Key IPC and SC/ST Act provisions were ‘deliberately’ left out of sexual violence FIRs by the Manipur Police: Women’s Organization Informs Supreme Court
There is a deliberate omission by the police to invoke Section 376(2)(g) of the Indian Penal Code, which specifically defines the offence of rape during sectarian violence, in the FIRs filed by the police, according to a women-centric citizens’ network that filed intervention applications seeking the formation of an independent Special Investigation Team (SIT) to investigate the violence in Manipur under the supervision of the Supreme Court.
According to Section 376(2)(g) of the IPC, anybody found guilty of gang rape faces a minimum sentence of ten years in jail and a maximum sentence of life in prison, as well as a fine.
We the Women of India (WWI), a citizens’ network organization formed to address difficulties faced by women, and Women in Governance-India (WinG-India), a network of academics, social workers, and women’s rights activists, are among the intervention applicants.
No developments on the probe or arrests
According to a report by LiveLaw, WinG-India, represented by Advocate Vrinda Grover, claimed in its application that the families of two Kuki women, both 24 years old, who were gang raped and tortured in Imphal by a group of Metei men, have not been informed of the investigation’s progress or the existence of any arrests (if any). The post mortem should be performed outside of Manipur, and the findings should be sent to the families.
Absence of Section 376(2)(g) with knowledge
In addition, WinG-India claimed that the police had purposefully neglected to use Section 376(2)(g) of the Indian Penal Code, which specifies the crime of rape amid sectarian warfare. According to the plea, the relevant SC/ST (POA) Act clauses were not also cited in the FIRs.
The application asserts that this exposes the “partisan, flawed, and prejudicial investigation” being carried out by the local police and that the victims are not receiving the rights guaranteed by the said Act because the offenders are escaping harsh penalties under the Act. Therefore, the organization demanded an impartial investigation into the deaths as well as medical care for those who had survived the violence outside of the state.
Defamation of the police
The WWI requested that a FIR be registered with the Supreme Court “against the complacent and erring police officials” as well as against all of the attackers, accomplices, and perpetrators who were all seen in the May 4 film. This request was made on behalf of the WWI by Advocate Shobha Gupta. It also called for the creation of a group of retired judges and attorneys, including women, to go to the state that had experienced violence and help the victims file their FIRs.
The Supreme Court, however, questioned why the state police took so long to file a FIR after the event on May 4. What happened to the cops between May 4 and May 18? Judge DY Chandrachud enquired.
