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On Manipur video of women paraded naked, Supreme Court says will take action if govt does not

"It’s the grossest of constitutional abuse... If the government does not act, we will," Chief Justice of India DY Chandrachud said.

ManipurA Manipur policeman stands guard as members of Meira Paibis, powerful vigilante group of Hindu majority Meitei women, block traffic to check vehicles for members from rival tribal Kuki community, in Imphal, capital of the northeastern Indian state of Manipur, June 19, 2023. (AP photo)
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Expressing “deep concern” over the video of two women being paraded naked in Manipur and calling it “simply unacceptable” and “the grossest of constitutional and human rights violations”, a Supreme Court bench led by Chief Justice of India D Y Chandrachud told the government Thursday to act, and warned “otherwise, we will take action if nothing is happening on the ground”.

As soon as the bench, also comprising Justices P S Narasimha and Manoj Misra, assembled in the morning, CJI Chandrachud turned to Attorney General R Venkataramani and Solicitor General Tushar Mehta — their presence had been sought — and said, “Why we asked you to be present is because we are deeply disturbed by the video which emerged yesterday about the way those two women were paraded in Manipur. We want to express our very, very deep concern as a court on what’s happening.”

“I think it’s time the government really steps in and takes action because this is simply unacceptable. Using women as an instrument in an area of communal strife for inflicting gender violence is deeply, deeply disturbing and simply unacceptable to the court,” he said.

“It is the grossest of constitutional and human rights violations… We will give a little time to the government to act. Otherwise, we will take action if nothing is happening on the ground. We are conscious of the fact that the video which appeared yesterday is from May, but that makes no difference… It doesn’t have to be a video of yesterday. It’s very, very deeply disturbing,” the CJI said.

The bench sought to know what had been done since May to nab the culprits.

“What action has been taken since May to bring the perpetrators to book? And second, what action has been taken to ensure that this is not repeated? Who knows it may be isolated, it may not be isolated. It may be a pattern.”

“Across history and across the world, the use of women as an instrument to perpetrate violence in these situations has happened but at least in a constitutional democracy, this is unacceptable,” the CJI said.

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The bench said it will take up the matter along with pending petitions on the Manipur issue. “We will dictate a short order. We will take it up in the Manipur matter,” it said.

“We have taken up the proceedings in the above petition by requesting the Attorney General and the Solicitor General to be present at 10.30 am. The Court is 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,” its order stated.

The “court must be apprised of the steps which have been and shall be taken by the government to (i) hold the perpetrators accountable; and (ii) 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. The affidavits shall be filed by the Union Home Secretary and the Chief Secretary for the State of Manipur,” it stated.

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Solicitor General Mehta said he shared the concern expressed by the CJI, adding that the government is also seriously concerned. He said such incidents are “completely unacceptable”.

He said 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 bench posted the matter for hearing on July 28.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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