IMPHAL: Taking suo motu cognizance of the 'arbitrary restrictions' imposed on visiting Irom Sharmila Chanu, the National Human Rights Commission (NHRC) on Wednesday recommended the Manipur government to immediately lift the curbs.
Demanding repeal of the controversial Armed Forces (Special Powers) Act, Sharmila has been fasting since November, 2000. At present, she is being forced-fed through her nose by the government in the security ward of JN Hospital.
The commission, led by its chairman justice KB Balakrishnan, paid a three-day visit to Manipur last week. Besides meeting Sharmila, the rights panel also held sittings.
During its visit, the state officials could not give any satisfactory reply to the commission on the exception made to the practice in Sharmila's case, but was informed that permission to meet her must be issued by either the chief minister or the deputy chief minister.
An NHRC statement issued on Wednesday said the restrictions to meet Sharmila breach India's obligations under international human rights standards and principles and is a grave violation of human rights.
In its notice to Manipur chief secretary, the commission said Sharmila must be permitted to receive visitors under the regime that governs all persons in judicial custody. The commission asked him to reply by December 6 on the steps taken in response to the recommendation.
The commission observed that it believes that if the state government could deny permission to its special rapporteur, a retired DGP and to special rapporteurs of the UN to visit Sharmila, it is unlikely that it gives others access to her.
"It would appear that while keeping her alive, since her death would create problems for the state government, it is trying to break her spirit through this enforced isolation for which there is no judicial mandate, though she is in judicial custody," the NHRC said.
The NHRC said Sharmila is a person of concern to it on three counts. Firstly she is a person in custody on the terms of whose imprisonment the commission has received some complaints.
Secondly, it has been represented to the commission and to the UN special rapporteurs who have visited India that the terms of her imprisonment have deliberately been made harsh because she is a human rights defender.
Lastly, in so far as she is held in conditions that are onerous because of her peaceful opposition to an aspect of government police, a law whose repeal she seeks, she is a prisoner of conscience, said an NHRC statement.
Two commission members, accompanied by senior officers, had met Sharmila on October 23 and they found her frail but alert and did not complain of any ill treatment.
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