ABSTRACT:
Manipur has traditionally served as a microcosm of the complex and varied socio-political environment of India. The state, which is known for its diverse ethnic cultures, has also been known for its violent conflicts and instability, which are often caused by underlying communal issues. The article examines the complex issues surrounding Manipur’s unrest, looking at the historical context that has influenced the region’s current state of instability. Ethnic tensions fuelled by conflicting territorial claims, continuous militancy and insurgency operations, and demands for political autonomy are major causes of the ongoing violence. Furthermore, these tensions have been made worse by human encroachment, which has resulted in regular clashes. Tribal communities’ recent protests turned violent, turning into riots that resulted in serious damage, fatalities, and lynchings.
This paper aims to identify the underlying cause of the communal hatred among both the Kukis and the Meiteis and also how the government has played a role in curbing such violence. The paper also aims to identify the gross human rights violations faced by the people of Manipur, especially women. The role of the Armed Forces (Special Powers) Act has also been discussed with respect to the riots. This paper applies a doctrinal research methodology and aims to provide suggestive measures as to how the violence can be curbed.
Keywords: Manipur, Kukis, Meiteis, ethnic violence, human rights violations.
INTRODUCTION:
The act of trying to get rid of a particular group of people due to ethnic or religious reasons is termed as ‘Ethnic Cleansing’. Throughout history, we see instances where such acts are performed in order to wash off a minority on the basis of religion or cultural differences but the fact that it has grown significantly since the twentieth century proves that borders aren’t the only lines that people redraw between them. Over the years, the divisive policies formed by the government have led to a rapid rise in violence against minorities and Manipur has been a victim of such an ethnic cleansing. After facing more than a year of continued violence between the Kukis and the Meiteis, the people of Manipur that have been caught in the crossfire seem to have lost all hope of a return to normalcy. The Metei community is majorly Hindu and make up around 53% of the population whereas the Kuki community is Christian dominated and makes up for 16% of the population. The areas where the Metei tribes inhabit are far more prosperous than those in which the Kuki people reside.
There was a visible upsurge in the violence among communities in May 2023, when things took a drastic turn. The immediate trigger for the violence was the ‘Tribal Solidarity March’ held on May 3, 2023, by the All Tribal Students Union Manipur. The purpose of this march was to protest the dominant Meitei community’s request for Scheduled Tribe classification, which entitles them to certain constitutional rights and advantages. The tribal groups saw the Meitei community’s demand for this status as a danger since they thought it would result in increased marginalization and the loss of their own resources and protected privileges.
It has been more than a year now and Manipur is still trying desperately to reach out and stand on the ashes of the houses and people that burnt as a result of this community-driven hatred. Manipur is often referred to as the “Jewel of India” for its vibrant and diverse array of blossoms. While this state is nicknamed after the natural diversity it holds and is appreciated throughout the country, the diversity in communities that the state is home to is not appreciated in the same manner. The recent episodes of communal riots display a sense of animosity and a deep-rooted intolerance for various ethnic groups. The question that occurs is what is the government doing?
Ninety-one percent of the hate crimes that have been reported in the past ten years occurred after Prime Minister Narendra Modi assumed office and the BJP government came into power. This research paper aims to delve into the intricacy of the abuse that the people have been going through and the role of the government in reducing such violence and human rights infringement.
RESEARCH QUESTIONS:
- What are the sociopolitical and historical roots of Manipur’s ethnic cleansing?
- What is the impact of state policy and governance on the ethnic violence and cleansing dynamics in Manipur?
- What role does the Armed Forces (Special Powers) Act (AFSPA) play in the context of ethnic cleansing and criminal accountability in Manipur?
- How have the women been affected by these instances of animosity in Manipur?
AIMS AND OBJECTIVES:
- Understand how the stability of the region is affected by competing territorial claims, ongoing militancy, and demands for political autonomy.
- Examine how the Armed Forces (Special Powers) Act (AFSPA) is being implemented and what it means in light of the unrest in Manipur.
- Record and draw attention to the severe breaches of human rights that the people of Manipur—especially the women—are facing.
RESEARCH METHODOLOGY:
This research is descriptive and theoretical in manner and uses the doctrinal methodology. It is carried out in a philosophical way. The notion of the project is partially related to speculative study. The mode of writing in this project is analytical. The sources of data for this project are secondary in nature i.e. including articles, journals and online resources.
WHAT CAUSED THIS VIOLENCE?
A minimum of 220 individuals (that have been accounted) have died at the hands of the violent clashes amongst both the communities of Meiteis and the Kukis in Manipur since May 2023. The Meiteis have long been demanding for the Scheduled Tribe (ST) status since 2012, to receive additional benefits that are prescribed for the STs in the constitution. Article 342 of the Indian constitution provides for the list of STs:
(1) The President may with respect to any State or Union Territory and where it is a State, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Scheduled Tribes in relation to that State or Union Territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
After a High Court order was delivered that instructed the state government to consider expanding the special benefits and the various quotas that were provided to the tribal communities to the majority Metei community, the Kuki tribes felt threatened. Expanding these benefits to the Meiteis also meant that they would have more opportunities at better jobs and education than they already do. Since the Metei community was already at an advantage in these areas when compared to the Kuki tribe, there was an obvious and visible unrest among them. This led to more violence among both the communities especially after 3rd May, 2023 when the ‘Tribal Solidarity March’ was held. Ever since, around 60,000 individuals have been displaced due to this and have been forced to live in temporary shelters.
To understand why there has been hatred towards each other to such an extent it is necessary to trace the historical roots of these communities’ interaction with one another.
The area has been divided among two major sections with the Metei community dominating the valley whereas the Kuki community majorly inhabited the hills. Long-standing ethnic hostilities that are deeply ingrained are the root cause of the current disturbance in Manipur. Manipuri nationalists claim that the 1949 merger of the kingdom of Manipur with the Indian state was forced, which is the source of these problems. With this unification, Manipur’s complex ethnic makeup—which included numerous separate ethnic groups with their own distinct identities, goals, and grievances—came under the control of the Indian government. The Nagas and Kukis, two significant ethnic groups, have had a tumultuous history characterized by instances of planned violence, particularly in the early to mid-1990s. There has always been a persistent climate of mistrust and suspicion between these groups because, despite multiple attempts to promote peace, the fundamental problems between them have never been entirely resolved. Land disputes, competition for resource allocation, and issues with political representation are the major contributing factors.
In addition to their better education, the Meiteis enjoy a demographic and political advantage. The Meitei people’s language is included in the Eighth Schedule of the Constitution, and many of them have access to benefits associated with the SC, OBC, or EWS status. Kukis and Nagas pointed out that tribal areas make up 90% of the state’s geographical area, but the majority of its budget and development work is focused on the Meitei-dominated Imphal valley, which is unfair towards the tribes residing in the state since its formation. The Kukis believe that granting ST status to Meiteis would result in them losing out on job opportunities, allowing them to acquire land in the hills and drive the tribal people out, which will eventually lead to them losing their homes, livelihoods and identity.
Additionally, the Kuki tribes have recently started demanding for a separate homeland and for separate administrative arrangements. Also, the apex body of the Kukis – Kuki Innpi Manipur (KIM) with the help of Indigenous Tribal Leaders’ Forum (ITLF) have been rooting for a separate state or a Union Territory. While several other groups in the state are demanding for more autonomy and freedom. These demands from both sides of the state – from the hills and the valley, has led to political unrest in the state.
GOVERNMENT’S ROLE:
The Manipur state government and the Union Government, both have been strikingly silent on the happenings of the state. The government officials have been silently witnessing the damage that is being done to the infrastructure, the people that have been dying without making any notable efforts to curb this violence. The fact that about 5,600 weapons, including some of the most advanced weaponry, and 650,000 rounds of ammunition vanished from State Armouries either on purpose or by accident reveals the State authorities’ complicity in either carrying out the ongoing killings or failing to act appropriately to put the riots under control.
In an effort to resolve the increasing crisis, India’s Home Minister Amit Shah travelled to Manipur at the end of May, 2023. Nevertheless, he was unsuccessful in establishing a ceasefire and initiating negotiations between the parties in conflict. Kuki groups, who contend that the “peace committee” is mostly dominated by Meitei officials, such as the BJP Chief Minister, have rejected Shah’s creation of it.
Among the steps that the government took to curb violence was the shutdown of the internet to stop the circulation of false information and stop violent organizations from gathering more. Dozens were killed when more security personnel were sent in and “shoot-at-sight” orders were authorized. Although these actions were intended to restore order, they also brought attention to how serious the situation was and how difficult it was for the government to handle.
It took a gross human rights violation that the entire world witnessed for the government to break their silence. It was in June 2023, when a video of two Kuki women being paraded naked openly while a mob of men was touching and groping them surfaced online after the government ban on the internet had been lifted after almost two months.
A major role that the government has been playing is sowing deep-rooted inter-community hatred for political purposes. For the benefit of the ruling political parties, there is a lot of discord being created between the ethnic groups through divide and rule politics, which has made them gain the support of the majority groups like Meiteis. This is being done to provide the ruling RSS-BJP party the room to practice its brand of sectarian, anti-minority politics, which would allow business firms to embezzle additional funds.
The state government led by a Meitei chief minister and backed by the Bhartiya Janata Party was perceived to be pursuing anti-tribal measures under the guise of “anti-encroachment” and “anti-poppy cultivation” efforts, which had negatively impacted relations between the Meiteis and Kuki-Zomi tribes in recent months. All three of the state’s primary ethnic groups—the Kukis, Nagas, and Meiteis—cultivate illegal poppies for the purpose of producing drugs, although the Kuki are portrayed as offenders who engage in this kind of illegal cultivation in the hills. As a result of the increasing drug traffic, Manipur Chief Minister Biren Singh launched his “war on drugs,” which seems to be discriminatory towards the Kukis. He also has used terms like “poppy cultivators” and “narco-terrorists,” which he has been seen solely using against the Kuki tribes. The fact that the political elites behind the drug trade are benefiting from this, they hardly wish the conflict between the communities to cease.
Manipur is still on the verge of civil war, despite claims to the contrary from the state and the national government, both of which are dominated by the Bharatiya Janata party (BJP). Intermittent warfare has continued, with both sides waging war.
EFFECT OF THE RIOTS ON WOMEN:
Undoubtedly, the ones that are most affected by this inter-community warfare are women. Women are frequently singled out for rape and other forms of sexual assault by both state and non-state actors during ethnic conflicts and military operations. Not only do these actions constitute gross breaches of human rights, but they also function as instruments of war meant to terrify and degrade people. Survivors of such abuse suffer physical and psychological trauma that has a lasting effect on their general well-being, social status, and mental health. Women are being treated as objects meant to satisfy the needs of men. They are sacrificed by their family members too in order to protect the family from further sufferings. A lot of women are gang-raped and objectified in a form of revenge between the communities. A lot of fake news was circulating, one of which was that the Kuki community people had raped women from the Meitei community. This resulted in backlash from the Meiteis which included sexually assaulting women from the enemy tribe. This was one of the major reasons for the government to impose a statewide internet ban. The patriarchy that has existed in India for time unknown has made women a vulnerable group that is ostracized by men. Women have been disproportionately bearing the effects of communal violence in Manipur since the very beginning. There have been uncountable instances of violence against women be it sexual or any other forms. This shows that the political as well as non-political factors have made a complete mockery of women’s human rights.
One of the gravest instances of gross human rights violation against women was when a video of two Kuki women that were being paraded naked out in the open while the mob of men that surrounded them were groping them surfaced. The mob of men was allegedly reported to be from the Meitei community. The Supreme Court of India named this as the ‘grossest of human rights violations’. This is one among the many instances that haven’t come to the limelight which have affected women in unimaginable ways.
The severe situation for women amid the ongoing ethnic war has been brought to light by the dire state of human rights in Manipur, which has attracted considerable attention on a national and international level. Concerned about the situation in India’s Northeast State of Manipur, experts from the UN released a statement on September 4, 2023. International organizations, such as the United States (US) and the European Union (EU), have voiced alarm in response to the transgressions, and the National Human Rights Commission (NHRC) of India has issued directives addressing them. The Indian government’s response for non-intervention in their internal matters and the creation of a peace commission have drawn criticism and have been blamed for inefficiency regardless of the actions taken by the government.
THE ROLE OF THE ARMED FORCES (SPECIAL POWERS) ACT (AFSPA):
The AFSPA has been the subject of debate and controversy in India, specifically in Manipur. It was originally enacted to curb insurgency and also to maintain law and order in the ‘disturbed areas’. It grants the armed forces a wide range of authority, including the right to make arrests without a warrant and use force. But the implementation of AFSPA in Manipur raises serious concerns regarding criminal accountability and its involvement in ethnic cleansing, particularly in light of previous ethnic clashes.
Due to the rising disparities between the ethnic communities, the government decided to extend AFSPA for another six months, covering the entire state except for areas falling under 19 police stations in the Imphal Valley.
The exclusion of the AFSPA in the Imphal Valley, while it has been spread over the rest of the state, is deeply ironic and problematic as a lot of instances of violence have taken place there. It is important to look at the role the police have been playing too. There have been certain reports by the Kuki tribes where the police have refused to help the aggrieved and have instead favored the majority.
Under the cover of AFSPA, the Army and paramilitary groups have carried out a number of operations with the goal of suppressing insurgent activity and reestablishing order. But the harsh approach has frequently resulted in claims of excessive force and human rights abuses, weakening the public’s confidence in the army.
The Army argued that AFSPA should be reinstated in the Valley because its removal would make it more difficult to combat insurgent organizations who are taking advantage of the instability to acquire a strong foothold there. The government’s justification and the actual intent of the statute are called into question by the differences in the application of AFSPA. The prevailing atmosphere of distrust and anxiety highlights the necessity for a more sophisticated and situation-specific implementation of AFSPA, striking a balance between the needs of security operations and the responsibility to protect human rights and community confidence.
The right to life is regarded as the most important right in Article 6 of the International Covenant on Civil and Political Rights, and cannot be violated, not even in situations involving armed conflict or emergencies. As a state party to the ICCPR since 1979, India is subject to a number of rights and obligations that must be taken into consideration when evaluating how the act should be applied. It also discusses people’s right to be free from state actions or inactions that could cause them to die prematurely or deny them the opportunity to live a dignified life. The AFSPA is inconsistent with the Article 3 of ICCPR as they are often criticized for using harsh methods and encroaching upon people’s human rights. There have been allegations of rape and sexual assault by security agents during the ongoing Manipur riots. Local non-governmental organizations, human rights advocates, and certain media sources have recorded these instances. Women have reportedly been singled out for harassment or intimidation during military operations, according to witnesses and victims. This raises a significant question on whether the AFSPA is making the situation better or worse? The government must look into the human rights abuses that are reportedly done by the army and work towards curbing such communal violence.
LITERATURE REVIEW:
- Shweta Singar, 2023
The author delves into the detailed historical context of the intricate and multidimensional ethnic unrest in Manipur, government actions, the current situation, and the causes of the violence that is still occurring. The author identifies the causes of the ongoing violent conflicts in Manipur and delves into further detail about the history of ties between the various ethnic groups.
- Signe Leth, 2023
The author talks about the ongoing and complex struggle in Manipur, which is fueled by colonial legacies, historical ethnic tensions, and contemporary socio-political and economic issues. In order to achieve long-lasting peace in Manipur, the article emphasizes the need of understanding the complex nature of the conflict, recommending a thorough and inclusive strategy.
- Dr. Ewelina U. Ochab, 2023
The author writes about the recent violence in Manipur with a focus on how the Hindu Meitei and Christian Kuki groups are using sexual violence as a weapon in their ethnic war. The article describes horrifying instances of women being slain, raped, and subjected to torture, with the survivors experiencing severe trauma and shame. The author emphasizes on how local authorities have failed to safeguard vulnerable groups, calling for immediate international engagement and stressing the broader effects of violence against women and ethnic minorities in conflict areas.
CONCLUSION:
Manipur’s predicament is unmistakably one of “internal disturbance” or non-international armed conflict, necessitating the application of Article 355, rather than “public order” issues. But for far too long, government officials have seen it as a “law and order” issue. Common Article 3 of the Geneva Conventions mandates the application of international humanitarian law in non-international armed conflicts, and Additional Protocol II of the Geneva Conventions provides protection for civilians that are affected by such internal conflict.
The conflicts arise out of a deep-rooted hatred amongst the communities and therefore peace negotiations and effective mediation is the need of the hour. The people of both the communities must realize the damage they have been inflicting upon the infrastructure and the amount of trauma that people are suffering due to this. There are casualties on both the sides and therefore the government must interfere in an effective and unbiased manner in order to curb the violence in Manipur.
SACHI JAIN
School of Law, Christ University Bangalore