All about human rights, the judiciary & the executive

Thoudam Imomacha Singh *

Irom Sharmila produced before court of Chief Judicial Magistrate at Lamphel on 8 January 2015 :: Pix - Shanker Khangembam

The term, "human rights" purports the basic principles of how a human being is to be treated with a sense of respect and civility. In short, a human being is obviously entitled to live a life of dignity. The present day world witnesses a constant infringement into the doctrine of civilized living of an individual.

With a view to this minatory situation, a campaign adhering to the promotion of human rights has become imperative. In the campaign of "save human rights", Manipur has outdone every state in the Union of India with Irom Sharmila's relentless fight against the massive abuse of human rights in every nook and cranny of India in particular and that of the world in general.

Among millions, she is the lone harbinger coming out for the protection of human rights accompanied with a deep sense of meaningful silence, signaling the eternity of survival with pride and vision to millions and millions of the world.

The lady, (Irom Sharmila) has been aptly eulogized as the "Iron Lady of Manipur" by her humble and spirited supporters from across the globe. Sharmila's indomitable Joan of Arc, (c.1412-1431) spirit is the only beacon of hope to salvage the pot of ambrosia of human rights from the deluge of the satanic conspiracy of a handful of tyrants, who are always self-centered and call themselves the law-makers of the land.

It is high time, now, to question their demonic behavior. Just to get rid of the "Iron Lady" the present ruling dispensation in Manipur, in-spite of coming to their sense, barbarously contemplates to transmute the state of Manipur into a "Madhouse".

Such a brazen thought, is , indeed diabolic. In such a chaotic situation the masses have no alternative but to resort to the "Judicature" for both mental and physical solace. Sharmila has been on fast unto death since November, 2000.

Article I of the Declaration of Human Rights (1948) adopted by the United Nations says :- "All human beings are born free and equal dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood".

Mahatma Gandhi in his "India of My Dreams" described "..an India in which the poorest shall feel that it is their country in whose making they have an effective voice…an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of intoxicating drinks and drugs. Women will enjoy the same rights as men".

A Constitutional expert has put it this way:- "The preamble of the Constitution of India says that the State in India will assure the dignity of the individual. The Constitution seeks to achieve the objective by guaranteeing equal fundamental rights to each individual so that he/she can enforce his/her minimal rights. A number of directives have been incorporated in part VI of the Constitution, exhorting the state so to shape its social and economic policies that inter alia " all citizens men and women equally have, the right to adequate means of livelihood".[Art.39(a)], "just and human conditions of work"[Art.42],and "a decent standard of life and full enjoyment of leisure and social and cultural opportunities [Art.43]".

Only the Judiciary can interpret the law of the land and implement it for the welfare of the citizens. Only the Courts of Law can prevent the act of harassment and torture meted out to Sharmila.

The executive of the state (Manipur government) deals with the action of governance. The need of the hour in Manipur is a leader enlightened in the art of state craft, not a pseudo politician or half-baked administrator.

The state government needs to cross party-lines in dealing with long standing demand of iconic human rights activist Irom Sharmila i.e. to expunge Armed Forces (Special) Powers Act, (AFSPA) from the soil of Manipur. Irom Sharmila has befittingly provided no room for compromise with any one on this issue.

Pertaining to Sharmila's daring demand, till now the state government is constantly trying to buy time. It is laughable. The State Legislature, the Judiciary and executive must put their heads together and iron out an amicable settlement of "Sharmila Entangle" before it is too late.