'Manipur CM Admitted That There Are 100s Of Such Cases' : TMC MP Mahua Moitra Seeks Supreme Court-Monitored SIT Probe Into Manipur Sexual Violence

Mahua Moitra, who is serving as a Member of Parliament, Lok Sabha from Krishnanagar has sought to intervene in the batch of petitions concerning widespread sexual violence in the State of Manipur amidst the ethnic clashes. Through her application, Moitra has sought for an independent Special Investigation Team (SIT) consisting of senior serving or retired police officers drawn from different parts of the country in the matter. She has urged the investigation carried out by the SIT to be supervised by the Supreme Court.

The intervention application was argued before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra along with other petitions. Senior Advocate Indira Jaising, appearing for Moitra, highlighted the trauma that women have gone through and suggested that women, who have experience in dealing with victims of sexual violence amidst riots, be asked to interact with the victims. Jaising emphasized the importance of building confidence among rape victims, as they often hesitate to share their traumatic experiences. She proposed the formation of a High Powered Committee consisting of women from civil societies who possess relevant experience in dealing with survivors. She said–

"Victims of rape don't talk about it. They don't come out with their trauma. First thing is to build confidence. Today we don't know that if the CBI starts investigation, women will come out. First there should be a High Powered Committee - with women from civil societies who have experience in dealing with survivors...", she said.

As per the application, as of July 14, 2023, there have been over 142 deaths and 419 injuries, 5995 cases of arson, and more than 50,000 people displaced in Manipur. However, the local activist groups suggest that the actual figures may be much higher. There are also no official figures in the sexual violence that has been committed on women during these violent clashes. The application adds–

"The most shocking, is that after the graphic incident that occurred on May 4, even the chief minister has admitted that there are hundreds of such cases throughout the state. The CM has admitted that the incident occurred, and that zero FIRs have been lodged."

The application states that there are around 6000 cases and FIR that have been launched across the state and several other cases which have not come to the light. Some of the survivors, as per the application, and as young as 19 years old. It adds–

"Several international forums have held that widespread sexual violence occurs in situations of ethnic conflict and are treated as a crime against humanity. Rape committed during civil strife is often intended to terrorise the population, break up families, destroy communities, and in some instances, change the ethnic make-up of the next generation."

As per the application, given the widespread nature of lawlessness in the state of Manipur, it is "obvious that despite efforts being made by appropriate authority to deal with the situation, the sheer workload involved is of a nature which the personal is not equipped to deal with effectively". Thus, noting that the root cause of the problem is conflict between polarised communities, the application argues that investigations of the crime should be conducted by an SIT consisting of senior serving or retired police officers drawn from different parts of the country and that investigation be supervised by the Supreme Court. 

Highlighting testimonies of victim, the application states that the state machinery cannot be trusted with the investigation and the prosecution of cases of violence, especially sexual violence. It contends–

"To deny the victim their fundamental right to speedy trial and an impartial prosecution after the horrors that they have been subjected to would be a travesty of justice and a gross violation of fundamental rights."

From today's hearing in Supreme Court : 'Manipur Violence Not Isolated, But Systemic; Why Police Took 14 Days To Register FIR?' : Supreme Court Seeks Answers From Union, State

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