Is the state justified in force-feeding Irom Sharmila?

It has been barely 48 hours since a Manipur Court ordered the release of activist Irom Sharmila who has been on a 14-year-long fast. A teary eyed Sharmila, cheered by her many supporters, walked out a free woman from her make-shift prison in Imphal.

However, it didn't take the state very long to react and last night, Sharmila was once again arrested unceremoniously for refusal to undergo a medical check up or to be force-fed. 

But this isn't the first time that Sharmila was allowed freedom for such a brief period. Over the last decade, Sharmila has been arrested over and again on charges of attempting suicide, and then let go after a period of 364 days. 

Why? Well, because that is just about how long the state can hold an individual captive.

Following the gunning down of innocent civilians by the army at a bus-stand in Malom, Sharmila started her indefinite hunger strike, on November 2, 2000, demanding justice and removal of  Armed Forces Special Protection Act (AFSPA). 

Irom Sharmila was arrested and detained in the security ward of a hospital in Imphal, Manipur, where she was force-fed a diet of liquids through her nose, Amnesty International reported. Although she has never been convicted for attempting to commit suicide, they note.

However, as the offence is punishable with imprisonment for up to one year, she has been regularly released after completing a year in judicial custody, only to be re-arrested shortly after as she continues her fast. So, for what is starting to seem a repetitive cycle of events, Sharmila has spent most of the last 14 years under state custody. 

In February 2012 as well, the Supreme Court of India observed in its ruling in the Ramlila Maidan Incident versus Home Secretary, Union of India and others case that a hunger strike is “a form of protest which has been accepted, both historically and legally in our constitutional jurisprudence.”

And yet Sharmila has faced systemised state subjugation for her otherwise non-volient protests. Ironically, her silent protest is reminiscent of the very individual that India considers as its founding father—Mahatma Gandhi. 

Meanwhile, AFSPA continues to receive criticism internationally. Amnesty International, in its report, pointed out how AFSPA falls short of international human rights standards, including provisions of treaties to which India is a party to. "It is inconsistent with India’s international legal obligations to respect and protect the right to life, liberty and security of person, to freedom from torture and other ill-treatment, and to an effective remedy," they state.

ALSO READ: Here's why Irom Sharmila has been on a 14-year long hunger strike against Armed Forces Special Powers Act (AFSPA)

However, whether or not her demands hold credence, it has become obvious from her case that the state machinary has been incapable of handling constitutional protests.

So what else can the state do instead?
Dolfy Dsouza, chief of Police Reforms Watch, observed, "In Irom Sharmila's case, the state has been attempting to intimidate her, but has failed to and their attempts have instead backfired."

"They must realise that democracy is not a one-way traffic, and should adopt a mature methodology of dailogue," he advises.

This rings especially true in the case of Irom Sharmila, court has palced the onus of her well being on the state. In response, the state has being force-feeding her through nasal tubes, and has kept her under police custody for attempted suicide. Considering their current approach to "ensure her well being" has not amounted to much, a constructive dialogue does seem to be the next step to addressing this issue in a democratic polity like that of India's. 

Then what is taking the state, government after government, so long to express an intent of concern for Irom Sharmila? "The state either needs to give an explanation to why the AFSPA cannot be repealed," he insists, further pointing out that failure to do so will only amount to increased support for Sharmila and her cause. 

However, a country that otherwise finds pride in the essence of Mahatma Gandhi's Satyagraha is yet to take note of Sharmila's plight. 

On her part, Sharmila remains resolute. 

Even as the police drag her in concern of her supposed well being, she continues to deter state opperession. "I will continue to fast till my demand is met. The order of the sessions court that I am not attempting to commit suicide is welcome," she told the media during her brief period of freedom. 

ALSO READ: Irom Sharmila: Story of a never-ending fast against a draconian law