Manipur Violence| Committee Of Women Judges Suggests Use Of Aadhar Card For Victims Who Have Lost Belongings

The Supreme Court-appointed Committee of three retired women judges tasked with overseeing the relief, remedial, compensation and similar measures for the victims of the Manipur Violence has recently submitted three reports that span 74 pages in total, shedding light on the loss of personal documents belonging to displaced individuals, seeking upgradation of the Manipur Victim Compensation Scheme of 2019 and appointment of experts who can assist in facilitating their work.

Out of the three reports filed, the First-report highlights that amongst the several gaps which could impact the benefit of relief and rehabilitation measures reaching the persons affected and displaced by the violence in Manipur, the first and foremost difficulty would be the non-availability of documents for identification. "It is widely reported in the media that the properties of the displaced persons stand permanently destroyed", reads the first Report.

The first report also highlights that "disbursements of benefits under any Government schemes, including of compensation, are being effected only through bank accounts. The displaced persons would also not be having records of their bank accounts which would also delay disbursement of these benefits."

Further, it says that "Specially abled persons additionally need valid Disability Certificates for grant of special benefits which certificates are issued by the Health Department, Government of Manipur. These certificates may also have got lost/destroyed in the displacement on account of the violence in Manipur."

Suggesting an alternative for the same, the committee has recommended the use of the Aadhar Card since the process of obtaining a copy of the Aadhaar Card may be the simplest. Given the fact that the Unique Identification Authority of India (UIDAI) has all necessary information in digital format and even the biometrics of the concerned individual are stored, it can easily supply a copy of the card.

It is prayed in the report that to ensure that Aadhaar Cards are made available to displaced individuals with existing records in the Aadhaar database, directions be issued to banks in the affected areas of Manipur, requiring them to provide displaced persons access to information about their bank accounts and issuance of Disability Certificates or duplicates thereof to differently-abled individuals in the relief camps. 

The Second-report undertakes an examination of the Manipur Victim Compensation Scheme, 2019 and states that the Scheme covers an extremely limited number of offences entitling compensation. Given the nature of violence and offences in Manipur, the outreach of the Scheme needs to be immediately widened, submits the Report.

"Immediate payment of a fixed cash amount be incorporated into the scheme as the victims on dependants have lost all their belongings; the maximum limit fixed under Clause 8 of the Scheme requires to be reconsidered; immediate release of funds, not later than 2 days for interim compensation, and not later than 2 weeks in the case of final compensation" are some points which have been suggested. 

Further, it says that Para Legal Volunteers/ Law students/ students be involved to go through FIRs, identifying sections under which they have been lodged, finding out details of victims/ dependents and identifying them, details of Aadhar Cards and bank accounts and forwarding the same to the Secretary, District Legal Services Authority. 

The Second report also highlights that as per the enquiries made it has been revealed that the 16 Districts in the State are covered by only 9 Legal Secretaries of the DLSAs. Therefore, a single Secretary may be covering more than one District. This would lend gross inefficiency to the expeditious processing of the entitlements to compensations and disbursements.

The Third-report proposes a Committee for domain experts to facilitate its working. A panel of 12 experts has been suggested by the Committee. "The Committee has found that the directions issued by the Court on the 07.08.2023 fall broadly under seven thematic subjects and has identified highly accomplished and experienced experts to assist the evaluation and consideration thereof", reads the Report. 

Apart from the above, the Report suggests that to engage with authorities and officials at all levels of the Government machinery who are located in far-flung relief camps in remote districts as well as the senior most in the bureaucracy. It is, therefore, essential to have urgent assistance from accomplished and efficient former senior bureaucrats who have served in the Manipur Cadre. The report suggests names of a total of 4 retired officers. 

These 3 reports were on August 21, 2023, presented before the CJI-led bench which had directed the Registry to share soft copies of the three reports with the Advocates-on Record representing the parties in these proceedings and the counsel instructing the Solicitor General of India. "Suggestions in that regard shall be collated by Ms Vrinda Grover, counsel in due consultation with the Expert Committee which shall be shared with the Advocate General for the State of Manipur by 10.00 AM on 24 August 2023. The proposed procedural directions may be formulated with an agreed understanding on all sides so as to facilitate orders", read the order. 

Among the batch of cases, Advocate Vishal Tiwari had in the Public Interest Litigation sought the constitution of an independent committee under a retired Apex Court judge to inquire into the incidents of sexual assault and violence in Manipur. The matters will now be considered by the Apex Court on August 25.