New Delhi, July 31: The Supreme Court on Monday described the violence perpetrated against women in strife-torn Manipur as of "unprecedented magnitude" and refused to consider a plea on similar alleged incidents in opposition-ruled states, such as West Bengal, Rajasthan, Chhattisgarh and Kerala.
The top court, which was hearing a batch of pleas related to the ethnic violence in Manipur, was told by lawyer and ruling Bharatiya Janata Party (BJP) leader Bansuri Swaraj that incidents of violence against women in West Bengal also need to be considered and the mechanism sought to be evolved should be made applicable to the other states as well. Manipur Horror: Two Tribal Women Who Were Paraded Naked Approach Supreme Court; Here’s What CJI DY Chandrachud Said.
"All daughters of India request.... The daughters of India need to be protected," Swaraj said. "Are you (Swaraj) for a moment saying that do something for all the daughters of India or don't do anything for anybody at all?" the bench headed by Chief Justice D Y Chandrachud asked her.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, said it was presently hearing matters related to Manipur and asked Swaraj to assist it on the particular case at the moment.
"Ms Swaraj, crimes against women take place all over the country. This is part of our social reality. Presently, we are dealing with something which is of unprecedented magnitude, namely crimes and perpetuation of violence against women in a situation of communal or sectarian strife of a nature which is taking place in Manipur. So there is no gainsaying in the fact that there are crimes which are taking place against women in West Bengal as well," the bench said. It added that one cannot make an excuse, saying what is happening in Manipur is also taking place in other parts of the country.
"The question is, how do we deal with Manipur? What suggestions do you have for Manipur? If you have something to assist us on that or if you have something in terms of laying down a framework for investigation, please tell us. What sort of investigation framework should be laid down, please tell us that," the court told Swaraj.
Manipur Horror: Two Women Who Were Paraded Naked Approach Supreme Court
The lawyer said after a horrific incident of two women paraded naked in Manipur in May came to light, identical incidents took place in West Bengal and Chhattisgarh.
"A video came to light in which a mob disrobed a panchayat poll candidate and paraded her nude in a village in the district of Howrah (in West Bengal). Another candidate was also paraded nude during the panchayat poll violence. No FIR has been registered," she said.
The court said the incidents of crime committed against women in Manipur cannot be equated with similar incidents reported from other parts of the country. Swaraj said she has filed an intervention application in the case and referred to incidents of crime against women in West Bengal, Rajasthan, Chhattisgarh and Kerala. Manipur Viral Video: Tribal Women Who Were Paraded Naked by Mob Approach Supreme Court.
"We will hear from you later.... We are dealing with Manipur right now," the CJI said. Whatever mechanism the court is proposing to set up should be made applicable to the other states as well and the remedial steps should neither be confined to Manipur alone, Swaraj said.
Solicitor General Tushar Mehta, who appeared in the court on behalf of the Centre and the Manipur government, said the apex court may have a "fool-proof" system that may be replicated everywhere.
"We cannot develop a system that is fool-proof because they are all designed and operated by human beings. We can only try," the CJI observed. "In the case of West Bengal, it is equally grave because violence against women is ultimately used to punish the electorate. Indira Jaising says there are 5,995 FIRs in Manipur and 9,304 in West Bengal, only 3 per cent (of the accused) are incarcerated and 97 per cent perpetrators are roaming free," Swaraj said. The conscience of the civil society has all of a sudden woken up in the case of Manipur, she added.
"What happened in Manipur cannot be condoned. But bone-chilling facts are coming to light from West Bengal, Rajasthan, Chhattisgarh and Kerala after the incident (of the two women paraded naked) took place in Manipur. Kindly set up the mechanism not for Manipur only," Swaraj said.
She said whatever mechanism the court was going to implement, whether transferring the probe to the Central Bureau of Investigation (CBI) or monitoring it, daughters across the country need to be protected.
"My lords may kindly protect all daughters of India and not limit it to Manipur. Two women in Bikaner have been raped, the accused are police officers. All daughters must be protected," Swaraj said.