Manipur Violence : Judges Committee Seeks Various Directions For Relief Of Victims [Read Summary Of Reports]

In view of the Supreme Court’s judgment on August 10, 2023, passed in Manipur ethnic violence, the Committee, constituted by the Court, submitted three reports wherein appropriate directions were sought. In these reports, the Committee has suggested several measures.

The matter was heard by a Bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. In the judgment, the Court directed the constitution of a committee of three women judges to oversee the humanitarian works for the victims. The Committee headed by Justice Gita Mittal (former Chief Justice of J&K High Court), and also consists of Justice Shalini Phansalkar Joshi (former Bombay HC judge) and Justice Asha Menon (former Delhi HC judge), submitted the said reports before the Supreme Court and have sought for appropriate directions.

Report No. 1

The first report, submitted by the Committee, expressed concerns regarding the non-availability of documents for identification, which could benefit relief and rehabilitation measures reaching the persons affected and displaced by the violence in Manipur. These documents would include Aadhaar cards, election cards, driving licenses, ration cards, BPL cards, etc.

Based on these observations, the Committee sought for following directions:

1. Direct the Deputy Director General, Unique Identification Authority of India, Regional Office, Guwahati (the concerned office), as well as the Secretary, Department of Home Affairs, Manipur, to jointly take all steps to ensure availability of the Aadhaar Card to the displaced persons whose records are available with the Aadhaar Authorities.
2. Direct the Secretary, Department of Finance to issue appropriate instructions to all Banks in the affected parts of Manipur to make available the details of the bank accounts held by the displaced persons to them. (This direction was sought in the backdrop of disbursing the benefits under any Government schemes,including compensation as the same is effected only through bank accounts.)
3. For granting special benefits to Specially abled persons, direct the Secretary, Department of Health, Government of Manipur to take all urgent steps for issuing the Disability Certificates/Duplicates of Disability Certificates to Specially abled persons in the relief camps immediately.

Report 2

In its second report, after examining it, the Committee listed the salient features of the Manipur Victim Compensation Scheme, 2019 (Scheme). Further, based on National Legal Services Authority (NALSA) scheme and schemes under different State Legal Services Authorities, the Committee suggested certain amendments/modifications in the Scheme. These include:

1. Time-bound directions need to be given to NALSA to examine and give recommendations regarding offences other than those covered and fixation on rates of interim compensation. A Committee of designated authorities would fix the final quantum. This suggestion was necessary as the Scheme contains limited offences that entitle compensation.
2. Further time-bound directions are required to be given to the disbursing authorities (District Collectors) in Manipur to implement the Scheme.
3. Para Legal Volunteers/ Law students/ students be involved to go through FIRs, identify sections under which they have been lodged, find out details of victims/ dependents and identify them, details of Aadhar Cards and bank accounts and forward the same to the Secretary, District Legal Services Authority (DLSA).
4. Moreover, the Scheme needs to be amended to permit Secretary, Manipur State Legal Services Authority (MASLSA), to take up any matter suo moto. If that is not possible, legal aid lawyers may be provided to file applications. After considering all the facts, DLSA Secretaries would pass orders for compensation which would be in nature of interim relief and forward the same to the District Collector for disbursal of the compensation.
5. In respect of children who are orphaned and produced before the CWCs, compensation can be given to them as well. In Delhi, by virtue of a judgment of the High Court, the account in the bank can be opened under the supervision of the Superintendent of the Children's Home where the child is placed. DLSA Secretaries to ensure the same.
6. Immediate payment of a fixed cash amount be incorporated into the Scheme as the victims on dependants have lost all their belongings.

Given the aforenoted background, the Committee sought for following directions:

1. Direct the High Court of Manipur and the Government of Manipur to urgently complete the process of appointing Secretaries of the District Legal Services Authorities to all the 16 Districts (This direction was sought in the backdrop of the enquiries made by the Committee which revealed that 16 districts in the State are covered by only 9 Legal Secretaries of the DLSAs).;
2. Direct that the Home Department, Government of Manipur and the High Court of Manipur to forthwith examine the issues flagged above and the NALSA Scheme and make appropriate amendments/modifications/additions in the Manipur Victim Compensation Scheme, 2019, in any case within two weeks.
3. Direct NALSA/ Government of Manipur/Government of India to place adequate funds at the disposal of MASLSA/District Collectors/Competent Authorities for releasing compensation to the victims under the Scheme. This is necessary to ensure that funds are in placed at the disposal of the authorities to enable disbursement of the compensation to everybody who is covered under the Scheme.
4. To ensure expeditious disbursement of the compensation, direct the Police Authorities to forward immediately after registration, soft and hard copies of FIRs registered so far or as may be registered hereafter to the concerned District State Legal Services Authority.
5. Directions be issued to the Government of India and Government of Manipur to provide information regarding Manipur Victim Compensation Scheme, 2019 as well as any other Special Schemes to the displaced persons under which they can take benefit.
6. The DLSA should be directed to provide support to them for getting the benefit of the said Schemes and the government should also expeditiously provide the benefit to them. DLSA Secretaries be directed to arrange and ensure for immediate assistance medical or otherwise and direct the same where necessary.

Report No. 3

In its Report 3, the Committee has broadly classified the directions issued by the Court under seven thematic subjects. These include compensation, violence against women, Comprehensive psychological assistance, and mental health care. While compensation will be dealt with by the Committee itself, for the other aspects, the Committee has identified highly accomplished and experienced experts to assist in evaluating and considering the same.

1. For violence against women and Comprehensive psychological assistance and mental health care, the Committee suggested the name of Dr. Harish Shetty E, Dr. Shekhar Seshasdri, and Dr. Padma Deosthali.
2. For medical health care Dr. Raman Kataria and his team at the Jan Swasthya Sahyog are suggested;
3. For relief camps, the names of the following experts are suggested: Dr. Nivedita Haran (Reid.), (Indian Administrative Service), Dr. Smita Premchander (Secretary, SAMPARK and Development Advisor)
4. For data reporting and monitoring- Arghya Sengupta (Founder, Vidhi Centre for Legal Policy) Ms. Vidya Reddy, Dr. Shaibya Saldanha, Dr. Sannuthi Suresh

The Committee added another subject of Geriatric care to ensure special care is accorded to the elder people. The same was suggested to be dealt with by Dr. Aabha Chaudhary.

The Committee also noted that it is necessary to engage with authorities and officials at all Government machinery levels located in far-flung relief camps in remote districts. However, ascertaining their particulars and contacting them can prove to be complicated. Therefore, urgent assistance from an accomplished and efficient former senior bureaucrat who has served in the Manipur Cadre was suggested. For such purposes, the names Mr. R.R. Rashmi, IAS, Mr. Jarnail Singh, IAS, Mr. A.N. Jha, IAS, Mr. Suresh Babu, IAS were recommended.