On 19th August 2014, Manipur East Sessions court ordered the immediate release of Irom Sharmila who has been on a hunger strike for the past 13 years over the demand of repeal of Armed Forces Special Powers Act (AFSPA) from the state.
Irom was detained at Jawaharlal Nehru Institute of Medical Sciences (JNIMS).
The court gave this directive in response to a revision petition filed by Irom’s counsel Khadamani. The court in its directive said that there is no evidence so far been found indicating that Irom is trying to commit suicide.
She had been placed under arrest according to Section 309 of Indian Penal Code for attempt to commit suicide.
On June 1, 2014 Imphal East judicial Magistrate Nouteneshwari Devi had accepted a chargesheet filed by the state government and ordered the framing of charges against Sharmila under Section 309 of IPC.
This is the first time that a court has clearly thrown out the suicide case against Irom and directed her release. The court’s order is yet to be received by the state government and Manipur police.
Who is Irom Chanu Sharmila?
Irom Sharmila Chanu is also known as the "Iron Lady of Manipur" or "Mengoubi" ("the fair one") is a civil rights activist, political activist, and poet from Manipur.
Sharmila has been on a prolonged hunger strike for over 13 years, demanding the repeal of the Armed Forces (Special Powers) Act, 1958 (popularly known as AFSPA).
Irom is been force-fed through her nose for over a decade now. She is being called "the world's longest hunger striker".
Government spends about Rs. 50,000 a month in nose feeding her.
India's National Human Rights Commission also acknowledged that she was a 'Prisoner of Conscience' who was being detained solely for the peaceful expression of her beliefs and called for the removal of restrictions imposed on access to her.
Reason for so long hunger strike
On 2 November 2000, in Malom (a town in the Imphal Valley of Manipur) ten civilians were shot and killed while waiting at a bus stop. The incident, known as the "Malom Massacre” was allegedly committed by the Assam Rifles, one of the Indian Paramilitary forces operating in the state.
The victims included Leisangbam Ibetombi, a 62-year old woman, and 18-year old Sinam Chandramani, a 1988 National Child Bravery Award winner.
Sharmila, who was 28 at the time, began to fast in protest of the killings, taking neither food nor water.
She was arrested by the Manipur police shortly after she began her hunger strike on November 2, 2000 and charged with attempting to commit suicide a criminal offence under IPC. She was later transferred to judicial custody. Her health deteriorated rapidly, and nasogastric intubation was forced on her in order to keep her alive while under arrest.
However, as the offence is punishable with imprisonment for up to one year, she has been regularly released after completing a year in judicial custody, only to be re-arrested shortly after as she continues her fast.
Although attempting to commit suicide is a bailable offence in India, Sharmila has refused to sign the bail bonds, maintaining that she has not committed any offence.
Instead, she has called for the criminal charges against her to be dropped. She has pleaded not guilty to the charges of attempting to commit suicide, saying she is involved in a non-violent protest.
In March 2013, a Delhi court also charged Sharmila with attempting to commit suicide in October 2006, when she staged a protest in Delhi for two days.
What is Armed Forces (Special Powers) Act, 1958?
Armed Forces Special Powers (Assam and Manipur) Act, 1958 is in force in parts of North-eastern India since 1958.
It provides sweeping powers to soldiers, including the power to shoot to kill in certain situations and to arrest people without warrants.
The Act also provides virtual immunity from prosecution for security personnel, by mandating prior permission from the central government.
The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 which is in force in Jammu and Kashmir since 1990 is virtually identical to law Armed Forces Special Powers (Assam and Manipur) Act, 1958.
Background Armed Forces (Special Powers) Act, 1958
- In 1951, the Naga National Council (NNC) reported that it conducted a ‘free and fair plebiscite’ in which about 99 per cent Nagas voted for a ‘Free Sovereign Naga Nation’.
- There was a boycott of first general election of 1952 which later, extended to boycott of government schools and officials.
- In order to deal with the situation, the Assam government imposed the Assam Maintenance of Public Order (Autonomous District) Act in the Naga Hills in 1953 and intensified police action against the rebels.
- When the situation worsened, Assam deployed the Assam Rifles in the Naga Hills and enacted the Assam Disturbed Areas Act of 1955, providing a legal framework for the paramilitary forces and the armed state police to combat insurgency in the region.
- But the Assam Rifles and the state armed police could not contain the Naga rebellion and the rebel Naga Nationalist Council (NNC) formed a parallel government "The Federal Government of Nagaland" on March 22, 1956.
- The Armed Forces (Assam and Manipur) Special Powers Ordinance 1958 was promulgated by the President Dr. Rajendra Prasad on the 22nd May, 1958. It was replaced by Armed Forces (Assam and Manipur) special Powers Act, 1958 on September 11, 1958.
- The Armed Forces (Assam and Manipur) Special Powers Act, 1958 empowered only the Governors of the States and the Administrators of the Union Territories to declare areas in the concerned State or the Union Territory as 'disturbed'.
- The reason for conferring such a power as per "Objects and Reasons” appended to the Bill was that, "Keeping in view the duty of the Union under Article 355 of the Constitution and to declare areas as 'disturbed', to enable its armed forces to exercise the special powers".
The act was amended in 1972 as Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 1972. In this amendment act the words, The Armed Forces (Assam and Manipur) Special Powers Act, 1958 were substituted by "Armed Forces (Special Powers) Act, 1958", getting the acronym of AFSPA, 1958.
The territorial scope of Act was expanded to the five states of the North-East and then two Union territories after the amendment:
- Assam
- Manipur
- Meghalaya
- Nagaland
- Tripura and
- Arunachal Pradesh(UT)
- Mizoram (UT).
By amendment Act of 1972, the power to declare areas as being disturbed was extended to the central government.
According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:
- After giving such due warning, Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order.
- Destroy any arms dump, hide-outs, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence.
- To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest.
- To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it.
- Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons.
- Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.
- Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review.
- Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.
Protection to Persons acting under Act:
No persecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.
Three Acts under the provision of AFSPA
- Armed Forces Special Powers (Assam and Manipur) Act, 1958- It is not repealed yet.
- The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983- The Act was withdrawn in 1997, roughly 14 years after it came to force.
- The Armed Forces (Jammu & Kashmir) Special Power Act, 1990- It is not repealed yet.
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