Most of us are certainly fully seized of the huge escalating violence in Manipur that had spiralled virtually out of control thus virtually stealing the entire limelight in international and national news headlines for entirely wrong reasons which was just not warranted. As we know fully well that it has been more than a month that huge violence broke out on a large scale between the Kukis and the Meiteis communities both of whom coincidentally belong to the same ethnic stock. Of course, the law and order situation now though generally is under control but the overall situation still remains volatile as there is huge unrest due to many people being wrongly and unfairly dislodged from their homes and compelled to take shelter in relief camps due to their house being destroyed by unruly mob.
It must be mentioned here that Manipur has three major ethnic groups – Nagas, Kukis and Meiteis with Meiteis being the largest accounting for 52% of the State’s population and yet was deprived of being in the Scheduled Tribes list even though the former two were included in it. Those wanting Scheduled Tribes status then ultimately petitioned the Manipur High Court. As it turned out, we then witnessed how that on April 19, 2023 the Manipur High Court directed the State government to do the needful in this direction and forward its recommendations to the Union Government.
Needless to say, what the Manipur High Court directed was not taken kindly by the tribal groups who were totally opposed to such status of the Scheduled Tribes being conferred on Meiteis. The May 3, 2023 rally as we saw witnessed huge outbursts and protests and the rally in Churachandpur unexpectedly turned violent suddenly when a rumour went agog that the Kuki war heroes memorial complex in a suburb bordering the valley district of Bisnupur had been desecrated and burnt down violently by the Meiteis. This culminated in mob going on the rampage and we witnessed how several Meitei settlements around Torbung village was burnt down. The memorial site was later found intact but the damage had been done.
It definitely cannot be lightly dismissed by anyone that none other than the Apex Court and CJI himself very commendably lauded Advocate Nizam Pasha for his valuable and fair suggestions aimed squarely at mitigating the ongoing crisis to a great extent. Just a day earlier we saw the Apex Court making it crystal clear that the Court cannot take over the control of law and order from the elected government. Of course, we must note that while most graciously acknowledging Advocate Nizam Pasha’s suggestions and most generously applauding the unique manner in which he presented these suggestions, CJI Dr DY Chandrachud minced just no words to unequivocally state while expressing his views maintaining that, “The way and the manner in which Mr. Pasha has given his suggestions – it is very fair. They are pointed suggestions, very crisp and to the point. There are no innuendos. We appreciate the way that you’ve done it. It is truly done as an officer of this court.”
Most notably, we must note here that Advocate Nizam Pasha has presented the following 13 most commendable suggestions on behalf of the Zomi Students Federation of India which deserves to be taken note of and taken to its logical conclusion and which are as follows: –
1. Several bodies are reported to be lying unidentified and unclaimed in several mortuaries in hospitals across Imphal including the Jawaharlal Nehru Institute of Medical Sciences Morgue, Imphal. Families of persons who are missing and feared dead are unable to reach these mortuaries. The State may designate an officer who can be contacted and who will facilitate visits by such families to mortuaries under escort/protection and enable the process of identification and handover of dead bodies for last rites.
2. There is an acute shortage of doctors in the district hospitals in the hill districts. The doctor deputed by the health ministry and those promised by the Hon’ble Home Minister may be sent to the district hospitals in the hill districts to address the shortage.
3. There is shortage of essential medicines, Dialysis Machines, CT Scan Machines in the district hospitals in the hill districts which must be addressed.
4. Arrangement has been made for students of Churachandpur Medical College to attend classes in Jawaharlal Nehru Institute of Medical Sciences, Imphal (JNIMS). Similar arrangement may be made for medical students of JNIMS, Regional Institute of Medical Sciences, Imphal (RIMS) and other medical colleges in Imphal to attend classes in other institutions of similar standing outside the state.
5. Manipur University has decided to conduct examinations in all its affiliated colleges. These examinations need to be deferred since schools and colleges in the hill districts have been converted into relief camps and a large number of students and university staff have been forced to flee their homes.
6. Helicopter Services have been provided between Churachandpur, Kangpokpi and Tengnoupal and Imphal. Such services are in fact required between Churachandpur, Kangpokpi and Tengnoupal and Aizwal, Guwahati and Dimapur as tribals from the hill districts are still afraid to come to Imphal even to use the airport.
7. Jio and Vodafone Cellular Services have not been functioning in the State for the last several weeks and need to be restored.
8. The State Government has issued a circular on 26th June 2023 asking all government employees to immediately report to work and threatening disciplinary action against employees who fail to do so. This circular may be withdrawn as a large number of persons have either fled the State or are living in relief camps.
9. There are 105 relief camps in Churachandpur, 56 in Kangpokpi, 10 in Chandel and 15 in Tengnoupal being run by community self-help groups. There is acute shortage of drinking water, food, sanitation, shelter and bedding at these for the displaced persons staying at these relief camps. The Petitioner be allowed to submit a list of items urgently required at these camps and the Respondents State/Central Government be directed to supply these items at the earliest.
10. Direction be issued by this Hon’ble Court that appropriate restraint be exercised by persons holding official positions from making inciting or provocative remarks directed at any particular community that may exacerbate the conflict as per the directions issued by this Hon’ble Court in the case of Kaushal Kishor v. State of U.P., (2023) 4 SCC 1.
11. The Hon’ble Home Minister after discussions with representatives of all communities had indicated that an inter-agency unified command would be set up under the chairmanship of the security adviser Shri Kuldeep Singh. However, as per the updated status report, the meetings of the unified command center are being chaired by the Chief Minister which is contrary to the stated position of the Central Government. This needs to be corrected to generate confidence in the neutrality of measures being undertaken.
12. A status report be called for on the number of arms looted from the police armories, the number of such arms recovered and the measures being undertaken for recovery of the remaining arms.
13. To make the task of this Hon’ble Court easier, a Committee having representatives of both the affected communities and chaired by a retired Judge of this Hon’ble Court be appointed to oversee rescue, relief and rehabilitation measures and to address grievances concerning the same. This will ensure neutrality and build confidence in the impartiality of the relief and rehabilitation measures. At present the teams comprising ministers and MLAs appointed by the Government to oversee relief and rehabilitation measures comprise of 35 MLAs (from a legislative assembly comprising 60 MLAs) across seven teams in-charge of seven (7) districts pointedly do not include even a single MLA from the Zo-Kuki tribes which damages public confidence in the neutrality of the measures being undertaken.
In conclusion, it must be said with certitude that the most invaluable suggestions and inputs given by learned Advocate Nizam Pasha to the Apex Court for suggestions to mitigate the Manipur situation must be promptly implemented. There can be no gainsaying that it will definitely go a long way in mitigating the damage caused and enable people to cope up with the grievances and woes confronting them to a very large extent. The earlier this is done, the better it shall definitely be in the interest of those for whom it is actually meant. No denying it!
Sanjeev Sirohi