The affidavit claims that the Central government has zero tolerance towards crimes against women. It asserts that in such cases, justice should be seen to be done so that it has a deterrent effect throughout the nation with respect to crimes against women.
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The Union government has informed the Supreme Court that the Manipur government has recommended a Central Bureau of Investigation (CBI) investigation into the incident of two women being sexually assaulted and paraded naked by a mob.
In an affidavit filed yesterday evening, the Union home ministry says that it has accepted the recommendation of the state government.
The gruesome incident of sexual violence took place on May 4 in the Kangpokpi district but came to light only when it went viral on July 19, as Manipur has been under a long internet shutdown in the interregnum.
The Union home secretary, Ajay Bhalla, who filed the affidavit on behalf of the Union government, has also requested the Supreme Court to transfer the entire case, including the trial of the offence in question, outside Manipur.
The government has sought a direction from the court to conclude the trial within six months from filing of the chargesheet by the CBI.
Terming the incident "unfortunate" and "unacceptable", the Union government affidavit says that the state government has informed it that seven main accused have been arrested and are being examined.
The affidavit has also informed the court that several police teams have been formed for a mass operation at several locations to nab the rest of the culprits.
The operation is being led by an additional superintendent of police, under the constant supervision of other senior police officials, the affidavit claims.
"The approach of the Central government is of zero tolerance towards any crimes against women. The Central government considers the offences like the present one to be too heinous which deserve to be taken not only with the seriousness [they] deserve, but [in which] justice should be seen to be done so that it has a deterrent effect throughout the nation with respect to crimes against women," the affidavit reads.
The affidavit has come in response to an Order of the Supreme Court, passed on July 20, condemning the sexual assault and violence against women in Manipur.
"The court is deeply disturbed by the visuals which have appeared in the media since yesterday depicting the perpetration of sexual assault and violence on women in Manipur.
"What is portrayed in the media would indicate gross constitutional violations and infractions of human rights. Using women as instruments for perpetrating violence is simply unacceptable in a constitutional democracy," the Supreme Court Bench led by Chief Justice of India (CJI) D.Y. Chandrachud had observed.
The Bench, which also comprised Justices P.S. Narasimha and Manoj Mishra, directed the Union government and state governments to apprise it of the steps which had been and would be taken by the government to (i) hold the perpetrators accountable; and (ii) ensure that such incidents are not repeated.
The matter was slated to be heard today but could not be taken up due to indisposition of CJI Dr Chandrachud.
Giving the details of the remedial measures taken, the ministry of home affairs informed the Supreme Court that the state government has formed district psychological support teams for providing mental health intervention at various relief camps.
An all-women team consisting of a senior specialist psychiatrist, a specialist psychiatrist and a psychologist from the district hospital in Churachandpur was deputed to assist the victims, the affidavit states.
However, due to resistance from civil society organisations in Churachandpur, state authorities have been unable to reach the victims physically or telephonically till date, the affidavit laments.
The affidavit also states that the state government has formulated rehabilitative measures for the victims, including counselling from a trained professional; shelter at a place of choice maintaining secrecy and security; arrangement for education in case of willingness to pursue education; assistance with meaningful livelihood; and adequate provisions for vocational training and suitable jobs to the victim, next of kin, subject to willingness and suitability.
Regarding the preventive measures, the affidavit states that reporting of all such cases to the director general of police by the police station in-charge of the jurisdiction has been made mandatory.
"It is stated that one senior police officer, of the rank of superintendent of police, will monitor these investigations under the direct supervision of the director general of police.
"A suitable reward for reporting such incidents and for providing information leading to the arrest of the absconding culprits will also be given. It is submitted that anonymity and security of whistleblowers and providers of information will also be ensured by the state government," the affidavit reads.
To ensure prevention of such cases and for maintenance of law and order in the state, the Union government has, in addition to the existing personnel maintaining law and order in the state, provided additional companies of Central Armed Police Forces (CAPFs) with effect from May 3, 2023.
At present, 124 additional companies of CAPFs and 185 columns of Army and Assam Rifles are deployed in Manipur.
"A unified command comprising representation from all security forces and civil administration under the chairmanship of the security advisor has been established.
"Focus [has been] laid on intelligence gathering in collaboration with the civil administration to prevent any such incidents in future. A total of 13,782 persons have already been detained or bound down for violating curfew and other laws," the affidavit adds.
There is a proposal for aerial monitoring using drones to prevent assembly of mobs and for swift action to disperse the crowds, the affidavit says.
"Video recording of crowds will be made to ensure that law breakers are apprehended at the earliest. The state government has been advised for trial of the accused by fast track courts," it says.