New Delhi: Two women, who were victims of a horrifying incident shown in a video in Manipur, where they were paraded naked and subjected to sexual violence during the ongoing ethnic conflict in the state, have approached the Supreme Court through a writ petition said www.livelaw.in.
The petition is scheduled to be heard today, July 31, 2023, by a bench consisting of Chief Justice D Y Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. To protect their identities, the women petitioners are referred to as 'X' and 'Y' in the legal documents.
They are seeking directions for a fair and impartial investigation into the case. The petition was filed through Advocate on Record Javedur Rahman. The step taken by the two women who approached the Supreme Court through a writ petition highlights the urgent need for justice and accountability in such heinous acts.
Earlier on July 20, the Supreme Court had taken suo moto cognisance of the issue and had instructed both the Central and State Governments to report on the actions taken to apprehend the perpetrators. The court clarified that while it would allow some time for the government to act, it would intervene if prompt actions were not taken.
In response to the Supreme Court's directive, the Union Government, with the consent of the Manipur State Government, entrusted the Central Bureau of Investigation (CBI) with the investigation into the matter. Due to the seriousness of the offence, the Union Government also requested the Supreme Court to transfer the trial outside of Manipur. Furthermore, they sought a directive to complete the trial within six months from the filing of the chargesheet.
Another Public Interest Litigation (PIL) has also been filed, urging the formation of an independent expert committee led by a former judge of the top court to investigate 'incidents of sexual assault and ongoing violence' in Manipur.
The National Human Rights Commission (NHRC) has received complaints seeking its urgent intervention.
The ethnic clashes between the Meiteis and Kukis in Manipur have persisted for almost three months. One of the triggers behind the violence is the State Government's campaign against illegal encroachments in forest areas.
The Kuki side alleges that Chief Minister N Biren Singh launched this campaign specifically to target their community and even evict legal inhabitants. In contrast, the State Government asserts that the drive is aimed at evicting all encroachers regardless of their ethnicity.
Government data accessed by India Today NE supports the State Government's claim. According to the data, between October 24, 2015, and April 18, 2023, 413 families were evicted from Reserved Forest areas. Out of these, 280 families belonged to the Meitei community (143 Meitei and 137 Meitei Pangal), while 59 were Kukis. Additionally, 38 Naga and 36 Nepali families were also affected by the eviction drives.
The Kuki groups argue that under Article 371C of the Constitution, specifically applicable to Manipur, the State Government cannot arbitrarily make amendments to the scope of the Indian Forest Act, of 1927, in the hill areas of the State. Article 371C provides for the constitution of a committee of MLAs, including those from the hill areas, to oversee modifications to the State rules.
Various Kuki outfits have accused the Government of making "illegal" modifications to seize tribal land. However, State Government officials maintain that they followed the rules and emphasize that similar eviction drives were conducted in the Imphal Valley as well.
The situation in Manipur remains deeply concerning, with the ongoing ethnic conflict and violence causing immense suffering and trauma.
The Supreme Court's intervention and the subsequent transfer of the investigation to the Central Bureau of Investigation (CBI) demonstrate the gravity of the case and the determination to bring the perpetrators to justice.
Amidst the unrest, it is crucial for all stakeholders, including the State and Central Governments, to work together to find a sustainable resolution to the ethnic clashes in Manipur. Addressing issues like illegal encroachments on forest lands requires thoughtful and inclusive policies that uphold the rights and interests of all communities involved.
As the legal proceedings continue, the authorities need to ensure fair and impartial investigations, safeguarding the victims' identities and ensuring their protection.
Amid tragedy, Manipur needs healing and reconciliation. Dialogue and understanding between the conflicting communities are essential to foster peace and harmony in the region. Beyond legal actions, addressing the root causes of the conflict and promoting socioeconomic development can pave the way towards a more inclusive and peaceful future.
Ultimately, the pursuit of justice for the victims in Manipur must remain a priority for the entire nation. The collective efforts of the judiciary, government bodies, civil society, and citizens are essential in ensuring a safer and more equitable environment for all residents of Manipur, regardless of their ethnicity or background. Only through a sustained commitment to justice, human rights, and unity can we hope to bring an end to the cycle of violence and usher in a brighter and more harmonious tomorrow for Manipur.