Cannot excuse sexual violence against women in Manipur on ground that crimes are committed against them in other parts of country: Supreme Court

‘Undoubtedly, there are crimes taking place against women all over the country. That is part of our social reality. However, in Manipur, we are dealing with something which is of an unprecedented magnitude, mainly crimes and the perpetration of violence in a situation of communal and sectarian strife,’ CJI says

Updated - July 31, 2023 04:45 pm IST

Published - July 31, 2023 03:21 pm IST - NEW DELHI

The Supreme Court Bench was dealing with an application that there were women in West Bengal, Chhattisgarh, Rajasthan, and Kerala who were victims of crimes and still waiting for justice. File

The Supreme Court Bench was dealing with an application that there were women in West Bengal, Chhattisgarh, Rajasthan, and Kerala who were victims of crimes and still waiting for justice. File | Photo Credit: S. Subramanium

The Supreme Court on Monday said the “systemic” and “unprecedented magnitude” of sexual violence committed against women in Manipur amidst ethnic clashes cannot be excused on the ground that crimes happened to women in other parts of the country too.

“You cannot excuse what is taking place in Manipur now on the ground that such crimes are happening to several other women as well in other parts of the country,” Chief Justice of India D.Y. Chandrachud, heading a three-judge Bench, observed.

The Bench was dealing with an application that there were women in West Bengal, Chhattisgarh, Rajasthan, and Kerala, all of which happened to be non-BJP ruled States, who were victims of crimes and still waiting for justice.

Advocate Bansuri Swaraj, who represented the application, argued that any mechanism evolved by the Supreme Court to bring justice to the women of Manipur, be it a Central Bureau of investigation probe or Supreme Court monitoring of investigations, should be extended to the women victims of these States.

‘Daughters of India’

“They are all daughters of India,” Ms. Swaraj submitted.

“The only difference is this… Undoubtedly, there are crimes taking place against women all over the country. That is part of our social reality. However, in Manipur, we are dealing with something which is of an unprecedented magnitude, mainly crimes and the perpetration of violence in a situation of communal and sectarian strife,” Chief Justice Chandrachud distinguished between the situation in Manipur and other States.

The Chief Justice said nobody was denying the fact that there were crimes against women, possibly in West Bengal as well.

Ms. Swaraj persisted that the crimes against women in West Bengal were “equally grave”. She submitted that a panchayat election candidate in West Bengal was sexually assaulted by a mob and paraded nude.

Ms. Swaraj said the Manipur incident of two women being sexually assaulted and paraded naked was “horrific” and seemed to have “woken up the conscience of the civil society”.

‘Bone-chilling’ facts

She said more such “bone-chilling” facts were coming to light.

“But similar things are happening in Rajasthan, West Bengal, Chhattisgarh, and Kerala. My Lords must protect all daughters of India and not limit the mechanism to only Manipur,” Ms. Swaraj urged the court.

To this, the Chief Justice asked, “are you for a moment saying that do something for all the daughters of India or don’t do anything for anybody at all?”

“No, all the daughters of India,” Ms. Swaraj clarified.

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