Victory of Irom Sharmila
- Hueiyen Lanpao Editorial :: August 20, 2014 -

Irom Sharmila donates books to Manipur State Library on 12 July 2013 :: Pix - Deepak Oinam

Indeed, it is a long overdue relief for the human rights activist. After nearly 14 years of detention in judicial custody under Section 309 of Indian Penal Code (IPC) on alleged charge of attempt to commit suicide, which is interspersed with the legal drama of releasing her on completion of one year in the judicial custody only to be re-arrested again, the court of Sessions Judge, Manipur East has ordered the Government of Manipur on Tuesday to set free Irom Chanu Sharmila, who has been on a longest fast to demand repeal of Armed Forces Special Powers Act since November, 2000.

The landmark order issued by the Sessions Judge A Guneshwar Sharma has come after Sharmila moved the court challenging an earlier order passed by the Chief Judicial Magistrate of Imphal East on June 4 last that charged her under section 309 of IPC (attempt to commit suicide). Setting aside the order of the Chief Judicial Magistrate of Imphal East, the Sessions Judge has made it clear that there is no material evidences to support or establish that Sharmila is trying to put an end to her own life and the method (fasting) she adopted is not illegal, as it is for a political demand through a lawful means for repealing a valid statue.

The court has also directed the Government to take up appropriate measures for ensuring the health and safety of Sharmila in case she decides to continue with her fast after being released, which is very likely.

Although the order of the Sessions Judge, Manipur East was only a reaffirmation of an earlier ruling passed by the Supreme Court of India in February 2012 in the Ram Lila Maidan Incident versus Home Secretary, Union of India and Others case wherein the apex court had observed that hunger strike is “a form of protest which has been accepted, both historically and legally in our constitutional jurisprudence,” and we are yet to know how the Government of Manipur would react to this court order; nonetheless, it is a very significant judgment that would set a precedent in favour of democratic protesters across the country and beyond.

In fact, Amnesty International India, which has recognised Sharmila for long as a ‘Prisoner of Conscience’ and has been campaigning intensely for her unconditional release, has hailed the court order as a legal and moral victory of Sharmila’s nearly 14 years long struggle for doing away a draconian law dating back to British colonial era which gives sweeping powers to personnel of Armed Forces to do anything without fear of being prosecuted.

Most importantly, while recognising Sharmila’s fast and struggle as a peaceful exercise of her right to freedom of expression, this historic court ruling, as Laifungbam Debabrata Roy, president of Centre for Organisation Research and Education (CORE) of Manipur has pointed out, would contribute substantially to the recognition and resolution of the political conflict that has existed between New Delhi and Manipur for many decades, and, of course, the final erasure of AFSPA from the jurisprudence of India.

So, let’s hope for the better.