Rape is used as an instrument to assert dominance in times of war and political violence. We saw that during the two World Wars as part of the terror unleashed by the Nazis, and we also saw that happen in the late 1940s during Partition in India. We saw it happen in Manipur in 2006, when the Hmar tribe in Parbung and Lungthulien villages in the Tipaimukh subdivision in Manipur's Churachandpur district faced insurgency-related atrocities from the Meitei militants belonging to United National Liberation Front (UNLF) and the Kangleipak Communist Party (KCP). The militants harassed the villagers and chose some young girls to rape them; 25 cases were registered by the state police many days after the incident, and by that time, many survivors fled the Parbung division. In such cases, one is bound to question the existence of justice, particularly when it happens in the world’s largest democracy.

Decoding violent conflicts and rape

The ongoing ethnic crises in Manipur between the majority Hindu Meitei community and the minority Christian Kuki-Zo tribe has taken a nasty and deviant shape, as the circulation of the 26-second video reflects. Historically, rape is a gendered crime and a well-strategised plan to dent the pride and dignity of an adversary. Women's bodies are reduced to sites of war; their physical violation is a means to ensure psychological victory. Manipur does not exhibit any unique war strategy.

Rape is not merely an act of sexual violence during such times of ethnic or political strife. It symbolizes dominance and control of one community over another as well as that of the man over the woman. But it doesn't require political violence to deny justice to the survivor of rape.

Deeply entrenched and socially sanctioned patriarchal gender norms that disempower women contribute to an environment prone to sexual violence. Post-violence, the survivor is subjected to stigmatization and judgement, and the lack of social support often discourages her from reporting the violence. What's more, a lack of trust in the justice system adds fuel to the fire and the perpetrators go unpunished. The onus of the crime falls on the victim instead of the perpetrator, and justice is hardly ever served. All these factors contribute to the under-reporting of rape cases in India, and if reported, securing conviction gets challenging, and many a time, survivors pay the price with their life or with the life of their loved ones.

In this instance, the video raises grave concerns over the law enforcement agency's role and responsibility in such conflicts where they may need to fight against a community to ensure peace. The circulation of such dehumanizing videos also calls for an overhaul of societal and judicial responses.

What do I mean by that?

A social overhaul would mean unflinching systemic support not just for the survivor but also for the family. Social stigmatisation reduces the woman to the function of "upholding" family honour. A survivor needs medical care (physical healing) and access to counselling (mental healing) facilities. At the systemic level, our society needs exposure to age-appropriate sex education, addressing issues like healthy relationships, boundaries, respect and consent.

Dissemination of awareness regarding sexual violence and its impact can prove significant in combating inhumane ideas like the objectification of women, and help in preventing the spread of rape culture. Lastly, pushing towards policy change and the legal system would help address the issue effectively.

Legal overhaul

The conviction rate in crime against women was 26.5% in 2021, a downward shift from 29.8% in 2020, data from the National Crime Records Bureau shows. The pendency rate in these cases remains high, i.e., 95%, news reports indicate. The data highlights a serious lack of efficiency in the judicial system as they could dispose of only 5% of cases. Our judicial system is overburdened, often resulting in delayed justice that culminates in denial of justice. The low conviction rate, either due to delay in trial or unpunished perpetrators, contributes to a lack of confidence and trust of a survivor in the legal system of the country.

To solve the problem, fast-track courts were established. However, accessibility and effectiveness remain in question, and often, perpetrators go unpunished due to a lack of evidence to support the accusations. The problem calls for improvement in the forensic examination process that can ease and enhance evidence collection, thereby increasing the chances of prosecution.

Most importantly, courts must ensure survivors’ safety and protection throughout the legal process. These are some of the measures that can help in restoring survivors’ faith back in the judicial system and will strengthen the roots of a just and egalitarian society.

In the present context, the women were not some random women. The act of rape was a political act, perpetrated on the basis of their identity. The solution will not lie in the arrests of a few individuals. It is a political crime needing a political solution of total separation of the Kuki-Zo from the majority community. Justice will prevail only then.

Esther Ngaihte is an associate professor of economics at the Shri Ram College of Commerce, Delhi University. Bharti Mahlyan is a research scholar at the Jawaharlal Nehru University, New Delhi