Recently a video got viral on social media platforms of two tribal women of Manipur being forcefully paraded naked by dozens of men. After this incident the question has arisen that Is this the kalyug we were talking about?
The incident took place on May 4, one day following violent clashes between the Meitei and Kuki-Zo tribes in the remote Indian state. There were many accused involved in assaulting those women and one of the women is brutally gang raped by the mobs. An FIR in this matter claims that one person is also killed by mobs as he was trying to protect his sister from being raped by mobs.
One of the victims was the wife of a Kargil war veteran who had heroically fought for his nation but was unable to save his wife from this awful event.
Since May 3, when a ‘Tribal Solidarity March’ was held in the hill areas to protest against the Meitei community’s quest for Scheduled Tribe (ST) status, more than 160 people have died and several others have been injured as a result of ethnic violence in the state.
The tribal population of Manipur, which includes the Naga and Kuki people, makes about 40% of the total population and is primarily concentrated in the hill regions, whereas Meiteis make up around 53% of the population and reside primarily in the Imphal Valley.
This conflict between the communities led to this disgust event where women were exploited and assaulted by the mobs.
Research methodology
The research paper is of descriptive nature and based on secondary sources. It has a deep critical analysis of the offence committed by mobs in the state of Manipur. The research talks about why there is a need for a strict legislature for the offences against the women. Secondary sources of information include newspaper and journal articles, online resources, websites etc. My research work is based on elaborative and descriptive understanding. It also has my field work.
Review of literature
To understand and write a detailed research paper I had to deeply analyse many judgements and frameworks. Also, the provisions related to mob lynching in India.
Existing laws
- Mob lynching [1]
Mob lynching describes the act of a group of people taking the law into their own hands and attacking or killing someone without a fair trial or legal procedure, frequently motivated by rage, fear, or prejudice. This crime is generally committed by a mob, which is a sizable, disorderly group of people acting jointly and violently.
Various factors, such as racial, ethnic, or religious tensions, social instability, political upheaval, rumours, or misunderstandings, can lead to mob lynching instances. By disseminating incorrect information and encouraging violence, social media and disinformation can potentially contribute to the escalation of such situations.
In response to increasing incidents of mob lynching, India’s Supreme Court issued guidelines in 2018 to address this issue. The guidelines direct the central and state governments to take preventive, remedial, and punitive measures. States are instructed to appoint a nodal officer to handle lynching cases and provide compensation to victims. Additionally, the police are advised to promptly register FIRs (First Information Reports) in lynching cases and ensure the security of victims and witnesses.
- Rape [2]
Non-consensual sexual contact or penetration is considered rape, a serious criminal offence. It entails having intercourse with someone else without their explicit, free consent or when they are incapable of giving consent for reasons including age, mental disability, inebriation, being pressured, or being threatened.
It’s critical to know that consent is a key component in the definition of rape. All parties engaged in sexual activity should express their explicit, informed, and free consent. Any sexual action is regarded as rape if one participant does not give explicit, informed consent.
The fact that rape is a breach of a person’s bodily autonomy, dignity, and human rights must be emphasised. For survivors, it is a horrific experience.
- Gang rape [3]
The definition of rape by mobs is generally the same as individual rape, involving non-consensual sexual intercourse or penetration by force, threat, coercion, or when the victim is unable to give consent. In cases of gang rape, two or more individuals are involved in the sexual assault against the victim.
- Increased Penalties:
Gang rape is often considered an aggravated form of rape, and the penalties for convictions may be more severe compared to individual rape cases. The involvement of multiple perpetrators is seen as an aggravating factor, leading to harsher sentencing.
- Witness Testimony and Evidence:
Gang rape cases can be complex, and obtaining witness testimony and evidence may pose challenges due to the involvement of multiple perpetrators. In some cases, victims may be reluctant to come forward due to fear, shame, or intimidation. Special measures may be implemented to protect witnesses and ensure a fair trial.
- Public Outcry and Social Impact:
Cases of gang rape by mobs often lead to public outrage and call for justice and social change. Governments and law enforcement may face pressure to take decisive action, ensuring fair investigations and trials while safeguarding the rights of both the victim and the accused.
- Revenge porn [4]
The significance of consent is emphasised by laws pertaining to non-consensual pornography. Without the victim’s express permission, recording or disseminating a video of rape is an obvious infringement of their right to privacy and may result in legal action.
In some jurisdictions, the prosecution may have to show that the individual who made or shared the film did so knowing that the content was not authorised or consenting.
Non-consensual pornography laws frequently place a strong emphasis on defending the rights and welfare of the victim. This involves taking action to stop the content from spreading further, giving victims assistance and support, and protecting their privacy.
Due to the widespread use of digital and internet platforms, non-consensual pornography distribution is now covered by a number of laws.
Because non-consensual pornography frequently travels across international borders via the internet, enforcement is more difficult. To handle cross-border issues and prosecute offenders, certain nations have set up international cooperation frameworks.
To prevent potential offenders, several jurisdictions concentrate on increasing public awareness of the legal repercussions of participating in non-consensual pornography. The public may also be made aware of the rights of victims and the value of respecting privacy through educational programmes.
Related cases
- Rape during the Kashmir conflict
Since the beginning of the Kashmir conflict, numerous parties have used sexual assault on a wide scale.
Mass rapes were committed by Pakistani militia when the battle started in 1947, including the Mirpur Massacre, as well as Dogra forces, Hindu and Sikh mobs, and the Jammu killings in 1947.
Numerous academics and human rights organisations claim that from the start of the insurgency in Jammu and Kashmir in 1988, Indian security forces, including the Indian Army, Central Reserve Police Force (CRPF), and Border Security officers, have used rape as a “weapon of war. The administration, however, denies these allegations.
Separatist fighters have also perpetrated rapes; however, they are less common and on a smaller scale than those done by the Indian state force[5].
- Hindu Mobs Used Rape as a Weapon Against Women
On 4 May 2017, the Bombay High Court upheld a sessions court decision convicting 11 people of committing the gang rape of Bilkis Yakub Rasool, a 19-year-old pregnant woman often referred to as Bilkis Bano, and the murder of 14 members of her family, during the Gujarat riots of 2002. The sessions court had sentenced the convicts to life imprisonment, which the high court upheld. The court also set aside the acquittals of others who were accused in the case, including Gujarat police officers[6]. - Asifa’s rape and murder case[7]
The number of sex crimes in India has increased alarmingly in recent years. As a result, it took three months for the rape and murder of Asifa, an eight-year-old girl from a Muslim nomadic community in Kathua, in the unrest-plagued Jammu and Kashmir province, to come to light.
The family of Asifa was too impoverished to matter. The culprits received support from the political and administrative establishment and belonged to the main Hindu group. Justice would be difficult for her because she was a Muslim in a place where Hindu nationalism was on the rise, especially given how notoriously slothful the court system is. However, the Justice for Asifa campaign has evolved recently into a national movement.Indians have responded with shock to local Hindu community efforts to defend the accused after allegations of brutality against the youngster surfaced.
Conclusion These types of unethical events are increasing in our country and a large number of public is not even aware of these events and not even the laws related to these heinous crimes. Most of the times women don’t even file FIR or bring a case against the accused and the biggest reason behind this is our society only. Therefore, we need to ensure the betterment of public and change the thought process of these society so a victim of these crimes will be encouraged to bring action against the crimes. In the given case there is an unnecessary violence created by mobs and they are not even afraid of government or laws therefore the government should make strict legislations for these mobs.
[1] Indian Penal Code, § 34.
[2] Indian Penal Code, § 376.
[3] Indian Penal Code, § 376D.
[4] Indian Penal Code, § 354A.
[5] “Rape during the Kashmir conflict,” Wikipedia, The Free Encyclopedia, s.v. (accessed July 24, 2023), https://en.wikipedia.org/wiki/Rape_during_the_Kashmir_conflict.
[6] “Rape in 2002 Gujarat: Bilkis Bano,” Caravan Magazine (May 1, 2017), https://caravanmagazine.in/vantage/rape-2002-gujarat-bilkis-bano.
[7] How rape exposes the conflict between two visions of India.
Author: Priyanshi Tembhre
Juris Centre 