MANIPUR FEMICIDE AND VIOLATION OF HUMAN RIGHTS LAW

Subject- International Relations

Submitted by: Submitted to:

Harshita Kushwaha Dr. Avinash Samal
Semester V Assistant Professor
Section C International Relations
Roll No. 66, Id No. 21/2021/2512 HNLU, Raipur

HIDAYATULLAH NATIONAL UNIVERSITY

RAIPUR, CHHATTISGARH

Date of Submission: 7th September 2023

 TABLE OF CONTENTS

Introduction................................................................................................................................1

Historical Context......................................................................................................................1

Root Causes................................................................................................................................1

a. Armed Conflict................................................................................................................1
b. Patriarchy........................................................................................................................1
c. Impunity..........................................................................................................................2
d. Socioeconomic Disparities..............................................................................................2
Legal Framework.......................................................................................................................2

a. Sections 302 (Murder) and 376 (Rape) of the Indian Penal Code (IPC):.......................2
b. Protection of Women from Domestic Abuse Act, 2005.................................................2
c. National Human Rights Commission (NHRC):..............................................................2
d. International Treaties and Conventions..........................................................................3
Violation of Human Rights........................................................................................................3

a. Right to Life....................................................................................................................3
b. Right to Equality and Non-Discrimination.....................................................................3
c. Right to Personal Security...............................................................................................4
d. Right to Access Justice....................................................................................................4
Conclusion..................................................................................................................................4

References..................................................................................................................................5
INTRODUCTION
Femicide, or the purposeful killing of women because of their gender, is a global issue that
violates not only the right to life but also a variety of other human rights regulations such as
equality, non-discrimination, and personal protection. This research paper focuses on a
specific case of femicide in Manipur, India, which is located in the country’s northeastern
area. Despite its natural beauty and rich cultural heritage, Manipur has been damaged by a
troubling tendency of femicide, which has resulted in serious human rights violations.

HISTORICAL CONTEXT
The historical context of femicide in Manipur is multifaceted and deeply rooted. The state has
a history of violence and insurgency dating back to the mid-twentieth century, making it a
risky place to live. Women in Manipur have suffered disproportionately as a result of the
conflict, and they are frequently the targets of violence. Furthermore, the region's historical
patriarchal practises have led to the devaluing of women's lives, worsening the femicide
problem.1

ROOT CAUSES
The root causes of the high frequency of femicide in Manipur are complex and intertwined,
stemming from a combination of factors that perpetuate gender-based violence. These root
causes are deeply embedded in the socio-cultural, political, and economic fabric of the
region. To elaborate on each of the identified root causes:

a. Armed Conflict: As a result of ongoing insurgency and counterinsurgency operations,

women have been exposed to a variety of forms of violence, including sexual assault,
kidnapping, and extrajudicial killings.
b. Patriarchy: Traditional patriarchal standards continue to obstruct women's access to
education, economic opportunities, and decision-making authority in Manipur. Gender-
based violence becomes worse as a result.

1
“Sainico Ningthoujam, In Manipur, Violence Against Women, Impunity, And Apathy Show A Familiar Pattern
Of Events, THE WIRE (AUG. 25, 2023, 9:29 PM), https://thewire.in/women/in-manipur-violence-against-
women-impunity-and-apathy-show-a-familiar-pattern-of-events”

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c. Impunity: Many wrongdoers often escape punishment because they aren't held
accountable by the police and the legal system.
d. Socioeconomic Disparities: Women are more vulnerable to violence because they are
often poor and have limited access to things like money and help, which makes it hard for
them to get away from abusive situations

LEGAL FRAMEWORK
India indeed has a robust legislative framework aimed at defending human rights, including
those of women. However, the effective enforcement of these laws can be challenging,
especially in conflict-ridden areas like Manipur. Here's an elaboration on the key legislative
measures concerning femicide in India:

a. Sections 302 (Murder)2 and 376 (Rape)3 of the Indian Penal Code (IPC):

Section 302 deals with murder cases, and Section 376 pertains to rape cases. These sections
are crucial for prosecuting femicide instances, as they provide the legal basis for charging
individuals responsible for these heinous crimes.

b. Protection of Women from Domestic Abuse Act, 2005:4

This statute is instrumental in addressing domestic abuse, which can often be a precursor to
femicide. It empowers victims by providing them with protection orders that can restrain the
abuser and offer legal safeguards to the affected women.

c. National Human Rights Commission (NHRC):

The NHRC plays a vital role in monitoring human rights abuses, including those against
women. It can investigate complaints, recommend actions, and advocate for justice. In
conflict-ridden areas like Manipur, however, the effectiveness of the NHRC may be limited
due to security concerns, lack of access, and the challenging nature of investigations in such
environments.5

2
“Indian Penal Code, 1860, § 302, No. 45, Acts of Parliament, 1860 (India)
3
Indian Penal Code, 1860, § 376, No. 45, Acts of Parliament, 1860 (India)
4
Act No. 43 of 2005
5
WOMEN RIGHTS IN INDIA, NHRC https://nhrc.nic.in/sites/default/files/Women%E2%80%99s%20Rights
%20in%20India%20complete_compressed.pdf (last visited Aug 26, 2023)”.

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d. International Treaties and Conventions:

“India is a signatory to international treaties like the CEDAW (Convention on the

Elimination of All Forms of Discrimination Against Women), which obligate the
government to respect and protect women’s rights. These treaties provide a framework for
holding the government accountable for addressing gender-based violence and femicide.”6

VIOLATION OF HUMAN RIGHTS

In the context of Manipur femicide, it is essential to recognize the profound violations of

human rights law that occur, as outlined below:

a. Right to Life:
The right to life, as enshrined in Article 21 of the Indian Constitution, is a fundamental and
inherent human right. Femicide directly and blatantly violates this right by depriving women
of their lives solely because of their gender. Femicide encompasses acts such as honor
killings, dowry-related murders, and targeted killings of women due to cultural or gender
biases. Each of these acts constitutes a blatant infringement of a woman's most fundamental
right—the right to life itself. In Manipur, where femicide occurs within the backdrop of a
conflict-ridden environment, the right to life is constantly under threat, leading to an urgent
need for comprehensive protection and justice.

b. Right to Equality and Non-Discrimination:

Femicide is a stark manifestation of gender-based discrimination and inequality. “Article 15
of the Indian Constitution explicitly prohibits discrimination on the grounds of sex, among
other factors.”7 Femicide, which primarily targets women, underscores the deeply entrenched
gender biases within society. These acts of violence reinforce the unequal status of women,
perpetuate harmful stereotypes, and deny them their rightful place in society. The failure to
address femicide effectively represents a grave violation of this constitutional provision and
contradicts international human rights standards that emphasize the principles of gender
equality and non-discrimination.
6
“OHCHR, https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-
discrimination-against-women (last visited Aug 26, 2023).”
7
I NDIA CONST. art. 15.

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c. Right to Personal Security:
The right to personal security is closely linked to the right to life and is also protected under
Article 21 of the Indian Constitution. Femicide, by its very nature, creates a pervasive
atmosphere of insecurity for women. The fear of violence, often rooted in patriarchal norms
and societal acceptance of gender-based violence, limits women's freedom to lead their lives
without constant fear for their safety. The failure to prevent and address femicide in Manipur
not only deprives women of their personal security but also underscores the state’s failure to
protect this fundamental human right.

d. Right to Access Justice:

Impunity for femicide perpetrators not only perpetuates a culture of violence but also
undermines the right to access justice, a cornerstone of human rights law. When those
responsible for femicide are not held accountable, it sends a dangerous message that violence
against women is tolerated and can be committed with impunity. This lack of accountability
erodes trust in the justice system, dissuades survivors and their families from seeking redress,
and perpetuates a cycle of violence. It also violates the principles enshrined in the Universal
Declaration of Human Rights, which emphasize the right to an effective remedy and access to
justice for all individuals.

CONCLUSION
Femicide is a multidimensional problem in Manipur, with roots in historical conflict,
patriarchal traditions, and socioeconomic inequities. In conclusion, femicide in Manipur
represents a grave violation of multiple fundamental human rights, including the right to life,
right to equality and non-discrimination, right to personal security, and right to access justice.
Addressing this issue requires not only legal reforms and stronger enforcement mechanisms
but also a broader societal shift towards gender equality and the recognition of women’s
rights as human rights.

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REFERENCES
o “OHCHR, https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-
elimination-all-forms-discrimination-against-women
o WOMEN RIGHTS IN INDIA, NHRC https://nhrc.nic.in/sites/default/files/Women
%E2%80%99s%20Rights%20in%20India%20complete_compressed.pdf
o Sainico Ningthoujam, In Manipur, Violence Against Women, Impunity, And Apathy Show
A Familiar Pattern Of Events, THE WIRE https://thewire.in/women/in-manipur-violence-
against-women-impunity-and-apathy-show-a-familiar-pattern-of-events”