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A video of two women in Manipur being sexually assaulted and paraded naked by a mob has sparked a massive outcry in the country after it surfaced online almost after two months. The ongoing ethnic conflict in Manipur has already claimed more than 125 lives and displaced more than 50,000 people. Communication is disrupted and a deep distrust among the community lines is created which will definitely takes years to be faded. Once this video went viral on social media, political leaders, celebrities, opposition leaders are condemning the heinous crimes and seeking justice for the survivor. The Supreme Court of India and other statutory bodies have also taken note of the incident. However, question of accountability arises as to why this incident came to light when it was committed on May 4, 2023? Media reported that the two women were handed over to the mob by police. This is gross violation of the basic rights of a person in this country.
The ongoing ethnic conflict is not being controlled even after months in Manipur, a heavily militarized zone where Armed Forces Special Powers Act 1958 is force for decades. The situation has raised concern internationally as well. USA offered to help in mitigating the conflict while Manipur issues is widely addressed in the European parliament sessions.
Photo-Sushanta Talukdar
Years of active armed conflict and imposition of special security laws like Armed Forces (Special Powers) Act, 1958 has created a culture of impunity in Manipur and probably this culture is enabling the current anarchy and lawlessness.
Media reported that sexual violence remains unreported as survivors are not wiling to speak up due to fear of further repercussion and social stigma. The current public outcry is comparable to the December 2012 Delhi gang rape case. That gang rape incident and subsequent death of a 23-year-old female led to a phenomenal consciousness and increased momentum in the country’s discourse on sexual violence. For the first time after this incident, the discourse shifted the blame from victim to perpetrator, fostering phenomenal changes in the colonial era criminal laws. In Indian society due to the prevalence of wide gender discrimination, survivors of rapes are likely to be held responsible than the perpetrators of crimes.
Photo-Sushanta Talukdar
However, despite these changes sexual assault remains a major crime against women. There have been media reports of the hanging of brutally raped victims, the sexual assault of a female judge in her official residence, the pumping of bullets into her private parts after the assault, burning dead bodies after gang rape; all of these conclude that India’s criminal justice ‘system’ has failed systematically. It is a fact that conviction rate for sexual assault cases remains minimal when rape is the fourth most prevalent crime against women. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily. The possibility of justice in rape cases is often uncertain due to legal complexities and social notions such as ‘honour’.
The culture of impunity for sexual violence is widespread and has contributed much to propagate and to continue the crime. Violent incident of sexual assault and death of Manorama in 2004 created deep public resentment in Manipur. Arrested by the Assam Rifles in July 2004, Manorama was found dead with bullet injuries in her private parts within hours. Public outcry led to an inquiry commission into the case, whose reports were challenged by the armed forces for violating the immunity section under AFSPA. The matter is yet to be disposed of by the judiciary even after so many years of litigation. A legal proceeding against the accused armed forces can be filed only after that.
Women face enormous legal hurdles to access justice as evident in the Manipur case. The incident took place on May 4 and a FIR was filed on 18 May, National Commission of Women was also communicated. However, justice remains a battle.
Furthermore, the inadequate number of judges, prolonged period of litigation, manipulation of medical reports, intimidation of victims and witnesses are barriers in the road to justice in all types of violations; cases of sexual assault are no different.
Photo-Sushanta Talukdar
Sociologically speaking, a patriarchal society prescribes male dominance and promotes authoritarian personalities. Law enforcement agencies are traditionally based on masculine ideologies, and they tend to impose power and control over women and their bodily autonomy. It is under these circumstances that police often deny registering cases of sexual assault. And the few that are registered have minimal chances of success. And in this case in Manipur, it is alleged that women were handed over to the mob by police who is duty bound to protect every person under their jurisdiction. Police Accountability Commission must look into the matter and take appropriate step.
Many researchers argue that the judiciary has been observed to be less than congenial to women victims of sexual assault. In many rape cases, court often asked the survivor to marry their perpetrators. In a recent case when a woman applied for abortion after she was pregnant out of a sexual assault, the court explored options with the perpetrator. Examples of such evil judicial pronouncements are not new and have been persistent in judicial pronouncements from ‘Mathura to Manorama’ and beyond. Mathura Rape case was an incident of custodial rape by police in India on 26 March, 1972 which later prompted legal reform making custodial rape punishable and shifting the burden of proof to the accused in 1983. Manorama was allegedly sexually assaulted and killed by Assam Rifles in Manipur in 2004. Recently, Bilkis Bano’s perpetrators were released early despite the gravity of the crime committed.
India’s political leaders, who exert significant influence over common citizens, also play a role in pronouncing and promoting misogynistic ideologies regarding sexual assault, and reinforcing impunity. Society prescribes women to be chaste and celibate before ‘marriage’, and are advised to take ‘precautions’ against sexual violence ranging from wearing certain types of attires, restricting travels at certain times in day time in certain areas, to keep ‘good company’ etc. Men, meanwhile, are free to express their sexuality, even in violent ways, and these are blithely justified with the explanation that ‘boys will be boys’. The current Manipur case is also not different. As soon as the case gained public resentment, political leaders have jumped into misogynist conclusion. Manipur Chief Minister N. Biren Singh downplayed the assault case and said that there are “hundreds of similar cases”, Assam Chief Minister Himanta Biswa Sarma claimed that incidents of rape are much higher in some opposition-ruled states like West Bengal, Rajasthan and Chhattisgarh than BJP-ruled Manipur and Prime Minister Narendra Modi who kept silence over Manipur spoke only after the assult footage went viral.
Photo-Sushanta Talukdar
Violence against women in India remains unabated due to the pervasive prevalence of discrimination against women and girls, which starts at birth and continues till death. Law if enforced properly is undoubtedly an instrument to control and modify human behaviour. Not only does India need to reform its laws to make them gender equal, but it also needs to enforce these laws effectively.
As has been clearly demonstrated above, the views and attitudes of police officers, judges and other public officials at present are severely detrimental to enforcing laws that protect women’s rights and a mob committing sexual assault is encourage by the culture of impunity and they feel ascertained that there is no certainty of punishment and they might get away with their crimes.
Social and cultural patterns of people’s conduct towards gender need to be upgraded. Not only should the state focus on improving the status of women, but it must also work on changing the attitudes of men, and garner the support of men to foster equality in the society. Gender discrimination and violence against women is not to be treated as women’s issue. Men must play and active role as men have as much to lose and as much to gain.
Dr. Anjuman Ara Begum is a Human Rights researcher, freelance journalist and Associate Professor, Royal School of Law and Administration, Royal Global University, Guwahati. Views expressed are the author’s own.
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