The Centre has informed the Supreme Court that authorities could not reach out women victims of violence in Manipur because of resistance from the civil society.
The Supreme Court on its part said that the time is running out for the healing of Manipur and called for a mechanism to address the violence against women.
Violence against women in Manipur has emerged as a concern since the video of two tribal women being paraded naked and groped by a mob went viral last month. The incident took place on May 4, a day after ethnic violence erupted in Manipur between the state's Meitei and tribal communities. Since then, over 150 people have been killed and several thousands have been displaced.
The Supreme Court said that it would form a panel of women judges supported by civil society members which would ensure "justice goes to her [victim's] doorstep".
During an intervention in the hearing of a clutch of petitions related to Manipur violence, Chief Justice of India (CJI) DY Chandrachud termed the Manipur violence "unprecedented" and said that it cannot be compared to incidents of violence in West Bengal or Rajasthan.
The Apex Court also noted the delay in the registration and investigation of the May 4 incident. The court also asked for the break-up of the approximately 6,000 FIRs registered in Manipur.
Couldn't reach victims because of civil society's resistance: Centre
The Centre on Monday told the Supreme Court that state authorities could not reach the women victims in Manipur because of the resistance of civil society.
State authorities had not been able to reach the victims either physically or telephonically because of "resistance from civil society organisations in Churachandpur", where the victims and their families had fled to after the incident, said Centre to the Supreme Court, as per The Indian Express.
The Express further reported the Centre as saying that an all-women team comprising two psychiatrists and a psychologist from Churachandpur District Hospital has been constituted to assist the victims.
In the case of two tribal women being paraded naked and allegedly being sexually assaulted, the police have arrested seven persons so far. The device used to make the video has also been recovered. The incident, which took place on May 4, only became public last month after the video surfaced and led to nationwide outrage.
Supreme Court to form panel of women judges
The Supreme Court on Monday said it would set up a panel of women judges and civil society members to ensure justice to women victims in Manipur.
The Centre informed the court that, to prevent repetition of incidents like the assault of women on May 4, all such cases would be reported to the Manipur Director General of Police (DGP), who will directly supervise the investigations, reported The Express.
The Apex Court, however, noted that a victim who has herself been assaulted and has lost her family to the violence could not be able to reach the authorities, and, in such a case, the justice has to reach out to her. For this purpose, the Apex Court said a panel of women judges would be formed.
"Merely entrusting to CBI or SIT would not be enough. We will have to picture a situation where a 19-year-old woman who has lost her family is in a relief camp. We cannot have her going to magistrate. We have to ensure that the process of justice goes to her doorstep. We will constitute a committee of women judges and members of civil society, who will in turn get the assistance of members of civil societies," said the Supreme Court, as per NDTV.
The Centre has transferred the investigation of the May 4 incident to the Central Bureau of Investigation (CBI) after a request from the Manipur government. The Centre has further asked the Supreme Court to transfer the trial out of Manipur. In an affidavit in the Apex Court, the Centre has informed the Supreme Court that it seeks the conclusion of the trial within six months of the CBI filing the charge sheet.
The Supreme Court questions delay in police proceedings
The Supreme Court questioned the delay in the registration of the FIR and the beginning of the investigation.
"The incident was of May 4 and the zero FIR was registered only on May 18. Why did the police take 14 days to register the FIR? What was the police doing from the 4th of May till 18th of May?" said the SC bench, as per Live Law.
When the state mentioned that arrests were made within a day of the video surfacing in the public domain, CJI Chandrachud noted it took a month for the case to be transferred to the magistrate.
"What stood in the way of police registering the FIR immediately on the 4th of May?...Was the local police unaware that such an incident took place? And why was the FIR transferred to the Magistrate on the 20th June? After one month," said Chandrachud, as per Live Law.
Chandrachud further sought the break-up of the cases registered in Manipur. He sought how many FIRs are registered for the various types of offences.
"We need to know bifurcation of 6,000 FIRs: how many zero FIRs, how many forwarded to jurisdictional magistrate, action taken, how many in judicial custody, how many involving sexual violence, position of legal aid, how many 164 statements recorded so far?" Live Law quoted Chandrachud as saying.
Manipur violence unprecedented, assault not isolated: SC
Responding to an intervenor who argued that crimes against women elsewhere like in West Bengal and Rajasthan should be treated like Manipur's, the Supreme Court said that the situation in Manipur is unprecedented and the May 4 incident is not an isolated incident like crimes elsewhere.
CJI Chandrachud acknowledged that crimes against women exist elsewhere too but said the situation cannot be compared to Manipur where it's "unprecedented" and "crimes and perpetuation of violence against women in a situation of communal or sectarian strife of a nature which is taking place".
"So there is no gainsaying in the fact that there are crimes which are taking place against women in West Bengal as well. The only answer is this: you cannot excuse what is taking place in one part of the country like Manipur on the ground that similar crimes are happening in other parts too. Question is how do we deal with Manipur?" said Chandrachud further, as per Live Law.
When the intervenor further said that the Apex Court shoukd "protect all daughters of India and not limit it to Manipur", Chandrachud said, "Are you for a moment saying do something for all the daughters of India or don't do anything for anybody at all?"
Highlighting the special nature of violence in Manipur, Chandrachud also said that the violence against women in Manipur cannot be compared to even the Nirbhaya Case (2012) incident as that was an isolated incident where the violence in Manipur is systemic.
"There are statements by the victims that they were handed over to the mob by police. This is not a situation like 'Nirbhaya'. That was also horrific but it was isolated. This is not an isolated instance. Here we are dealing with systemic violence which IPC recognises as a special offence. In such case, is it not important that you should have a specialised team? There is a need in the State of Manipur to have a healing touch. Because the violence is continuing unabated," said Chandrachud, as per Live Law.
