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30th December 2024 (12 Topics)

Restoring Constitutional Order in Manipur

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Context

The Supreme Court of India’s involvement in the ongoing ethnic violence in Manipur has been under scrutiny, especially after its limited intervention in 2024. While it initially took action in response to the violent events, its responses have been episodic and ineffective, raising concerns about the Court’s accountability and its commitment to upholding the rule of law in the state.

Supreme Court’s Inconsistent Intervention

  • Delayed Responses: In 2024, the Supreme Court heard the main petitions related to Manipur violence only six times, showing a lack of sustained engagement despite the continued violence.
  • Limited Action in 2024: Except for a December hearing seeking details on destroyed properties, the Court failed to take concrete steps to address the ongoing ethnic violence or hold the government accountable.
  • Sporadic Responses: While the Court responded to specific incidents, such as the viral video of sexual assault, its actions have been isolated, leaving crucial cases like the 2023 assault on tribal women without effective follow-up.

Failure of Judicial Mechanisms and SITs

  • Ineffective Relief Mechanisms: The committee formed to address relief and rehabilitation, headed by Justice Gita Mittal, has failed to provide substantial relief, with reports being merely bureaucratic rituals.
  • Delayed Investigations: By November 2024, chargesheets had been filed in only 6% of the 3,023 registered cases, reflecting the slow pace of the SITs’ investigations.
  • Weak Enforcement: The SITs are undermined by officer repatriations and lack of resources, hampering the investigation and legal proceedings, as highlighted by the delays in the trial of the assault case.

Recommendations for Strengthening the Court’s Role

  • Transfer of Trials: Given the tense situation in Manipur, it is recommended that trials related to ethnic violence be moved outside the state to ensure fair proceedings and to avoid local bias or interference.
  • Increased Transparency: The SITs must be mandated to provide regular updates to victims' families and petitioners, ensuring transparency and accountability in the progress of investigations and trials.
  • Bipartisan Commission: A High Powered Commission, comprising members from both conflicting communities, should be established to report directly to the Supreme Court’s Special Bench tasked with handling Manipur-related cases.
Practice Question

Q: Assess the role of the Supreme Court in addressing the ongoing ethnic violence in Manipur. How effective has its intervention been, and what additional steps should the Court take to ensure justice and rebuild public trust in the rule of law in the state?

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