From the first week of May the news about Manipur and the alarming violence have been very gravely occupying the viewing space of both print and electronic media. The happenings were considered by Manipur state government as a law and order problem. But it was about to show its brutal face by the naked parade of two women conducted by the mob, who were subsequently gang-raped. This ugly incident has taken place in Bimom village on 4th May. The news was kept concealed but the media presons brought the video clip in public domain in July and that went viral. It shook the conscience of everyone in the state, country and world too. FIR registered says that 800 to 1000 miscreants were involved in the brutal crime. The brother who came to the rescue of his sister was beaten to death by the mob.
The other woman victim in the parade is the wife of a defence personnel retired as subhedar. He fought for the country in the Kargil war. Stating that he had been rendering service in the army to protect the country, he cried that he was unable to protect his wife from the mob. The husband of the gang- raped woman lodged the complaint on 18th May but no action was taken by the police. It is said that the police force was watching the ‘parade’ mutely without any initiative to protect the women. The ethnic violence has killed nearly 150 people, injured over 500 and displaced more that 50,000. Both the State and Union Governments are aware of all the crimes that were occurring in Manipur. Ethnic violence erupted sporadically throughout the State but no concrete step to arrest the violence was taken up.
At this critical stage, the Supreme Court of India took up the Manipur violence issue suo-motu and ordered the Governments for the details of the violence and action taken.
Intervention of Supreme Court
The Chief Justice of India, D Y Chandrachud has expressed his concern over the ongoing violence immediately after knowing about the brutal sexual assault on the two women in public. Subsequently the assaulted women filed petition at the apex court. Both the Union Government and the Manipur State Government were ordered to present their reply. The hearing on it started on 31st July 2023.
The horrific brutality on the two women occurred on 4th May and the Zero FIR was registered only on 18th May. The CJI headed Bench asked, “Why the police had taken 14 days to register FIR?” “What was the police doing for 14 days?”, the Bench asked further. The incident was not an isolated one and there would have been several such instances in the past.
The Solicitor General of India who represented the State government replied that the incident was brought to notice only on 18th May and seven arrests were made within 24 hours. When the number of FIRs, registered in total was asked for, the reply was – about 20 FIRs in the particular police station and over 6000 FIRs in the state. When the bifurcation of FIRs involving offences against women and other serious offences were sought, the Government could not offer the details. The CJI had expressed his surprise and enquired, when such facts are flashed in the media, how the state of Manipur was not in possession of facts. The CJI further said the viral video incident cannot be seen as a stand alone offence and commented that it is part of a systemic violence, which Indian Penal code recognises as a special offence. In such a case it is important that the state should have a specialised team. Violence is continuing unabated and there is a need to have a healing touch.
The Bench that comprises Justices JB Pardiwala and Manoj Misra emphasised on the need to rebuild confidence in those who have fled their native place and are stranded in relief camps to return to normal lives.
From the petitioner’s side, senior counsel Kapil Sibal it was stated that the fact clearly indicates that the “police collaborated with the perpetrators of violence.” “The police took the complainants to the crowd, and enquired. The statements of the victims under Sec. 161 of Cr.P.C. make the fact clear that the father and the brother of one of the women were killed and their bodies are still not recovered. Further, the incident of May 4 and a zero FIR were registered on 18th May. The video went viral on 19th June. Until the Supreme Court took cognizance on 21st June, there was no development in the case.
The petitions have opposed to the Centre’s proposal to handover the investigation to the CBI and transfer the trial out of Manipur.
A senior Advocate has highlighted that the women are still traumatised and hence it is important that they are able to narrate their experience to persons in whom they have confidence. “Victims of rape don’t talk about it. They don’t explain their trauma. First important thing is to build confidence in the shattered women.
Another Senior Advocate Dr. Colin Gonsalves highlighted that the statements of the victims point out that they were with the police company before the crime. He alleged that the sexual crime was not an isolated event and that there was a “larger conspiracy” behind it involving police complicity.
Advocate Shoba Gupta appearing for the victims said “We, the women of India also join the demand for a Special Investigation Team (SIT) to instill confidence. She underlined the need to ensure that this is done.
Advocate Vrinda Grover said that the targeted nature of the crimes cannot be ignored and pointed out that rape during communal violence should be dealt with as a separate offence under Sec 376(2) (g) IPC. She also highlighted that atrocities against Scheduled Tribes must be dealt with separately under the SC/ST (Prevention of Atrocities) Act 1989.
Senior Advocate Chander Uday Singh informed the Bench that the Supreme Court Advocates – on – Record Association (SCAORA) had passed a resolution to offer free legal aid to the victims of Manipur Violence and offered the assistance of SCAORA in any manner the court deems fit.
When Advocate Bansari Swamy appearing for an intervenor, urged the court to take cognizance of a similar incident of crime against women that took place in West Bengal, the CJI said, “We are dealing with something which is of unprecedented magnitude, namely crimes and perpetration of violence against women in a situation of communal and sectarian strife. Towards the end of the hearing the CJI assured the Senior Advocate Jaideep Gupta, representing Meitei organisation, that the violence perpetrated against any community will be dealt with even-handed justice.
Compiled by V. Kumaresan
Courtesy: Live.law online law journal
