Why in News?

• The Apex Court of the country acting as the guardian of the Constitution took moto cognizance of video showing two women in Manipur being paraded naked.
  • The women were subjected to sexual violence amidst the internal violence in the State.
• The Court by expressing deep condolence asked Centre and the State Government to inform it of the steps taken to bring the perpetrators into law.

Background

• A viral video that is circulating on social media, showing two Kuki women being paraded naked by a mob on May 4 became a national concern.
• The incident occurred in B Phainom village in Kangpokpi district on May 4.
• A Zero FIR was filed by the Saikul police, in Kangpokpi district, on May 18. It was forwarded to the Nongpok Sekmai police station.
• The Zero FIR contained charges of rape and murder against “unknown miscreants”.
• High Court’s directive to the Manipur government triggered the violence between the Meiteis and the Kukis in Manipur.
• A single judge bench of acting Chief Justice M.V. Muralidaran of the Manipur High Court, through its impugned order, had directed that the State shall consider the inclusion of Meitei community in the Scheduled Tribes list.

Court’s Observations

• The court observed that using women as instrument in an area of communal strife to inflict gender violence is deeply disturbing. This is the grossest of human rights violations.
• The court warned the governments stating that “we will give a little time for government to take action otherwise we will step in”.

Zero FIR

• Section 154 of the Code of Criminal Procedure, 1973 (Cr.P.C.), governs the First Information Report (FIR) in cognizable cases. Zero FIR also falls under Section 154 of Cr,P,C.
• A zero FIR can be lodged in any police station irrespective of the jurisdiction of cause of action.
• The concept of zero FIR was mainly propounded to be inserted in the Criminal Law Amendment by Justice Verma’s Committee after the incident of the Mukesh & Anr. v. State for NCT of Delhi & Ors. (2017).
• The Apex court in Lalita Kumari v. Government of U.P. (2003) observed that it is mandatory to register a FIR under Section 154 of IPC, 1860 if the complaint is related to a cognizable offence.
• It was held in the case of Kirti Vashisht v. State & Ors. (2019), that even if the information to be registered as FIR where the incident took place which is out of the jurisdictional area of the police station, it is still mandatory for police to register the information as zero FIR and thereafter, transfer to the police station having jurisdiction.

Communities

Kuki Community

• The Kuki people are a group in the Northeastern Indian states of Manipur, Nagaland, Assam, Meghalaya, Tripura and Mizoram, as well as neighboring countries of Bangladesh and Myanmar.
• The Kukis have been demanding self-determination for their community for a long time.
• The primary reason behind such is that the Kukis do not share a cordial relationship with the Meiteis and the Nagas.

Meitei Community

• They are the largest and dominant community in Manipur.
• The Meitei ethnic group represents about 53% of Manipur's population.

Legal Provisions

Section 376D of the Indian Penal Code, 1860 – Gang Rape

• Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person's natural life, and with fine:
• Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
• Provided further that any fine imposed under this section shall be paid to the victim.

Section 302 of the Indian Penal Code, 1860 – Punishment for Murder

• Whoever commits murder shall be punished with death or [imprisonment for life] and shall also be liable to fine.