New Delhi: The Supreme Court has said that visceral violence against women during conflict is nothing but an atrocity, while giving two months for the two panels it formed on Manipur, which has been besieged by sectarian strife since the first week of May 2023.
The panels-Dattatray Padsalgikar, former deputy national security adviser and former Director General of police (DGP) of Maharashtra, and a high-powered committee of three retired women high court judges, were tasked to submit their reports on the investigation and the efficacy of relief and rehabilitation measures in Manipur.
According to the order sheet of August 7 proceedings, which was released late on Thursday evening, the top court has asked Padsalgikar to investigate the allegations that certain police officers colluded with perpetrators of violence (including sexual violence) during the conflict in Manipur.
Centre, State to cooperate- “The Union Government and the State Government shall provide any assistance required in order to carry out this investigation. The findings shall be submitted to this Court in the form of a report,” said the order.
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Earlier, in connection with video of Manipuri women being paraded naked, the top court has said it was ‘deeply disturbed by the visuals,’ and what was portrayed in the media indicated gross constitutional violations and infractions of human rights.
In the order, a bench headed by Chief Justice of India D Y Chandrachud expressed its anguish of the manner in which women have been subjected to grave acts of sexual violence in the course of the sectarian strife in Manipur.
The bench, also comprising justices J B Pardiwala and Manoj Misra, said that subjecting women to sexual crimes and violence is completely unacceptable and constitutes a grave violation of the constitutional values of dignity, personal liberty and autonomy all of which are protected as core fundamental rights under Part III of the Constitution.
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“In time of sectarian violence, mobs use sexual violence to send a message of subordination to the community that the victims or survivors hail from. Such visceral violence against women during conflict is nothing but an atrocity. It is the bounden duty of the state – its foremost duty, even – to prevent people from committing such reprehensible violence and to protect those whom the violence targets,” said the bench.
What Padsalgikar will do? Padsalgikar will oversee the investigation to be carried out by CBI into at least 12 cases of crimes against women that the Centre conceded will be probed by the central agency. He will also monitor and supervise the 42 special investigation teams (SITs) constituted by the Manipur government for probing more than 6,500 other FIRs registered in the state in connection with violence.
'Role of all-women committee'- In its 36-page order, the top court said the all-women committee of three former high court judges will enquire into the nature of violence against women, ensuring conditions of dignity in relief camps set up for displaced persons including suggestions for additional camps, payment of compensation and restitution to victims of violence, and also ensuring physical and psychological well-being of people at relief camps.
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Need for fact-finding- The top court said the victims of violence must receive remedial measures irrespective of their community and the perpetrators of violence must be held accountable irrespective of the source of violence. “There are serious allegations including witness statements indicating that the law-enforcing machinery has been inept in controlling the violence and, in certain situations, colluded with the perpetrators...Such allegations require an objective fact-finding to be conducted,” the court said.
Promise of justice- “Every officer of the state or other employee of the state who is guilty not only of the dereliction of their constitutional and official duties but of colluding with perpetrators to become offenders themselves, must be held accountable without fail. This is the promise of justice that the Constitution demands from this Court and from all branches of the state,” it said.
To restore rule of law- The top court said there is a need to ensure that the violence ceases, the perpetrators of violence are punished according to the procedure established by law, and that consequently, the faith and confidence of the community in the justice system is restored. Secondly, there is a pressing need to ensure that the rule of law is restored and public confidence in the investigative and prosecutorial process is sustained, it added.
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The apex court criticised the N Biren Singh government saying that tardy pace of investigation by the investigating machinery in the State of Manipur has emerged from the material which was placed before it, and also criticized delays in lodging of FIRs and no arrest, among other reasons. The apex court is scheduled to take up the matter on October 13.
