‘Charge of attempt to commit suicide was wrongly framed against the petitioner’
Manipur’s human rights activist Irom Sharmila Chanu is likely to walk free soon. This after an Imphal Court on Tuesday issued release orders of Sharmila, who has been on an indefinite fast for about last 14 years to protest human rights abuses in the State and demanding the repeal of the Armed Forces Special Powers Act (AFSPA).
Irom Sharmila has been on indefinite fast since 2000 after the Assam Rifles killed 10 Manipuris at Malom in Imphal. She was arrested shortly after she began her hunger strike and was charged with attempting to commit suicide — a criminal offence under the Indian law.
However, stating that the agitation of Sharmila is a political demand through a lawful means, the court order observed that “the charge of attempt to commit suicide was wrongly framed against the petitioner”.
“From her past conduct, it seems that she may continue with the fast till her demand is met politically by the Government. In the circumstances, the State Government may take up appropriate measures for her health and safety, such as nose feeding etc, in case she decides to continue with her fast,” said Judge of the Sessions Court of Imphal East district, A Guneswar Sarma.
“The revision petition is, accordingly, allowed and disposed of,” the order added. “If the State Government does not challenge the release order in higher court, she should be able to walk free soon after completion of some formalities,” said Sharmila’s lawyer Mani Khaidem. Sharmila is currently held at the security ward of the Jawaharlal Nehru Hospital in Imphal, where she is force-fed a diet of liquids through her nose.
“It’s a moral victory for us. The court verdict vindicated that Sharmila’s fast is not an attempt to commit suicide,” said Babloo loitangbam, a prominent human rights activist in the region. “The court had accepted that the charge was not sustainable. There has been a consistent position where activists have been saying that Sharmila is not taking her life, she is making a political point which is to repeal the Armed Forces Special Powers Act,” loitangbam said.
The Armed Forces Special Powers Act (AFSPA), which covers large parts of northeastern India and Kashmir, gives security forces sweeping powers to search, enter property and shoot-on-sight and is seen by critics as cover for human rights abuses.
Repeal of the law has also been recommended by a number of national bodies including the Second Administrative Reforms Commission, Jeevan Reddy Commission and the Prime Minister’s Working Group on Confidence-Building Measures in Jammu & Kashmir. The Justice Verma Committee on Amendments to Criminal law said in January 2013 that the AFSPA legitimised impunity for sexual violence, and recommended an urgent review of the law.
The Amnesty International on March last year had appealed the Indian authorities to immediately release Irom Sharmila Chanu and drop all charges against her.