{"id":827,"date":"2023-09-07T21:36:29","date_gmt":"2023-09-07T16:06:29","guid":{"rendered":"https:\/\/xpertslegal.com\/blog\/?p=827"},"modified":"2023-09-07T21:59:55","modified_gmt":"2023-09-07T16:29:55","slug":"supreme-court-appoints-three-judge-committee-and-issues-directions-in-the-manipur-violence-to-enquire-into-the-cases","status":"publish","type":"post","link":"https:\/\/xpertslegal.com\/blog\/supreme-court-appoints-three-judge-committee-and-issues-directions-in-the-manipur-violence-to-enquire-into-the-cases\/","title":{"rendered":"Supreme court appoints three judge committee and issues directions in the Manipur violence to enquire into the cases"},"content":{"rendered":"

Dinganglung Gangmei\u00a0 \u00a0[<\/strong>Petitioner(s)] Vs. <\/strong>Mutum Churamani Meetei & Ors\u00a0 \u00a0 [<\/strong>Respondent(s)]<\/h1>\n

Special Leave Petition (Civil) Diary No 19206 of 2023<\/strong><\/p>\n

(3JB, Dr DY Chandrachud, J B Pardiwala and Manoj Misra JJ., delivered by Dr DY Chandrachud C.J.)<\/strong><\/p>\n

Facts:<\/u><\/strong> On 20 July 2023, the proceedings were taken on board by this Court in response to visuals which had appeared in the media on the previous day depicting the perpetration of sexual assault and violence on women in Manipur. While noting that it was \u2018deeply disturbed by the visuals,\u2019 this Court noted that what was portrayed in the media indicated gross constitutional violations and infractions of human rights. This Court observed that \u201cusing women as instruments for perpetrating violence is simply unacceptable in a constitutional democracy.\u201d The Court called for reports indicating the steps taken by the Government to hold the perpetrators accountable, ensure that such incidents are not repeated. Both the Union Government and the State Government were directed to take immediate steps \u2013 remedial, rehabilitative and preventive – and to apprise this Court of the action which was taken by the next date.<\/p>\n

Issue:<\/u><\/strong><\/p>\n

    \n
  • Firstly, there is a need to ensure that the violence ceases, the perpetrators of violence are punished according to the procedure established by law, and that consequently, the faith and confidence of the community in the justice system is restored.<\/li>\n
  • Secondly, there is a pressing need to ensure that the rule of law is restored and public confidence in the investigative and prosecutorial process is sustained.<\/li>\n<\/ul>\n

    Arguments of behalf of counsel for petitioner:<\/u><\/strong><\/p>\n

    Counsel for the petitioners specifically highlighted the following issues:<\/p>\n

      \n
    • The need for the appointment of a court-mandated Committee for hearing and healing and for restoring the confidence of survivors and the families of victims of violence, particularly sexual violence against women.<\/li>\n
    • Constituting a court-appointed Special Investigating Team comprising five police officers drawn from outside the State of Manipur with a specific mandate to ensure registration of FIRs, recording of statements of victims under Section 164 CrPC and medical examination of the victims under Section 164A CrPC<\/li>\n
    • Protection of victims and witnesses<\/li>\n
    • Provision of legal aid<\/li>\n
    • Enforcing the right to a speedy trial; SIT<\/li>\n
    • Provision of free and comprehensive medical aid to survivors or victims<\/li>\n
    • Transformative and reparative justice for the victims of ethnic violence, including by Ensuring conditions of dignity in the relief camps, providing compensation and restitution to the victims of violence and taking preventive measures<\/li>\n
    • Facilitating the right to information by appointing nodal officers at relief camps and other places to bridge the informational vacuum<\/li>\n
    • Providing dignity in the disposal of dead bodies<\/li>\n
    • Appointment of a Commission of Inquiry to enquire into dereliction of duty by public servants.<\/li>\n<\/ul>\n

      Held:<\/u><\/strong> In order to subserve the two issues which have been highlighted above, the court issued the following directions:<\/p>\n

        \n
      • A Committee is constituted to enquire into the nature of violence against women that occurred in the State of Manipur from 4 May 2023 from all available sources and submit a report to this Court on the steps required to meet the needs of the survivors including measures for dealing with rape trauma, providing social, economic, and psychological support, relief and rehabilitation in a time bound manner<\/li>\n
      • In order to ensure the fairness of the investigation, the process of investigation shall be monitored by this Court.<\/li>\n
      • In order to ensure proper monitoring and supervision of the investigation by the police authorities, the Union Ministry of Home Affairs shall make available, on deputation, one officer of the rank of Police Inspector drawn from the States of Rajasthan, Madhya Pradesh, Odisha, Jharkhand, Maharashtra and NCT of Delhi.<\/li>\n
      • The Union of India and the State of Manipur shall ensure that all the areas which are vulnerable to sectarian violence and riots are identified and monitored so that preventive measures are effectively put into place<\/li>\n
      • Shri Dattatray Padsalgikar and the three-Judge Committee appointed by this Court shall submit reports to this Court within a period of two months, elaborating on the progress which has been made.<\/li>\n<\/ul>\n\n","protected":false},"excerpt":{"rendered":"

        Dinganglung Gangmei\u00a0 \u00a0[Petitioner(s)] Vs. Mutum Churamani Meetei & Ors\u00a0 \u00a0 [Respondent(s)] Special Leave Petition (Civil) Diary No 19206 of 2023 (3JB, Dr DY Chandrachud, J B Pardiwala and Manoj Misra JJ., delivered by Dr DY Chandrachud C.J.) Facts: On 20 July 2023, the proceedings were taken on board by this Court in response to visuals […]<\/p>\n","protected":false},"author":1,"featured_media":828,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-827","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-judgement"],"_links":{"self":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/827","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/comments?post=827"}],"version-history":[{"count":4,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/827\/revisions"}],"predecessor-version":[{"id":854,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/posts\/827\/revisions\/854"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media\/828"}],"wp:attachment":[{"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/media?parent=827"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/categories?post=827"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xpertslegal.com\/blog\/wp-json\/wp\/v2\/tags?post=827"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}