While hearing the case concerning the ‘Manipur Viral Video’ wherein two women were paraded naked, the Chief Justice of India DY Chandrachud said that it is not an isolated incident against women related to the violent incidents in Manipur. “This video is not the only incident of assault on women. An affidavit filed by home secretary indicates multiple instances,” the Chief Justice said.
The two women in the viral video moved a writ petition before the Supreme Court of India. The court’s three judge bench, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, heard the case. The two victims moved the writ petition along with an application for protection of their identity, and their identities have been concealed as ‘X’ and ‘Y’ in these petitions. The Chief Justice of India asked the government’s counsel to provide details about the incidents of violence against women lodged since May 3, when the violence broke out between the two communities – Meitei and Kuki.
Meanwhile, the counsel for the two women in the video, Senior Advocate Kapil Sibal, submitted that the petitioners are against the Government of India transferring the investigation into the incident to the Central Bureau of Investigation. He further informed the court that the petitioners are against moving the matter out of Manipur as well. Furthermore, Kapil Sibal has alleged that the State Police was collaborating with the aggressors.
The intervenor’s counsel, Senior Advocate Indira Jaising, informed the court that the two women in the video are not the only victims of sexual violence in the State. “There is enough indication that there has been sexual assault of several women,” she said.
The intervenor’s counsel further submitted that as per the Government of India’s report, 595 FIRs have been registered. She also contended that the court should have data related to the nature of complaints. “As per union’s status report, 595 FIRs have been registered. How many of these relate to sexual violence, and how many are arson, murder- I agree there is no clarity…Before you reach investigation, this court should have data,” she said.
Meanwhile, another intervenor’s counsel, Advocate Bansuri Swaraj, informed the court that an identical matter took place in West Bengal during the recent Panchayat Elections. The Chief Justice responded, “We’ll hear you later, let’s hear Manipur first.” The counsel further submitted that a panchayat candidate was stripped naked and paraded in West Bengal.
“Undoubtedly there are crimes which are taking place against women across the country- that is our social reality,” the Chief Justice of India said.
“But here, we are dealing with something which is of unprecedented nature- violence in a situation of communal and sectarian strife. What suggestions do you have for Manipur? Mention that,” he added.
Bansuri Swaraj contended that all women must be protected, informing the court that there have been similar instances in Bikaner, West Bengal and that the same is not an isolated incident. “Are you saying protect all women or don’t protect anyone?,” the Chief Justice responded.
Thereafter, the Chief Justice of India asked the Solicitor General of India, Tushar Mehta, how many FIRs have been registered in the State. The SG informed the court that about 6,000 FIRs have been registered in the State. “You say there are 6000 FIRs- How many of them involve crime against women? How many involve offences like murder, arson etc? What is the bifurcation between these 6000 FIRs?,” the court asked the Solicitor General. The court further asked, “Out of these, how many were recorded as zero FIRs?”
The Solicitor General responded, “(We) don’t have instructions but whenever the police gets information, and territorial jurisdiction is not clarified, it is registered at zero FIRs.” The Chief Justice replied, “Right…But we want to know how many zero FIRs, what was the action taken, are there any 156 proceedings, to what extent has been legal aid provided? The other thing- is this the only standalone incident of violence on women? Or how many such FIRs are there?”
“Suppose there are 1000 such cases- then is the CBI in position to conduct investigation in all these incidents? Because they’re all connected,” the Chief Justice further remarked. The Solicitor General said, “There will be atleast one woman officer who will report back to you. I’m requesting this should be moved out of the state of Manipur.”
“We need to know bifurcation of 6000 FIRs, how many zero FIRs, how many forwarded to jurisdictional magistrate, action taken, how many in judicial custody, how many involving sexual violence, position of legal aid, how many 164 statements recorded so far,” the court reiterated.
“Our idea is ultimately that we restore the faith of the community – in constitutional process. That’s the message we need to send,” the court further remarked.
Thereafter, the Global Meitei Foundation’s counsel intervened and said, “I appear for global Meitei foundation. I am not addressing your lordships on issue you’re focusing on now.” The Chief Justice responded, “Mr Gupta, rest assured that violence perpetuated against any community will be dealt with even-handedly.”
“At some stage, we need to see underlying issues which is causing violence. Mr Gonsalves application deals with it, ours also deals with that. Violence will only stop when your lordships addresses it at some stage. But that comes second to this,” the Global Meitei Foundation’s counsel said.
“There will be victims who are Meiteis also. Obviously there will be violence on both sides…it’s an issue of communal strife,” the Chief Justice remarked.
The court listed the case for next hearing at 2 pm tomorrow, August 1.
Background
On July 20, the Supreme Court took cognizance of the viral video of two women being paraded naked and subjected to sexual violence in Manipur. The video was from May 4. “We are very deeply disturbed by the videos which have emerged yesterday about the two women who were paraded in Manipur. We are expressing our deep concern. It is time that the government really steps in and takes action. This is simply unacceptable,” the Chief Justice said.
The Chief Justice then sought the details of action taken against the perpetrators since May and warned the government, “We will give a little time for government to take action otherwise we will step in.” The case was listed before the court on July 28; however, it was not considered as the Chief Justice did not preside that day. The matters pertaining to Manipur violence would now be taken up on July 31.
In response to the distressing video, the Government of India has decided to entrust the investigation into the incident to the Central Bureau of Investigation (CBI). The decision to transfer the investigation into the incident was taken considering the gravity of the offence and with the consent of the Manipur Government.
The Government of India has said that it has “zero tolerance towards crimes against women” in its affidavit and submitted that several remedial steps have been taken to support the victims. Furthermore, the government has requested the Supreme Court to transfer the case trial to another state and sought a direction to complete the trial within 6 months of filing chargesheet.
“Legal aid has also been offered to the victim to district legal service authority. The state government has formulated rehabilitative measures for the victims, including counselling from a trained professional, shelter at a place of choice meeting secrecy and security, arrangement for education in case of willingness to pursue education, assistance with meaningful livelihood, adequate provisions for vocational training and suitable job to the victim and the next of kin subject to the willingness and suitability,” the government’s affidavit read.
The Government of India, in its affidavit, also informed the court that it is monitoring the law and order situation in Manipur to expedite the process of justice, even though the matters fall under the State Government’s jurisdiction. The government also informed the court that several measures have been incorporated to ensure security and provide necessary assistance for swift investigation, rehabilitation and remedial action.
Furthermore, the government has mandated that all such incidents are reported to the Director General of Police (DGP) and offered suitable rewards to whistle-blowers for reporting such incidents, ensuring their anonymity.
