Manipur Violence| Violence Against Women All Over Country Is Part Of Our Social Reality: CJI Says On Plea For Protection Of 'All Daughters Of India'
A Bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra today said that it may pass an order constituting a Committee comprising retired women judges and subject matter experts to interact with victims of sexual violence in Manipur riots.
During the hearing of a batch of cases relating to Manipur violence, including the petition by the two women who were videographed while being paraded naked and sexually assaulted, the Chief Justice made strong remarks against the administration. The CJI asked why the police took many days to register even a zero FIR in the case. The CJI remarked that there is a need for a healing touch to restore the faith of the people of Manipur in the administration.
While most of the petitioners and intervenors before the Court are seeking intervention by the Court in the investigation into the violence committed in Manipur and most of them are either directly or indirectly representing the Kuki community, an intervention application was moved by a women's organisation Sangani Saheli by PB Foundation, seeking that same action, as is proposed to be taken in the case of women victims of Manipur violence, be taken in cases of violence against women in West Bengal and other states.
The submission of the intervention applicant was that though the Apex Court took suo moto cognisance of the incident of sexual violence against the two women in Manipur, there are similar incidents happening in other states, which are not getting similar considering by the Court. The applicant pointed out the large-scale violence against women post the panchayat poll in West Bengal, allegedly to punish the electorate. It was submitted that the Apex Court must treat all "daughters of India" equally.
Advocate Bansuri Swaraj appearing for the applicant submitted, "After this horrific incident came to light, in Manipur in May, an identical incident took place both in Bangal and in Chhattisgarh". She was interrupted by the CJI who said, "We will hear you on that later. We are dealing with Manipur right now".
Bansuri continued, "I understand My Lord, I just have a very humble prayer". "We will hear you later on that", the CJI persisted.
"Whatever mechanism My Lords are setting up, whether it is transferring the investigation to CBI, or my lords are monitoring the investigation, the daughters of India, pan India, need to be protected. I am grateful to My Lords for taking cognizance of what happened in Manipur. My Lord may kindly just permit me one minute", she said. "Yes, certainly'', the CJI responded.
"My lord, as I said, the horrific video came to light in May 2023. In July, a mob of 40 to 50 men disrobed a panchayat poll candidate, molested her and paraded her nude in the village in the district of Howrah in West Bengal. Another candidate in post-poll violence was also paraded nude. Identical My Lord with what happened in Manipur. No FIR has been registered till date", she submitted.
The CJI again interrupted Bansuri and said, "Ms. Swaraj the only distinction is this. Undoubtedly, there are crimes which are taking place against women all over the country. That's a part of our social reality. We are dealing with something which is of unprecedented magnitude, viz. in terms of perpetration of violence against women in a situation of communal or sectarian strife of the nature that is taking place in Manipur. There is no gainsaying the fact that there are crimes which are taking place against women, possibly as you say in West Bengal as well. The only answer is this, you cannot excuse what is taking place in one part of the Country like Manipur on the ground that this is now (inaudible) and there are several other crimes against women as well. Question is how do we deal with Manipur? If you have something to assist the Court on that or something in terms of laying down a framework for investigation, please tell us that", the CJI responded.
Bansuri responded by saying, "My lord in the case of West Bengal it is equally grave because there the violence against women is actually being used to punish the electorate. Ms. Indira Jaising was asking for the number of FIRs, she said 5995 FIRs in Manipur. My lord, 9304 FIRs in West Bengal. Only 3% of people are incarcerated. 97% of the perpetrator are roaming free. My Lord my humble request, the conscience of civil society has definitely woken up here. What is happening in Manipur cannot be condoned. Bone-chilling facts are coming to light after what happened in Manipur. Similar things are happening in Rajasthan, West Bengal, Chhattisgarh and Kerala. My Lords may kindly protect all daughters of India and not limit that mechanism only to Manipur".
"Ms. Grover was talking about Scheduled Caste. Two women in Bikaner and Karauli districts in Rajasthan have been raped and the perpetrators of gang rape, the accused, are police officers. All daughters of India", the Advocate submitted.
"Are you for a movement saying that do something for all the daughters of India or don't do anything for anybody at all?" asked the CJI. She responded by saying that the mechanism must be applied to all the daughters of India and concluded her submissions.
The Court then heard the Attorney General and the hearing continued. The Court has adjourned the matters to tomorrow, when the Centre has been directed to furnish some information and also respond to the suggestion of names for the constitution of SIT for investigation. (read full report)
The intervention application filed through Advocate Siddhesh Shirish Kotwal highlights incidents from the state of Chhattisgarh and Rajasthan and states that "The incapability of the respective State Governments and police machinery to maintain law and order has further exacerbated the situation".
Cause Title: Dinganglung Gangmei v. Mutum Churamani Meetei & Ors. (SLP(C) Diary No. 19206 of 2023)