Manipur video: Initiate action else we will step in, Supreme Court warns Centre, state

The Supreme Court on Thursday took suo motu cognisance of a viral video of stripped women being paraded and assaulted in ethnic violence-hit Manipur.

The Supreme Court on Thursday took suo motu cognisance of a viral video of stripped women being paraded and assaulted in ethnic violence-hit Manipur, terming it “deeply disturbing” and the “grossest violation of constitutional rights”. It sought explanations from the Union and the state governments and directed them to ensure that such incidents do not recur, threatening to “step in” if action isn’t taken.

Congress workers protest against the Manipur violence, at Jantar Mantar in New Delhi, India, on Thursday. (HT/Sanchit Khanna)

Fixing the next hearing on July 28, a bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, called for reports from the Centre and the state.

“This court must be apprised of the steps which have been and shall be taken by the government to hold the perpetrators accountable; and ensure that such incidents are not repeated. The Union government and the state government are directed to take immediate steps - remedial, rehabilitative and preventive and to apprise the court of the action which has been taken before the next date of listing on affidavit,” directed the bench, which also included justices PS Narasimha.

The order underscored that the court was deeply disturbed by the visuals which have appeared in the media since yesterday depicting the perpetration of sexual assault and violence on women in Manipur. “What is portrayed in the media would indicate gross constitutional violations and infractions of human rights. Using women as instruments for perpetrating violence is simply unacceptable in a constitutional democracy,” stated the order.

While the court is seized of a bunch of petitions relating to the ethnic clashes in Manipur, the matter was not listed on Thursday. The bench had, however, requested attorney general R Venkataramani and solicitor general Tushar Mehta to remain present in the first court on Thursday morning when the CJI expressed his anguish.

A video of two women being stripped and paraded by a mob was widely circulated on social media groups on Wednesday. Two family members of the women were also murdered by the mob that numbered around 800-1000, according to the FIR , a copy of which has been seen by HT.

“We are deeply disturbed by the video distributed since yesterday. It is simply unacceptable and it’s time the government stepped in and took some concrete action. Using women as an instrument in an area of communal strife to perpetuate gender violence is unacceptable. It is the grossest of constitutional abuse,” the CJI told the law officers.

“We have called you here to express our deepest concerns...this is the grossest of constitutional and human right violation. We will give you little time to take action and bring perpetrators to book...otherwise, we will step in,” the CJI-led bench cautioned the law officers.

The bench pointed out that although there were some reports that the video is from May, “it does not make any difference”, asking: “Who knows whether it was isolated or if there is a pattern.”

The bench then proceeded to record its concerns in its order, directing the Centre and the state government to submit a report on actions taken by July 28.

Mehta shared the bench’s concerns. “The government is also seriously concerned by the incident. Such incidents are completely unacceptable,” the S-G submitted. He added the government has initiated immediate steps to bring the perpetrators to book after the video surfaced and the outcome will be placed before the court.

The top court, in this matter, has so far adopted a hands-off approach in relation to the security situation, repeatedly observing since May that “maintenance of law-and-order and preservation of security of state falls in the executive domain” and that the court shall not let its proceedings be used for escalating tensions in the state.

On July 11, the bench refused to issue orders for the deployment of army and paramilitary forces in Manipur, which has been reeling under ethnic violence since early May. “Frankly, in the history of this nation since independence, in the last 72 years of this court, we have never issued such directions to the Indian army. One of the greatest hallmarks of democracy is civilian control over the armed forces. Let’s not breach that,” it said on that day.

At the same time, the bench had assured the lawyers pleading for several other directions for protecting the lives of the tribals that although it would be a “dangerous” proposition to pass orders on deployment of the army, the court will constantly monitor the situation in the northeastern state. “We are here and monitoring the situation. Conscious as we are of our remit, we won’t be shying away if certain recalibrations of our orders are required,” the bench had told senior counsel Colin Gonsalves on July 11.

Gonsalves, along with advocate Satya Mitra, appeared for NGO Manipur Tribal Forum. The NGO’s petition has demanded a spate of orders ranging from investigation into the ethnic clashes that have overrun the state since early May claiming 142 lives, to ordering deployment of additional security forces.