Showing posts with label Global. Show all posts
Showing posts with label Global. Show all posts

Gender War: The Intersectional Sexual Violence of the Bangladesh War (1971)

HUMAN.DROITS Community
The author of the blog is Anureet Kaur, a second-year BA LLB (Hons.) student at Rajiv Gandhi National University of Law, Punjab, with an interest in International Law. Email ID: anureetkaur23266@rgnul.ac.in.

How can a woman’s body instigate so much hatred and violence? If we need to shame a family, we go after their daughters. If we need to shame a country, we go after their daughters. It’s the same mindset.

~Leesa Gazi

On December 16, 1971, Bangladesh got independence after a nine-month liberation war against West Pakistan. The war cost 3 million martyrs and the dignity of over 0.4 million women. Almost 1/3rd of the Bangladeshi population was affected by the unrecorded atrocities committed by the Pakistani army and the Razakars.

In the early 1980s, Bangladesh was not only fighting a war for its liberation, but there were a number of wars that broke out within the country itself, which resulted in changing the geopolitical landscape of the South Asian region. In this blog, I have identified and mentioned four wars that took place during that period in the Bangladeshi landscape:

  1. An internal war between the Urdu and Bengali speaking population of Pakistan, which ultimately culminated in all other wars.

  2. The war for Bangladesh’s liberation, popularly called the Liberation War of 1971.

  3. The international war between India and Pakistan.

  4. Gender war.

The term “Gender War”, a war against the women of East Pakistan (present-day Bangladesh), was first mentioned by Yasmin Saikia in her book “Women, War, and the Making of Bangladesh: Remembering 1971”. In this period of nine months, millions of women were raped and got impregnated. Though the official figures vary, the record points that the number of rapes committed by the Pakistani army and the Razakars crosses more than 400,000. 

In this struggle for freedom, various intersectional factors played a role in shaping the experiences and nature of atrocities committed against the women of Bangladesh. Through this blog, I have made an attempt to analyse the contribution of various intersectional identities, such as gender, race, ethnicity, linguistic and religious affiliations, in inflicting sexual violence against Bangladeshi women during the Liberation War of 1971. 

Gender War: Horrors of 1971

On March 25, 1971, Lt Gen Tikka Khan, commander of the Pakistan Army’s Eastern Command (infamously known as the “sobriquet of Butcher of Bangladesh”) started operation “Searchlight”, a military operation aimed at killing and butchering Bengalis in the name of saving Pakistan. The operation led to infliction of massacres, mass rapes and various forms of torture on the country’s populace.

Women were abducted from various corners of Bangladesh and locked up inside the cantonments by the Pakistani army and their local Bengali collaborators. As reported, Bengali captives inside the cantonment could hear the screams of the captured women, when they were being molested and raped. The condition of these rape camps, run by Pakistani forces and the Razakars, was horrendous. 

Not only were these women raped and abducted but they were starved, kept without clothes so that they couldn’t commit suicide, brutally beaten, molested and a large number of them got impregnated. After the end of the war, many corpuses and graves were found near these rape camps. Noor Jahan (14-year old survivor) was confined to one such rape camps which were spread across the entire country. 

We lay there like corpses, side by side. There were 20, maybe 30, of us confined to one room. The only time we saw daylight was when the door creaked open and the soldiers marched in. Then the raping would begin.” 

~Noor Jahan

Women: Custodians of National Honour

Women are imagined as reproducers of a nation and symbol of honour for both the family and the country. Nira Yuval-Davis and Floya Anthias highlighted in their book “Woman-Nation-State”, the role of women in two crucial ways:

  1. Women as a collective symbol of national culture and honour.

  2. Women as biological producers.

Source: Springer

These two roles also played a significant role in aiding the brutal violation against Bangladeshi women in the Liberation War of 1971. Lt. Gen. Tikka Khan gave the orders to begin a campaign of mass rape against Bengali women and girls and impregnate them with “blood from the west”.

Nayanika Mookherjee, in her paper “The absent piece of skin: Gendered, racialised and territorial inscriptions of sexual violence during the Bangladesh war” highlighted and emphasised the role played by the ethical identity of Bengalis in the commencement of the 1971 war. The interviews conducted by her shed light on the verbatim used by the Pakistani army men:

We [they] would leave behind a Pakistani in the womb of every Bengali woman.

Rape was seen as medium by the Pakistani army to improve the genes of Bengali population. West Pakistan’s leadership and military commanders considered the Bengali men to be impure and weak. Thus, rape and forced impregnation was a deliberate strategy of Pakistani army to manipulate image of Bengali women as reproductive transmitters. 

Layers of Oppression: Intersectionality in Wartime

The sexual violence against Bangladeshi women brought together various intersectional factors, including nationality, religious identity, caste, ethnicity, sexuality and politics. Gender was seen as a trope for race and sexuality. Religion played a crucial role in the creation of Pakistan in 1947 as it was the sole principle that unified two different regions as one nation. However, both West and East Pakistan were separated by geography, language, culture, culinary and various other practices.

Moreover, Bengalis were considered as “half converts”, “Hinduised” and “impure or inferior Muslims”. Due to this reason, the political leadership in West Pakistan started a policy of “forcible cultural assimilation of Bengalis”. Rape was strategically used as a weapon to populate a new race of “Pure Muslims” in the region. 

The booty of war (maal-e-gonemat) was the notion used to justify the rape of women in Bangladesh. Bengali Muslim men were considered short, lazy, dark and weak, in comparison to tall, fair and brave men of the West. Furthermore, Hindus, being a minority religion in Bangladesh, were a more vulnerable group and thus faced a larger risk of sexual violence. Linguistic identity was another major intersectional factor as Urdu was seen as a superior language, in comparison to Bengali, and was the mother tongue of the majority of the population of West Pakistan.

Thus, the saga of sexual violence against women in the Bangladeshi Liberation War lies in the differences in Islamic and Bengali identity, along with racial, religious, cultural, historical, ethnic and linguistic variations between these two different regions.

Aftermath of War: Justice Denied

During wars there is a tendency to take opportunity in the case of an attractive woman. A man would kill a man as the man could otherwise kill him. But women cannot kill a man and above all if a man killed a woman that would be cowardice. But these men could express their masculinity by raping her and rape is like killing a woman.” 

~ Mrs Fulrenu Guho

Almost 30% of Bangladeshi population has to suffer the repercussions of these mass rapes and massacres. These are just the reported cases, the actual number is much higher. Moreover, the data points that the number of spot rape cases were almost 70%, rest 12% occurred at other places and 18% in designated camps. 

The Bangladeshi government soon after the end of the war, gave the title of “birangonas” (war-heroines) to the raped women and shifted the focus to majorly three areas:

  1. Rehabilitation: Various rehabilitation centres were set up for victims.

  2. Abortion: Soon after independence, the government adopted the abortion programme, and international adoption was permitted.

  3. Financial Assistance: Government provided financial assistance in various ways to the victims of war-time rape.

Moreover, the government allowed the destruction of all records of abortions and international adoptions. Thus, at present, there is no official documentation recording the number of these abortions and adoptions. However, Lessa Gazi’s commendable documentary allowed the preservation of testimony of some of the victims of war-time rape. 

The United States, the Lemkin Institute for Genocide Prevention and Genocide Watch recognised the Genocide and atrocities committed during the Bangladeshi war. However, it has been more than fifty years since the war ended, and still, the Bangladeshi women have not received an official apology from Pakistan. 

We still haven’t received an apology from Pakistan for the horrendous war crimes it committed against the Bengali people.

~Saida Muna Tasneem

Non-recognition of these atrocities by Pakistan, the United Nations and the rest of the international community demonstrates that justice has not yet been delivered to the victims of these atrocities.

Way Forward: Lessons for the Future

During the War of 1971, the imagination of women as reproducers of a nation and symbols of honour has led to ignorance and violation of their bodily autonomy and integrity. As discussed above, the saga of sexual violence against women in the Bangladeshi Liberation War was infected by the differences in their Islamic and Bengali identity, along with racial, religious, cultural, historical and linguistic variations between these two different regions (East and West Pakistan). The intersectionality of sexual violence, along with other factors, needs to be recognised to better understand its impact on the victims and their families. The genocide of 1971 should be acknowledged to uphold international accountability and prevent future atrocities.

References:

  • Saikia, Y. (2011). Women, war, and the making of Bangladesh: Remembering 1971. Duke University Press.

  • Mookherjee, N. (2015). The Spectral Wound: Sexual Violence, Public Memories, and the Bangladesh War of 1971. United Kingdom: Duke University Press.

  • Mookherjee, N. (2015). The raped woman as a horrific sublime and the Bangladesh war of 1971. Journal of Material Culture, 20(4), 379-395. https://doi.org/10.1177/1359183515603742.

  • "Operation Searchlight and the University of Dhaka: Beginning of the Liberation War of Bangladesh", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.11, Issue 11, page no.d51-d66, November-2024, Available :http://www.jetir.org/papers/JETIR2411309.pdf.

  • Ranjan, Amit. “Bangladesh Liberation War of 1971: Narratives, Impacts and the Actors.” India Quarterly 72, no. 2 (2016): 132–45. https://www.jstor.org/stable/48505492.

  • MOOKHERJEE N. The absent piece of skin: Gendered, racialized and territorial inscriptions of sexual violence during the Bangladesh war. Modern Asian Studies. 2012;46(6):1572-1601. doi:10.1017/S0026749X11000783.

  • Chowdhury, E. H. (2016). War, Healing, and Trauma: Reading the Feminine Aesthetics and Politics in Rubaiyat Hossain’s Meherjaan. Feminist Formations, 28(3), 27–45. https://www.jstor.org/stable/26776835.

  • Guhathakurta, M. (1986). Gender violence in Bangladesh: The role of the state. Inst. of Social Sciences.

  • Ranjan, A. (2016). Bangladesh Liberation War of 1971: Narratives, Impacts and the Actors. India Quarterly, 72(2), 132–145. https://www.jstor.org/stable/48505492.

  • Mookherjee N. The Birangonas (War Heroines) in Bangladesh: Generative Resilience of Sexual Violence in Conflict through Graphic Ethnography. In: Clark JN, Ungar M, eds. Resilience, Adaptive Peacebuilding and Transitional Justice: How Societies Recover after Collective Violence. Cambridge University Press; 2021:143-163.

Part II: CRSV in Myanmar, Geneva Conventions and the Global Response

HUMAN.DROITS Community


This blog has been written by Saugat Subedi. He is an Undergraduate Final year Law Student at Tribhuvan University, Faculty of Law, Prithvi Narayan Campus, Nepal with a keen interest in International Humanitarian Law and Conflict Studies. He can be reached at saugatsubedi04@gmail.com.

Introduction

Any sexual violence of comparable severity committed against women, men, girls, boys or diverse genders that is either directly or indirectly connected to a conflict is referred to as Conflict-Related Sexual Violence (CRSV). This includes rape, forced prostitution, forced pregnancy, forced abortion, forced sterilisation, forced marriage, and sexual slavery. International Humanitarian Law (IHL), International Human Rights Law (IHrL) and International Criminal Law (ICL) jointly has been standing as a preventive and protective mechanism to combat the pre and post effects of CRSV with decisions made by the United Nations Security Council (UNSC), empowered by the UN Charter as complementary mechanism to oversee peace and security. With special regard to CRSV; IHL is found to be principally a regulating set of rules to prevent and address the violations that prosecute the potential perpetrators.

How does IHL protect CRSV in NIAC?

IHL in the context of NIAC is based on Common Article 3 of the Geneva Conventions (GCs)  with special regard to GC-IV (Relating to the protection of civilian persons in armed conflict), Customary IHL rules and Additional Protocol II. Only Article 27 of the Fourth Geneva Convention specifically mentions protecting women from rape and forced prostitution out of the 429 provisions that make up the four Conventions. On the other hand Additional Protocols maintain the idea that, despite the seriousness of these crimes, rape and other kinds of sexual assault are offenses against personal dignity rather than violent crimes.

The protection of civilians from CRSV in NIAC functions through universal principles and official international agreements of IHL. CIHL legitimises a ban on sexual violence which includes rape under Rule 93 and prohibits all kinds of slavery under Rule 94, Rule 134 mentions that “The specific protection, health and assistance needs of women affected by armed conflict must be respected”. According to Rule 156, “ Serious violations of international humanitarian law constitute war crimes”. Through Common Article 3 of the Geneva Conventions, parties agree to prohibit all attacks on life and person, including murder, along with mutilation and cruel treatment and torture and degrading humiliations of personal dignity ”violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture” is prohibited. 

When any state ratifies the Additional Protocol II to the Geneva Conventions, it extends additional protection measures to NIAC. Article 4(2)(e) lays down a complete ban against "outrages upon personal dignity" that includes both forced prostitution and degrading treatment including sexual violence and various types of indecent assault. All parties involved in NIACs have legal requirements to defend women and children from sexual violence through these established provisions. This set of regulations acts as a safeguard for the CRSV in times of NIAC and makes perpetrators responsible for committing such atrocities. 

Voices from the International Community addressing CRSV in Myanmar 

Since the military coup of February 1, 2021, the international community remains dedicated to criticising the ongoing CRSV incidents in Myanmar. Multiple nations together with various organisations acknowledge the seriousness of these abuses, demanding accountability for the perpetrators. UN Special Representative Pramila Patten issued a statement on February 3, 2025, denouncing the practice of using sexual violence against civilians for both military warfare and political control in Myanmar. The situation of survivors requires immediate international action, while the world must reestablish its attention to this crisis according to her statement. 

The UN Committee on the Elimination of Discrimination against Women issued a formal statement on July 3, 2024 to address the worsening sexual and gender-based violence experiences of women and girls since the Myanmar military seized power. The Committee demanded that all governments uphold international human rights and humanitarian laws to safeguard defenseless groups. While addressing the UN Security Council, Naw Hser Hser, who serves on the Advisory Board of the Women's League of Burma, demonstrated that CRSV has become extensive in Myanmar. She demanded worldwide backing to resolve these violations while simultaneously demanding punishment for the culprits. The activist recommended that the worldwide community must adopt practical solutions to combat such atrocities. 

Contemporary Provisions of IHL in response to CRSV: A set of lacunae 

Due to the absence of an intersectional view on sexual violence, IHL's extensive range of legal safeguards for CRSV victims in NIACs is insufficient during conflicts. The legal protections in Common Article 3 and Additional Protocol II exclude considerations of how different factors such as: gender, ethnicity, poverty, disability, and sexual orientation increase the vulnerabilities of persons in conflict zones. IHL disappoints significantly as it  recognises the acts of sexual violence which   principally targets female victims. The current perspective overlooks the unique circumstances faced by gender diverse groups along with men and boys since they experience CRSV without equivalent rights to protection and access to justice. 

Notwithstanding their weaknesses, IHL lacks protection measures for vulnerable groups who become more exposed to discrimination both inside and outside conflict zones,  including persons with disabilities, displaced and stateless persons, along with indigenous groups and religious minorities. Such laws become ineffective because they lack integrated frameworks which could allow proper identification of total CRSV cases alongside their effective reporting systems. Although sexual violence stands as a recognised rime Against Humanity [Art.7(1)(g) of the Rome Statute] and a War Crime in IAC [Art. 8(2)(b)(xxii)] as well as NIAC [Art.8(2)(e)(vi)], it provides no solutions to address the discriminatory systems which increase particular groups' exposure to violent attacks. Current legal provisions lack specific definitions for intersectionality that disregard the unique requirements of different survivor groups. IHL requires reforms to achieve true CRSV prevention in armed conflicts from intersectional perspectives, which could guarantee gender-sensitive justice mechanisms, thus protecting all conflict-affected marginalised identities.

Conclusion 

The situation of CRSV in Myanmar extends beyond legal and political matters to cause a profound human disaster which demands immediate action beyond mere verbal statements. The international reaction has been extensive yet cannot properly tackle the foundational problems or multiple weaknesses of survivors with ethnic backgrounds. IHL's structured framework needs better inclusiveness because it does not recognise how different aspects of human identities impact sexual violence. International actors consisting of states and human rights organisations need to promote justice that focuses on a survivor-centered approach. 

In order to explicitly handle the intersectionality issues, better reporting mechanisms along with long-term help programs are required that could support both economic and psychosocial needs of the CRSV victims.  Rather than just criticisms, survivors need fundamental changes in international approaches. The fight for justice extends beyond mere legal protections so that it (i) restores dignity (ii) ensures inclusivity and (iii) demonstrates that no one remains unnoticed in the pursuit of accountability. When this approach achieves its aims, we will create a world where CRSV becomes unacceptable.

References

Additional Protocol II to the Geneva Conventions. (1977). Protocol additional to the Geneva Conventions of 12 August 1949, relating to the protection of victims of non-international armed conflicts (Protocol II). https://ihl-databases.icrc.org/en/ihl-treaties/apii-1977

Geneva Conventions. (1949). Geneva Convention relative to the protection of civilian persons in time of war (Fourth Geneva Convention). International Committee of the Red Cross. https://ihl-databases.icrc.org/en/ihl-treaties/gciv-1949

International Committee of the Red Cross. (n.d.). Customary IHL database. International Committee of the Red Cross. https://ihl-databases.icrc.org/customary-ihl/eng/docs/home

International Criminal Court. (1998). Rome Statute of the International Criminal Court. https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf

Office of the High Commissioner for Human Rights. (2024, July 3). UN Women’s rights committee urges action to end gender-based violence against women in Myanmar. United Nations. https://www.ohchr.org/en/statements/2024/07/un-womens-rights-committee-urges-action-end-gender-based-violence-against-women

Patten, P. (2025, February 3). UN Special Representative condemns the continued use of sexual violence against civilians as a tactic of war and political repression in Myanmar and calls for renewed attention and urgent action. United Nations. https://www.un.org/sexualviolenceinconflict/press-release/un-special-representative-patten-condemns-the-continued-use-of-sexual-violence-against-civilians-as-a-tactic-of-war-and-political-repression-in-myanmar-and-calls-for-renewed-attention-and-urgent-actio/ 

United Nations Security Council. (n.d.). Security Council open debate on conflict-related sexual violence: Statement by Naw Hser Hser. Women’s League of Burma. https://www.womenpeacesecurity.org/resource/statement-unsc-crsv-open-debate-naw/ 

United Nations. (1993). Declaration on the elimination of violence against women. United Nations General Assembly. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination-violence-against-women 

United States Department of State. (2025, February 1). Four years from the military coup in Myanmar: Joint statement by Australia, Canada, the European Union, the Republic of Korea, New Zealand, Norway, Switzerland, the United Kingdom, and the United States. https://www.state.gov/four-years-from-the-military-coup-in-myanmar-joint-statement-by-australia-canada-the-european-union-the-republic-of-korea-new-zealand-norway-switzerland-the-united-kingdom-and-the-united-state/ 

Women's League of Burma. (2020). Statement to the United Nations Security Council on sexual violence in conflict. https://www.womenpeacesecurity.org/resource/statement-unsc-svc-open-debate-july-2020/