Manipur Police Omitted Section 376(2)(g) IPC & SC/ST Act In Sexual Violence FIRs: Women Group Tell Supreme Court

In the batch of petitions concerning unprecedented sexual violence against women in Manipur amidst the ethnic clashes in the State, women centric citizens' network groups have filed intervention applications seeking for the formation of independent Special Investigation Team (SIT) to investigate the violence under the supervision of the Supreme Court. The intervention applicants include Women in Governance-India (WinG-India) a network of academics, social workers and women's rights activists along with We the Women of India (WWI), a citizens' network group created to address issues faced by women. A similar prayer has also been sought by TMC MP Mahua Moitra.

The applications highlight that even after almost three months since the outbreak of violent clashes in Manipur, the Central and the State governments have failed to restore peace in the strife torn state.

Deliberate Omission By Police In Invoking Section 376(2)(g) & SC/ST Act: WinG-India

WinG-India, represented by Advocate Vrinda Grover, has argued that there is an evidence of targeted sexual violence directed against women’s bodies, particularly women of the Scheduled Tribes of Kuki-Zo community. As per the application–

"In the present situation women from the minority, tribal and marginalised Kuki-Zo community, viewed as the “other” were targeted by mobs of the dominant community. Conflict also deepens pre-existing fault lines of gender disparity in access to nutritious food, quality and comprehensive medical care, and sanitation are further amplified for displaced women living at relief camps." 

In this context, the application has highlighted incidents such as that of two Kuki women- aged 24 years and 21 years who were working at a car wash in Imphal and were tortured, gang raped, and murdered by a mob of Meitei men. As per the application, the families of the women have received no updates on the investigation undertaken or arrests made (if any). The families wish for the post mortem to be conducted outside the state of Manipur and for a copy of the post mortem report to be handed to them. They also want the remains of their daughters preserved in a dignified manner, and handed back to them swiftly.

WinG-India has also contended that there is a deliberate omission by the police to invoke Section 376(2)(g) of the Indian Penal Code, which specifically defines the offence of rape during sectarian violence. Further, it is stated that the relevant sections of the SC/ST (POA) Act were also not invoked in the FIRs. It is argued that to enable access to justice for Kuki-Zo women, "the targeted violence inflicted on them needs to be viewed through the lens of intersectionality, recognising the overlaying of multiple forms of structural and systemic discrimination and oppression, stemming from their gender identity, and status as a Scheduled Tribe, minority and subordinate economic position."

The application adds–

"This exposes the partisan, defective and prejudicial investigation being conducted by the local police to shield the culprits from the strict penalties imposed under the Act and deny the deceased victims and their families the panoply of rights guaranteed under the said Act. The non-invocation of the SC/ST (PoA)Act by a public servant, not belonging to an SC/ST Community, is itself an offence, punishable as neglect of duties under Section 4 of the said Act."

Accordingly, the application seeks for an SIT comprising senior police officers, drawn from outside the State of Manipur, to carry out an independent, impartial, professional and time bound investigation and submit regular status reports to Supreme Court on all incidents and FIR(s) related to gender based violence, including targeted sexual violence committed against women of the Scheduled Tribes of Kuki-Zo community. 

The application also seeks for medical aid including psychological care and transportation and relocation outside the State of Manipur in cases where specialised medical aid is required to victim-survivors.

FIR Shall Be Registered Against Complacent Police Officers: WWI

As per the application filed by WWI, the ruthless display of barbarism by the mob shown in the viral video has bought the entire country shame but the FIRs in the matter remain completely silent. Raising similar issues as the WinG-India, the WWI, represented by Advocate Shobha Gupta has sough for the following directions to be issued by the Supreme Court –

i) FIR shall be registered against the complacent and erring police officials and against all the assailants/ accomplices/ perpetrators who all were seen in the video.

ii) Ten Members’ Team of Lawyers and Retired Judges including at least four female lawyers/judges may be formed under the monitoring of this Hon’ble Court to visit the Relief Camps in the State of Manipur and meet the victims and record their statement.

iii) The Team shall assist the victims in registering their FIRs incorporating all necessary sections and must ensure that no act of violence is left unreported.

iv) This Hon’ble Court may constitute an Independent ‘SIT’ to investigate all the crime(s) against women within a time frame.

v) The State of Manipur and the Central Government may be directed to extend full cooperation and assistance to the Special Investigating Team to complete the investigation at the earliest without any unnecessary hindrances or obstacles.

vi) The survivors of the heinous crimes may be provided legal aid under the aegis of National Legal Services Authority (NALSA).

(vi). The survivors of sexual and other violence, may be provided necessary counselling and compensation.

(vii). The trial may be conducted at a neutral place like Delhi, etc. in a Fast Track Court through Hybrid Mode, to be concluded within a period of 30 days. The evidence of the witnesses can be recorded through Virtual Mode.

(viii). The State of Manipur may be directed to take immediate measures for-

i. cleansing the debris, providing rehabilitation by reconstructing the houses of the victims of communal violence and restoring them to their original positions, all at State expenses. Necessary compensation should also be given for buying rations and other utilities.

ii. The State should ensure proper security and vigil so that such incidents are not repeated. Sufficient number of CCTV cameras may be installed to ensure that no anti-social element is able to go scot-free and any such planning and plotting can be apprehended in advance.

iii. In order to heal the wounds of the people, it will be reassuring if senior officials of the government visit and speak to the victims and assure them that they are with them and doing all the needful to restore peace and harmony in the state.