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MANIPUR UPDATE

featuring ENFORCED AND INVOLUNTARY DISAPPEARANCES

 Volume I Issue III  February 2000

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January Feature 4

Manipur Update
Published by Irengbam Arun
on behalf of the Human Rights Alert
 
Editor :
Babloo Loitongbam

Hard Copy printed at concessionary rates by M/S Lamyanba Printers, Konung Lampak, Imphal 795001

Manipur Update
January Issue
Volume I Issue II, January 2000
Feature 4
 
The Fear of Rape : The Crime and Punishment

The fear of rape is common to all women, whose sense of esteem is measured according to the standards set by men. Manipuris are no different. The fear is not merely of the physical assault on the body, but the fear of stigmatization associated with the act.

The Manipuri term for rape, Ijat Manghanba is itself an indicator of the social outlook. It means 'the violation of one's esteem'. In a single act of wild sexual aggression, the victim's esteem is deemed lost. She becomes a pariah for the rest of her life. She is punished for the crime of which she herself is the victim. The same society allows the perpetrator of the crime to lead a normal life, without stigma, after serving the required term in jail, if at all he is caught.

In Manipur, the victims range from a 3 year old child to even a 70 year old woman. The types of rape include date rape, statutory rape and gang rape. In most of the cases, it is a single rapist and that too mostly persons known to the victim.

For fear of social ostracism, most of the rape cases are not reported. Sometimes it is the victim who hides the crime. Family members also tend to coverup the crime.

However, a soul searching on public attitude towards the crime of rape and rape victims began in the year 1986, with the gang rape and murder of a young girl named Neelam Panchabhaiya. Although she was a non-Manipuri, the public outcry was massive. One of the perpetrators was suspected to be the son of the then Chief Minister. However, legal proceedings were dropped for 'lack of evidence'. Public fury was once more ignited in 1990 on a similar case of gang rape and murder of another girl named Tamphasana. The case was also dropped on the ground of insufficient evidence.

These two incidents helped in reshaping public attitude towards the crime of rape and rape victims. The general public began to take a strong stand against the crime and its perpetrators, while being sympathetic to the victims. But still the stigma and scar would not go away.

In the last decade, the incidence of rape has come down. The decade witnessed a series of activities aimed at social reformation both by NGOs and underground militant outfits. Underground groups, notably the United National Liberation Front (UNLF), Manipur began the elimination of rapists. UNLF claims to have shot dead more than 50 rapists.

These acts of vigilante justice not only helped in bringing down the rape incidence in the state, but it also helped the victims in fighting their own fears. Since then, the rape victims started appealing to the underground organisations for instant justice. Such appeals can be frequently seen in the local dailies.

The 1974 case of Miss Rose was the first incident of rape of a local girl by a member of the Indian security forces, which became public. Miss Rose committed suicide after she was repeatedly raped by an officer of the Border Security Force. The perpetrator went scot-free, due to lack of sufficient evidence.

Allegations of rape and molestation on the local girls and women by security personnel during the course of counter-insurgency operations, mainly in the hill districts, were brought up. Most of the cases did not reach its logical end. One of the reasons might have been the general fear of the security forces, who enjoy special privileges under the Indian criminal procedure.

The fear of social stigma attached to the rape is further aggravated by the general fear of security forces, with the stories of rape and molestation in the hills doing the rounds. Precautionary measures to avoid rape or molestation are taken up by the women themselves during combing operations by the security forces.

The Ahanjaobi case of 1996 was a turning point in public attitude towards the crime and its victimization. A married woman Ahanjaobi Devi of Imphal was raped by two personnel of Indian army in front of her disabled 12 year old son, during an operation. Overcome by a sense of humiliation, she came out in the open.

The general public joined her in seeking justice. Instead of social ostracism, she was hailed for her bravery. The public outrage and the intensity of the movement was such that, the army authorities were practically forced to initiate Court Martial proceedings against the two army personnel. They were found guilty and punished for the crime in 1997.

By conducting the Court Martial in public and punishing them after a quick trial, the army authorities scored a point that, those personnel found guilty are not spared as often misrepresented. But, by short-circuiting two following cases of rape by army personnel in the military court, the semblance of justice turned into thin air.

In 1998, two other married women, Pramo Devi of Keirenphabi village and Thoinu Devi of Kakching Chumnang Ching were raped by army personnel, in two separate incidents. The army inquiries, which followed, rejected the charge of rape.

The UN Special Rapporteur on Violence against Women Ms Coomarswamy made a recommendation to the Indonesian government in the context of rape by military in East Timor:

... Rape by soldiers in these areas is tried in military tribunals and not before an ordinary court of law. As a result, the measure of jugdement does not seem to exist. Civilian government should reclaim this space.

A similar recommendation to the Indian government is needed. 

Other articles in the January Feature

 

 

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