of rape, torture and fake encounter and denial of the right to self-determination to the people of Kashmir.

 

  1. Kavita Krishnan, Secretary, AIPWA
  2. Akbar Chawdhary, President, JNUSU
  3. Sucheta De, National President, AISA
  4. Shehla Rashid, AISA
  5. Aslam Khan, National Vice President, RYA
  6. Vrinda Grover – Advocate – New Delhi
  7. Anuradha Bhasin Jamwal, Executive Editor Kashmir Times
  8. Basharat Peer, Journalist
  9. Arundhati Dhuru, NAPM
  10. Amitabh Kumar, Head of Media and Communications, Centre for Social Research
  11. Bishakha Datta, Executive Director, Point of View
  12. Lata Pratibha Madhukar, Research Scholar at TISS and CSD, Hyderabad
  13. Akhil Kumar, Sub-Editor, Youth Ki Awaaz
  14. Ravi Nitesh, Core Member- Save Sharmila Solidairty Campaign
  15. Kamayani Bali Mahabal, Feminist and human rights activits, Mumbai
  16. Chinmayee Subash, Free lance development professional.
  17. Mithilesh Pande, Mission Bhartiyam
  18. Chhaya Datar, Ex-Professor at TISS Mumbai
  19. Sabha Husain, Researcher/Women’s Rights Activist
  20. Rohit Kumar Social Activist (FB)
  21. Shahid Ayoub from P G college Rajouri (FB)
  22. Ms. Virginia Saldanha, Woman Activist
  23. Devika Mittal, Mission Bhartiyam
  24. Saheli and Women Against Sexual Violence and State Repression
  25. Juhi Jain, Feminist activist and writer, New Delhi
  26. Dr Fayaz Ganaie, Senior Manager (Cargill group)
  27. Dr. Showkat Bashir, Kashmir
  28. Jitender Singh, Post Doctoral fellow, JNU SLS
  29. Rajesh Umadevi, Activist
  30. Roopashri Sinha, Mumbai
  31. Ayesha Kidwai, Professor, Jawaharlal Nehru University
  32. Chayanika Shah, Member, LABIA Queer Feminist LBT Collective
  33. Sagari R Ramdas, Hyderabad, India
  34. Dipak Dholakia, Member, People’s Alliance for Democracy and Secularism (PADS)
  35. Shipra Nigam, Consultant Economist, Research and Information Systems for Developing Countries
  36. Vasanth Kannabiran, Director,Asmita
  37. Kaveri Indira
  38. Madhuri Jads
  39. Kiran Shaheen, Convenor, Women for Water Democracy
  40. Citizens collective against Sexual Assault, Delhi
  41. Farhana Latief, LLM Student, Tata Institute of Social Sciences
  42. Mantasha Binti Rashid, Civil Servant
  43. Khurram Rasool, Journalist
  44. Mir Imaad Rafi, President, Kashmir Foundation for Social Change
  45. Dr Gazalla Amin, Entrepreneur
  46. Firdous Ganaie, Civil Servent
  47. Bincy Mary George, Student, JNU

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