Sharmila approaches SC on 309 IPC

Imphal, June 08: In a significant development concerning the interpretation and legality of section 309 Indian Penal Code (attempt to commit suicide), Irom Sharmila who has been on fast unto death since Nov 2, 2002 has filed a petition before the Supreme Court. The petition filed under Article 32 of the Constitution prayed before the apex Court to issue a direction to the respondents to immediately and unconditionally release her from custody and to stop force feeding. Lawyers of Human Rights Law Network (HRLN) initiated the case on behalf of Sharmila, said advocate Rakesh Meihoubam, co-ordinator HRLN Manipur Unit. Having heard the petition, the apex Court had in April last week this year maintained that it would be proper to put up the matter before the High Court, Rakesh said. Upon such an order, the same matter would be filed before the Guwahati High Court, Imphal Bench very soon, he added. Mention may be made here that petitioner Sharmila (29) began her fast unto death the day after Assam Rifles' personnel mowed down 10 civilians at Malom on Nov 2, 2000. She is demanding removal of Armed Forces Special Powers Act, 1958 from the State. On November 5, 2000, Sharmila was arrested by the police on charges of attempt to commit suicide u/s 309 IPC and since then she has been remanded to judicial custody by the Court. She is being nose fed at JN Hospital. The petition stated that her condition is deteriorating rapidly and her vital organs are degenerating and that she is very weak and can hardly speak. Her degenerating condition, due to force feeding, was also reported by the Campaign Against Racism and Fascism (CARF) in the autumn of 2002, it said. The petitioner is not attempting to end her life instead she is only trying to exercise her constitutional rights to protest. "She does not want to die but she is determined not to end her fast until the disturbed area status is lifted and AFSPA is repealed from Manipur", said the petition and added that death may be an inevitable result but the petitioner has no intention to commit suicide. Elaborating on the petition, it said entering on to a hunger strike is an exercise of fundamental rights guaranteed under Art 19 of the constitution that is freedom of expression.