Dear friends:
The Asian Human Rights Commission has received information regarding the murder and probable rape of a 16-year-old girl in Imphal West District, Manipur State. On the 5 March 2013, local fishermen found the body of pregnant girl, deceased, Ms. C1 (name withheld), floating in Haorang cannel. Although a confessor has emerged and taken into custody, he has since been released due to his naming of two local minors whom he hired to commit the murder. A Joint Action Committee (JAC) has been established to rally for justice on behalf of C1 and ensure that investigation and prosecution in the case. The JAC also aims to further the issue of violence against women in future discussions of the Manipur State Assembly.
CASE NARRATIVE:
The body of C1 (Original name of the female victim is witheld), reported to be a resident of Pishak of Luker Mayai Leikai, was discarded in a stream in Imphal West district near the Lansang Police Station and found by fishermen on 5 March 2013. C1 was last seen alive on 2 March 2013 at around 9:00 pm when she left her parents house with the intention of going to her grandmothers’ home in Maklang. Her body was found half clothed and had many injuries around her head, lips, and face. A phanek (loincloth), believed to be hers was found several hundred meters away on the shore. The Lamshang Police retrieved the body and deposited it at Regional Institute of Medical Science (RIMS) mortuary for autopsy.
A post mortem examination conducted at the RIMs indicated that C1 had been four months pregnant. No information regarding the paternity of the fetus has been reported. Case (FIR No – 9 (3) 2013 LSP – PS U/S – 302/376/39 Indian Penal Code 1860) was registered for the incident.
On 6 March at around 11 am, 28-year-old Mr. Ningthoujam Sanjit of Tairenpokpi Chingtaba surrendered to Lamshang Police Station of Imphal West District claiming responsibility for the murder of C1. He stated to have been in love with C1, despite the fact that he has since been involved with another woman. According to C1’s mother, her affair with the man began 7- 8 months previous to the event and the man had called her repeatedly on 2 March 2013.
The police released Sanjit on 8 March 2013 and then arrested two children, (Child 1 – name withheld) 16-years-old, resident of Maklang Bazar and (Child 2 – name withheld) 15-years-old, resident of Maklang Awang Leikai, whom Sanjit claims to have hired to kill C1. Both boys were produced to the court on the 23 March and later detained in judicial custody.
The day after C1’s body was found, a public meeting was held at Luker Mayai Leikai, where the attendees formed the JAC against the killing of C1. The members lobbied for the immediate arrest of the culprits, and just punishment of the same. The JAC filed a complaint on C1s behalf and vowed to continue campaigning until justice is delivered on her behalf. Additionally, the committee pushed for the State Assembly of Manipur to discuss the increasing levels of crime against women in the state. The public meeting also resolved to push for the state government to discuss remedies for violence towards women during the next assembly session.
The circumstances surrounding C1’s death are highly suspicious. Not only was she a minor, but also she was four months pregnant. Because of her pregnancy, and the ambiguous nature of her relationship with Sanjit (whom is allegedly in a relationship with another woman), notice should be paid to the intentions behind her murder.
It is worthy of note in this case to distinguish that more than one crime has been committed. Sanjit’s employing the help of two minors to commit an act of murder makes him equally palpable for prosecution in this case. Regardless of the execution of the crime, Sanjit has expressly stated that he has conspired with two other individuals to commit a crime, an offense that is equally punishable under the law.
The investigation should be conducted to determine if there was indeed, sexual violence before the victim was murdered. Simply because the girl was subsequently murdered does not condone overlooking the crime of rape. Lack of effective police training on how to conduct investigations properly without contaminating evidence is also a culprit behind the miscarriage of justice in persecuting murder rape cases. As of the information received by the AHRC, there is no physical evidence against Sanjit, only his confession, and further evidence has not been mounted to develop a case against him. The circumstances under which Sanjit confessed also must be investigated.
ADDITIONAL INFORMATION:
Because the state of Manipur is an area of conflict where the Armed Forces Special Powers Act 1958, (AFSPA) is enforced, great care must be undertaken regarding the prosecution of minors to ensure that their rights are not violated and the Juvenile Justice (Care and Protection) Act, 2000 (JJ Act) is respected. Minors under the age of 18 should be tried by the Juvenile Justice Board and are still party to the rights of adults, including freedom from torture.
The expertise and resources available for the state police to undertake investigations is particularly important in this case. The Asian Human Rights Commission (AHRC) is aware that unfortunately the state police in Manipur lack both resources and training to undertake scientific investigation of crimes. Additionally the police also suffer from deep demoralization, evidenced from the high number of extra-judicial executions and the widespread practice of torture reported from Manipur, against which the Supreme Court of India is undertaking an inquiry at the moment.
The state also lacks adequate facilities for advanced criminal investigations, like forensic laboratories with equipments as well as experts to undertake scientific criminal investigations. This, to a certain degree forces the police to resort to crude and unscientific investigations of crime, most of it depending on forced confessions extorted through torture and intimidation. In this aspect the liability for failing to provide for such facilities falls directly upon the state government. In this case, the AHRC is unaware as to whether forensic testing regarding the rape of the girl has even been conducted.
Additionally, the fact that the prime suspect in the case hired two boys to execute the crime is alarming and illuminates the dark reality, of the violent environment in Manipur. The socio-political landscape in Manipur today is such that the youth in the state have very limited options, often offering them to be easy prey for crimes and criminals. The incessant violence forced upon the population, most importantly due to the use of the AFSPA and the impunity associated with the law that has encouraged violence without accountability; and the brutality of violence perpetuated by the armed underground groups, including abduction, kidnapping and extortion often forces educational institutions to remain shut for months. Over the past ten years, this has had a devastating effect upon the entire population of Manipur, most importantly upon its youth.
Deep-rooted corruption in the bureaucracy, particularly within the law enforcement agencies, in which jobs are sold for bribes – for obtaining a job as well as within duty – has in no uncertain terms promoted widespread drug abuse, including its trade in the state. Youth in Manipur, forced out from schools for reasons beyond their control therefore easily fall prey to criminal syndicates.
The JJ Act, requires minors to be produced before the Juvenile Justice Board, and not in a regular court. Unfortunately the concept of ‘juvenile justice’ is absent in Manipur. Though the state administration claims that it has setup JJ Boards in all nine districts, in practice such facilities do not exist in the state. Due to the state government’s failure to establish the Boards, the central government’s Project Approval Board, vide its decision dated 17 January 2012, has suspended all financial support to the Government of Manipur, concerning the JJ Act. Due to this, the children suspected in this case will also end up in regular detention centers intended for the grown-ups, diminishing their possibility to be rescued from the life they live at the moment.
SUGGESTED ACTION:
Please write to the authorities listed below, requesting an investigation in the case. The AHRC is also writing a separate letter to the UN Special Rapporteur on the sale of children, child prostitution and child pornography requesting an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: Murder of 16-year-old girl in FIR No – 9 (3) 2013 of Lamshang Police Station must be investigated
Name of the victim: 16-year-old girl, the deceased in Lamshang Police Station, FIR number 9 (3)/2013, Manipur
Alleged perpetrators:
1. Mr. Ningthoujam Sanjit of Tairenpokpi Chingtaba. and
2. Two minors accused in the same crime
Date of incident: 2 March 2013
Place of incident: Imphal West district
I am writing to inform you about the case of suspected murder and rape of a 16-year-old girl in Imphal West District, Manipur. The facts of the case that is brought to my notice are the following:
The body of C1, reported to be a resident of Pishak of Luker Mayai Leikai, was discarded in a stream in Imphal West district near the Lansang Police Station and found by fishermen on 5 March 2013. C1 was last seen alive on 2 March 2013 at around 9:00 pm when she left her parents house with the intention of going to her grandmothers’ home in Maklang. Her body was found half clothed and had many injuries around her head, lips, and face. A phanek (loincloth), believed to be hers was found several hundred meters away on the shore. The Lamshang Police retrieved the body and deposited it at Regional Institute of Medical Science (RIMS) mortuary for autopsy.
A post mortem examination conducted at the RIMs indicated that C1 had been four months pregnant. No information regarding the paternity of the fetus has been reported. Case (FIR No – 9 (3) 2013 LSP – PS U/S – 302/376/39 Indian Penal Code 1860) was registered for the incident.
On 6 March 2013 at around 11 am, 28-year-old Mr. Ningthoujam Sanjit of Tairenpokpi Chingtaba surrendered to Lamshang Police Station of Imphal West District claiming responsibility for the murder of C1. He stated to have been in love with C1, despite the fact that he has since been involved with another woman. According to C1’s mother, her affair with the man began 7- 8 months previous to the event and the man had called her repeatedly on 2 March 2013.
The police released Sanjit on 8 March 2013 and then arrested two children, (Child 1 – name withheld) 16-years-old, resident of Maklang Bazar and (Child 2 – name withheld) 15-years-old, resident of Maklang Awang Leikai, whom Sanjit claims to have hired to kill C1. Both boys were produced to the court on the 23 March and later detained in judicial custody.
The day after C1’s body was found, a public meeting was held at Luker Mayai Leikai, where the attendees formed the JAC against the killing of C1. The members lobbied for the immediate arrest of the culprits, and just punishment of the same. The JAC filed a complaint on C1s behalf and vowed to continue campaigning until justice is delivered on her behalf. Additionally, the committee pushed for the State Assembly of Manipur to discuss the increasing levels of crime against women in the state. The public meeting also resolved to push for the state government to discuss remedies for violence towards women during the next assembly session.
The circumstances surrounding C1’s death are highly suspicious. Not only was she a minor, but also she was four months pregnant. Because of her pregnancy, and the ambiguous nature of her relationship with Sanjit (whom is allegedly in a relationship with another woman), notice should be paid to the intentions behind her murder.
It is worthy of note in this case to distinguish that more than one crime has been committed. Sanjit’s employing the help of two minors to commit an act of murder makes him equally palpable for prosecution in this case. Regardless of the execution of the crime, Sanjit has expressly stated that he has conspired with two other individuals to commit a crime, an offense that is equally punishable under the law.
The investigation should be conducted to determine if there was indeed, sexual violence before the victim was murdered. Simply because the girl was subsequently murdered does not condone overlooking the crime of rape. Lack of effective police training on how to conduct investigations properly without contaminating evidence is also a culprit behind the miscarriage of justice in persecuting murder rape cases. As of the information received by the AHRC, there is no physical evidence against Sanjit, only his confession, and further evidence has not been mounted to develop a case against him. The circumstances under which Sanjit confessed also must be investigated.
Because the state of Manipur is an area of conflict where the Armed Forces Special Powers Act 1958, (AFSPA) is enforced, great care must be undertaken regarding the prosecution of minors to ensure that their rights are not violated and the Juvenile Justice (Care and Protection) Act, 2000 (JJ Act) is respected. Minors under the age of 18 should be tried by the Juvenile Justice Board and are still party to the rights of adults, including freedom from torture.
The expertise and resources available for the state police to undertake investigations is particularly important in this case. The Asian Human Rights Commission (AHRC) is aware that unfortunately the state police in Manipur lack both resources and training to undertake scientific investigation of crimes. Additionally the police also suffer from deep demoralization, evidenced from the high number of extra-judicial executions and the widespread practice of torture reported from Manipur, against which the Supreme Court of India is undertaking an inquiry at the moment.
The state also lacks adequate facilities for advanced criminal investigations, like forensic laboratories with equipments as well as experts to undertake scientific criminal investigations. This, to a certain degree forces the police to resort to crude and unscientific investigations of crime, most of it depending on forced confessions extorted through torture and intimidation. In this aspect the liability for failing to provide for such facilities falls directly upon the state government. In this case, the AHRC is unaware as to whether forensic testing regarding the rape of the girl has even been conducted.
Additionally, the fact that the prime suspect in the case hired two boys to execute the crime is alarming and illuminates the dark reality, of the violent environment in Manipur. The socio-political landscape in Manipur today is such that the youth in the state have very limited options, often offering them to be easy prey for crimes and criminals. The incessant violence forced upon the population, most importantly due to the use of the AFSPA and the impunity associated with the law that has encouraged violence without accountability; and the brutality of violence perpetuated by the armed underground groups, including abduction, kidnapping and extortion often forces educational institutions to remain shut for months. Over the past ten years, this has had a devastating effect upon the entire population of Manipur, most importantly upon its youth.
Deep-rooted corruption in the bureaucracy, particularly within the law enforcement agencies, in which jobs are sold for bribes – for obtaining a job as well as within duty – has in no uncertain terms promoted widespread drug abuse, including its trade in the state. Youth in Manipur, forced out from schools for reasons beyond their control therefore easily fall prey to criminal syndicates.
The JJ Act, requires minors to be produced before the Juvenile Justice Board, and not in a regular court. Unfortunately the concept of ‘juvenile justice’ is absent in Manipur. Though the state administration claims that it has setup JJ Boards in all nine districts, in practice such facilities do not exist in the state. Due to the state government’s failure to establish the Boards, the central government’s Project Approval Board, vide its decision dated 17 January 2012, has suspended all financial support to the Government of Manipur, concerning the JJ Act. Due to this, the children suspected in this case will also end up in regular detention centers intended for the grown-ups, diminishing their possibility to be rescued from the life they live at the moment.
I therefore request you to ensure the following:
1. That a thorough and independent investigation is undertaken in the case;
2. The background under which the two minors got involved in the crime, as alleged by the first accused is investigated;
3. That the minors accused in the case are treated as specified in the JJ Act;
4. The state government of Manipur undertakes its responsibilities as required in the JJ Act.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Okram Ibobi Singh
Chief Minister of Manipur
New Secretariat Building
Bapupara, Imphal, Manipur
INDIA
Fax + 91 385 2451398
E-mail: cmmani@hub.nic.in
2. Director General of Police
PHQ Imphal
Manipur 795001
Imphal, Manipur
INDIA
Fax + 91 385 2223829
E-mail: dgp.mnp@hub.nic.in
3. Prof. Shantha Sinha
Chairperson
National Commission for Protection of Child Rights
5th Floor, Chanderlok Building
36, Janpath, New Delhi – 110 001
INDIA
Fax: + 91 11 23731584
Email: shantha.sinha@nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
