Supreme Court expressed its anguish at how women have been sexually violated in the course of the sectarian strife in Manipur. The top court’s observation is significant as it acknowledged sexual assault against women in the context of war or a conflict zone.
Manipur has been gripped by sectarian violence since May 3. An old photo from Delhi of a woman's dead body wrapped in plastic was peddled with the fake claim that it belonged to a Meitei woman who was sexually assaulted and killed by members of the Kuki tribe was the trigger for a spate of “revenge rape”. BOOM found that the photo was of Aayushi Chaudhary, from an honour killing incident in Delhi. Chaudhary's parents killed her and her body was later discarded in a red trolley bag in UP.
The two Kuki women who were paraded naked and sexually assaulted by a mob were victims of this disinformation.
“In times 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,” Chief Justice of India DY Chandrachud observed in a belatedly released order.
The top court on August 7 constituted an all-women three-member committee headed by ex-Jammu and Kashmir HC Chief Justice Gita Mittal to enquire into the nature of violence against women and to ensure free and comprehensive medical aid including psychological care to the survivors. The apex court has also appointed ex-Maharashtra DGP Dattatray Padsalgikar to supervise the CBI investigation in 11 FIRs and the Manipur Police probe in the remaining FIRs.
It is pertinent to point out that apart from medical and monetary help, the top court has also considered psychological help in its quest for rehabilitation. Apart from helping the survivors to overcome the trauma, these psychologists, and psychiatrists will also aid in suicide prevention.
The order and the court’s observation were released almost a week later.
Mobs commonly resort to violence against women: SC
The Supreme Court acknowledged the perilous position women hold in conflict zones. “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,” the bench observed.
“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,” it added.
It was the state’s “bounden duty”—its “foremost duty, even”—to prevent people from committing such reprehensible violence and to protect those whom the violence targets, the court said.
“The sectarian strife has also led to large-scale destruction of residential property and places of religious worship,” the court noted. “In this backdrop, this Court is duty bound to step in while performing its plain constitutional obligation. This Court is also of the opinion that its intervention will be a step towards the guarantee of non-repetition that victims of such crimes are entitled to,” it added.
The top court said those responsible for a breach of public duty must equally be brought to account, regardless of their rank, position, or post. “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,” the bench said.
