LawChakra

Manipur Sexual Violence Case : Intervention Application Filed, Sought For SIT

MANIPUR SEXUAL VIOLENCE CASE

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In the wake of the unprecedented sexual violence against women in Manipur during the recent ethnic clashes, women-centric citizens’ network groups have filed intervention applications in the Supreme Court. They are calling for the formation of an independent Special Investigation Team (SIT) to investigate the violence under the court’s supervision. The groups include Women in Governance-India (WinG-India), a network of academics, social workers, and women’s rights activists, and We the Women of India (WWI), a citizens’ network group created to address issues faced by women. TMC MP Mahua Moitra has also sought a similar prayer.

The applications underscore that despite nearly three months since the outbreak of violent clashes in Manipur, the Central and State governments have failed to restore peace in the strife-torn state. WinG-India, represented by Advocate Vrinda Grover, has argued that there is evidence of targeted sexual violence directed against women’s bodies, particularly women of the Scheduled Tribes of the Kuki-Zo community.

The application states,

“In the present situation women from the minority, tribal and marginalized 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.”

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. Furthermore, it is stated that the relevant sections of the SC/ST (POA) Act were also not invoked in the FIRs. 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.”

WWI, represented by Advocate Shobha Gupta, has sought similar directions to be issued by the Supreme Court, including the registration of FIRs against complacent and erring police officials and all the assailants/ accomplices/ perpetrators seen in the viral video. They have also called for the formation of a ten-member team of lawyers and retired judges, including at least four female lawyers/judges, to visit the relief camps in Manipur, meet the victims, record their statements, and assist them in registering their FIRs.

This incident underscores the urgent need for a comprehensive and impartial investigation into the sexual violence cases in Manipur, as well as the importance of invoking the appropriate sections of the law to ensure justice for the victims.

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