If Sharmila dies, We are responsible

By Laimayum Bashanta Sharma *

Introduction- India, the homeland of Mahatma Gandhi, father of the Nation who is well known to the world for his approach of Ahimsa/ Non-Violence propagated peace through non-violence should be ashamed today for treating Ms. Irom Sharmila Chanu differently by the Government, both at the State and Center unthinkable to any peace loving citizen of the land.

Ms. Sharmila, on November 4 , 2010 had entered 10th. Year of her fast unto death journey demanding withdrawal of Armed Forces (Special Powers) Act,1958 (AFSPA ) which otherwise is known as draconian law from Manipur State and other part of the country.

It is high time for us to reason together why the government of India/State has turn deaf ear to her peaceful approaches for repeal of AFSPA from the State.

Irom Sharmila Chanu, at the age of 28 years stepped into her fast unto death demanding withdrawal of AFSPA, 1958 from Manipur after the Malom massacre, where ten innocent civilian waiting for their respective buses at the bus stop were mercilessly gunned down by the Assam Rifles and escaped free from magisterial enquiry in the name of AFSPA.

Irom Sharmila

AFSPA in Manipur- Today, AFSPA in Manipur doesn't serve its purpose any more, because AFSPA as the government claimed was to maintain normalcy in the state, so also control the insurgency movement in the state but on the contrary, AFSPA had encourage the increase of Insurgency movement in the state. Before AFSPA there was hardly 2/3 group but today after introducing AFSPA in the state the insurgencies group has increased 2/3 to 33/34 group.

With the reality at hand, can we still consider AFSPA as mean to bring normalcy in the state as claim by the government? If AFSPA doesn't serve its purpose but create more problem for the people them why should not AFSPA be removed from the state.

Some opinion are given supporting AFSPA in Kashmir valley but that could not be taken into account for Manipur state because the nature of conflict in Kashmir valley and Manipur are very different from one another.

In Kashmir, conflicts are created with the help of the external forces(Pakistan) where Indian government has no control over external forces, terrorizing the people living within, the innocent people becoming victim because of nexus with external forces. So in that cases, AFSPA may serve its purpose because innocent civilian has no power to fight against external forces.

However, the nature of conflict in Manipur doesn't involved external forces but created within and these could be solve through dialogue and conversation in a peaceful way of negotiation. In internal conflict solution can bring through dialogue not with gun powers and AFSPA don't serve any purpose for bring normalcy in Manipur.

Sharmila quest for peace and normalcy in the state through non-violence is recognized internationally though the government of India remain silent. Her effort has been recognized and nominated for Nobel Peace Prize twice in the year 2005 and 2010 respectively initiated by different social activist/ human right activist & NGOs, and in 2007, she has been awarded the Gwangju Prize for Human Rights(south Korea)and in 2010 the Rabindranath Tagore Peace Prize but government of India has not done anything so far to meet her rightful demand but term her as illegal and put behind bar.

Armed Forces (Special Powers) Act, 1958- AFSPA, in order to" maintain public order" in areas it considers "disturbed". It empowers armed forces officers to shoot any person who may be suspected of being insurgent, in so called "disturbed areas". Besides, this Act provides that the central government permission is necessary to prosecute any officer, which grant them a nearly complete immunity from prosecution.

Section 4 of the AFSPA says-Special powers of armed forces- any commissioned officer, warrant officer, non- commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area-
(a) If he is so opinion that it is necessary to do so for the maintenance of public order, after giving such due warning as he may consider necessary fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire arms, ammunition or explosive substances.

(b) If he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified positions or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as training camp for armed volunteers or utilized as a hide out by armed gangs or absconders wanted for any offence.

(c ) Arrest, without warrant any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest.

(d )Enter and search without warrant any premises to make any confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.

Women protesting in nude in front of Kangla

Reddy committee report- The 147- page reports of the Reddy committee( The Armed Forces ( Special Powers ) Act, 1958, should be repealed ) submitted its recommendations on June 6,2005 to UPA government. But the government failed to take any suitable action on the recommendation even after almost a year and a half. The then Defence Minister of the UPA government, Shri Pranab Mukherji had rejected the withdrawal or significant dilution of the Act on the grounds that " it is not possible for the armed forces to function" in " disturbed areas " without such powers.

During the investigate, the Reddy committee met/ interact various organization, individual, Political Parties, NGOs, Institutions and intellectuals , which finding in the report that " the Act, for whatever reason, has become a symbol of oppression, an object of hate and an instrument of discrimination and high handedness."

The Reddy committee report clearly stated that " it is highly desirable and advisable to repeal the Act altogether, without of course, losing sight of the overwhelming desire of an overwhelming majority of the (North East ) region that the Army should remain ( though the Act should go ). But legal expert opined that the Reddy panel despite its recommendation for the 'repeal of the Act' has nothing substantial for the people. The committee recommends the incorporation of AFSPA in the unlawful Activities ( Prevention ) Act, 1967, which will be operable all over India.

Sharmila with Shirin Ebadi- During her fast at Delhi, the Delhi Police arrested her for attempting suicide the midnight on October 6, 2006 and detain to AIIMS. For the first time Sharmila met Shirin Ebadi, Nobel Laurate and human rights activist at AIIMS.

After their meeting at AIIMS, Ms Ebadi told to the media- If Sharmila dies, Parliament is directly responsible. If she dies, courts and judiciary are responsible, the military is responsible... If she dies, the executive, the Prime Minister and the President are responsible for doing nothing… If she dies, each one of you journalists is responsible because you did not do your duty....

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* Laimayum Bashanta Sharma, a Correspondent for PIONEER, contributes to e-pao.net regularly. The writer can be contacted at bashanta_lai(at)yahoo(dot)co(dot)in
This article was webcasted on November 29 2010.

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