IMPHAL, April 1: Following the order of a Delhi Court acquitting human rights defender Irom Sharmila of an “attempt to commit suicide” charge under Section 309 Indian Penal Code, the International Commission of Jurists (ICJ) has said that Government of Manipur must immediately drop all charges under Section 309 against her.
Irom Sharmila has been on a hunger strike for over 15 years, demanding repeal of the Armed Forces Special Powers Act (AFSPA), 1958 from the State.
“This order is a welcome recognition that Irom Sharmila’s hunger strike is a form of peaceful dissent and protest protected by the right to freedom of expression,” Sam Zarifi, ICJ’s Asia director said in a press release.
“The Government of Manipur should drop the other charges under Section 309 against her, and release her immediately and unconditionally,” he demanded.
Irom Sharmila began a hunger strike in November 2000, calling for the repeal of the AFSPA, following the unlawful killing of 10 civilians by security forces purportedly acting under it in Malom.
She was arrested by the Manipur Government in 2000 under Section 309 of the Indian Penal Code, which prohibits an “attempt to commit suicide”, the release said.
The Delhi government also charged her on similar grounds with respect to an incident from 2006, when she held a protest in their jurisdiction. This week, a court in Delhi acquitted her of the charges against her in Delhi. The case against her in Manipur is, however, still on-going, it stated.
It mentioned that the decision of the Delhi court is not binding on the courts in Manipur, but the charges are analogous, and similar reasoning should prevail.
On at least two occasions previously, courts in Manipur have directed that Irom Sharmila be released, saying that charges under section 309 were not applicable. In 2014, for example, a Manipur court quashed charges under section 309 against her, saying “The agitation of Irom Chanu Sharmila is a political demand through lawful means of repealing a valid statute. She may continue with the fast till her demand is met politically by the Government”.
However, since she continued her hunger strike, she was immediately re-arrested on the same grounds. In its 210th report, the Indian Law Commission has recommended that Section 309 be repealed, it said.
“The use of Section 309 against Sharmila highlights the outdated and absurd nature of this law,” Zarifi said.
“The government should expedite the repeal of Section 309 and, instead of criminalizing Irom Sharmila’s protest, focus on the reason behind it and repeal the AFSPA”, he added.