The Supreme Court strongly expressed its distress over the manner in which women have been subjected to severe acts of sexual violence amid sectarian conflicts in Manipur.
The Court noted:
"The act of subjecting women to sexual crimes and violence is utterly unacceptable and represents a serious violation of constitutional values such as dignity, personal liberty, and autonomy, all of which are safeguarded as fundamental rights under Part III of the Constitution. Mobs often resort to violence against women for various reasons, one being the belief that they can evade punishment for their actions when part of a larger group."
The bench, composed of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, further remarked:
"During periods of sectarian violence, mobs employ sexual violence as a means to assert dominance over the community from which the victims or survivors originate. This brutal violence against women in times of conflict is nothing short of an atrocity. It is the foremost duty of the state, above all else, to prevent such reprehensible violence and safeguard those targeted by it."
In light of the aforementioned context, the Court issued a directive to establish a committee comprising three former High Court Judges. This committee will primarily focus on providing relief and rehabilitation to the survivors. Notably, the committee will include:
Gita Mittal, former Chief Justice of the Jammu and Kashmir High Court; Justice Asha Menon, former Judge of the Delhi High Court; Justice Shalini Phansalkar Joshi, former Judge of the Bombay High Court.
Importantly, this committee will be tasked with:
Investigating the nature of violence against women that occurred in Manipur from May 4, 2023, using all available sources, including direct interactions with survivors, family members, local representatives, relief camp authorities, filed FIRs, and media accounts. Submitting a comprehensive report to the Court outlining the necessary actions to address the survivors' needs, encompassing measures to address the trauma of rape, and provide social, economic, and psychological support, relief, and rehabilitation within a specified timeframe. Ensuring that victims or survivors receive free and comprehensive medical and psychological care. Guaranteeing dignified conditions in relief camps for displaced individuals, with suggestions for additional camps if required. Securing the disbursement of compensation and restitution to victims of violence. Mandating the appointment of nodal officers at relief camps and the establishment of toll-free helplines for updates on investigations, missing persons, and the recovery of deceased bodies. These nodal officers will also be responsible for maintaining a comprehensive database of individuals housed in the respective relief camps.
Background Information:
These directives were issued in response to a disturbing video from May 4, depicting two women in Manipur being publicly humiliated, sexually assaulted, and exposed to violence during an ethnic conflict in the state. On July 20, the Supreme Court took suo motu cognizance of the matter and called upon both the central and state governments to provide information on the actions taken to apprehend the perpetrators and enforce the law.
"We are profoundly disturbed by the recent videos depicting the humiliation of women in Manipur. We express our strong concern. It is imperative for the government to take swift and decisive action. This is utterly unacceptable," the Chief Justice commented while taking suo motu cognizance.
"The exploitation of women as instruments in times of communal strife to perpetrate gender-based violence is deeply unsettling. This represents a grave violation of human rights," the Chief Justice emphasized.
Case Title: Dinganglung Gangmei vs. Mutum Churamani Meetei & Others | 2023 LiveLaw (SC) 626 | 2023 INSC 698
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