We would also like to recall the serious concern of the Committee on the Elimination of Discrimination of Women about the narrow definition of rape in the current Penal Code during the Committee’s consideration of the exceptional report of India on 15 October 2010. The Committee urged India to accelerate its efforts to widen the definition of rape in the Penal Code to reflect the realities of sexual abuse experienced by women and to consult widely with women’s groups in its process of reform of laws and procedures relating to rape and sexual abuse (CEDAW/C/IND/CO/SP.1, para. 27(a), (c)). The Committee further recommended India to expeditiously enact the proposed Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 (CEDAW/C/IND/CO/SP.1, para. 27(b).

According to the information received, Ms. X, a 32-year old woman from the Kulgam district of Kashmir, was abducted and gang raped by two army personnel from 19 to 21 July 2011. On 19 July 2011, Ms. X was allegedly forced by two army personnel carrying rifles and wireless sets to accompany them into the nearby Kadalbal forest where they confined her in a hut and reportedly raped her for two days. Before releasing her, the two men, later allegedly identified as being from the 62-Rashtriya Rifles, threatened her not to report the incident to anyone.

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