Manipur violence: SC says mobs use sexual violence for subordination of community in sectarian strife

The Supreme Court has expressed its anguish on the manner in which women have been subjected to grave acts of sexual violence in the course of sectarian strife in Manipur.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra gave two months to Dattatray Padsalgikar, former deputy national security adviser and ex-director general of police (DGP) of Maharashtra, and a high-powered committee of three retired women High Court judges, to submit their reports on the investigation and the efficacy of relief and rehabilitation measures in Manipur, which has been besieged by sectarian strife since the first week of May 2023.

In its 36-page order released on August 10, the court said 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.

"Mobs commonly resort to violence against women for multiple reasons, including the fact that they may escape punishment for their crimes if they are a member of a larger group. 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," the bench said.

"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," the bench added.

As per the written order of proceedings conducted on August 7, the court asked Padsalgikar to investigate the allegations that certain police officers colluded with perpetrators of violence (including sexual violence) during the conflict in Manipur.

“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,” the court's order stated.

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.

The top court's order 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.

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 bench said.

“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.

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.

The court slammed the Manipur government over tardy pace of investigation, delays in lodging of FIRs and making no arrest in cases. The court fixed the matter for consideration on October 13.