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regular-article-logo Saturday, 21 September 2024

If govt doesn't act, we will: Supreme Court on 'grossest form of abuse of constitutional values'

We are deeply disturbed by the videos which have emerged. If the government does not act, we will: CJI Chandrachud

R. Balaji New Delhi Published 21.07.23, 05:49 AM
Chief Justice D.Y. Chandrachud.

Chief Justice D.Y. Chandrachud. File Photo

The Supreme Court on Thursday said it had been “deeply disturbed” by the visuals of two women being paraded naked in Manipur, and warned that if the government did not act, the apex court would.

“This is the grossest form of abuse of constitutional values and human rights values. We are deeply disturbed by the videos which have emerged. If the government does not act, we will,” Chief Justice of India D.Y. Chandrachud, who headed a three-judge bench, said.

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The bench had taken suo motu (on its own) cognisance of news reports about the videos. It had early on Thursday morning sought the presence of the Centre’s topmost law officers — attorney-general R. Venkataramani and solicitor-general Tushar Mehta — at 10.30am, before the start of the day’s proceedings, to express its shock at the Manipur incident.

During the proceedings, the apex court sought affidavits from the Centre and the Manipur government within a week, asking them to explain the “remedial, rehabilitative and preventive” measures undertaken to deal with such reprehensible incidents.

As soon as the bench had assembled for the day, Justice Chandrachud remarked orally that the court had been deeply disturbed by the incident shown in the video.

“It is very unfortunate. Using women as instruments in an area of communal strife to inflict gender violence is deeply disturbing. This is the grossest form of human rights violation,” Justice Chandrachud told Venkatramani and Mehta.

He stressed that although the video was of an incident from May, the gap in time did not make any difference to the gravity of the offence. “Video may be (from) the month of May, but that does not make any difference,” he said.

Mehta agreed and said the government too was “deeply disturbed” and necessary action would be taken against those responsible.

Excerpts from a written order that Justice Chandrachud later dictated:

“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.

“This court must be apprised of the steps which have been and shall be taken by the government to (i) hold the perpetrators accountable; and (ii) ensure that such incidents are not repeated.

“The Union government and the state government are directed to take immediate steps — remedial, rehabilitative and preventive — and to apprise the court of the action which has been taken before the next date of listing on affidavit. The affidavits shall be filed by the Union home secretary and the chief secretary for the state of Manipur.”

The court fixed the next hearing for July 28. The Centre and Manipur have to file their affidavits by July 27 so that the court can pass directions the next day.

The bench, which included Justices P.S. Narasimha and Manoj Misra, has also been hearing a batch of public interest pleas seeking action to end the violence in Manipur.

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