The Iron Lady and the Iron Indian democracy

Samarjit Kambam *

Irom Sharmila produced before Chief Judicial Magistrate, Imphal West at Cheirap Court complex, Imphal on September 24 2015 :: Pix - Shankar Khangembam

How peculiar and ridiculous the Indian democracy is. In fact, it is a democracy where killers and murderers go scot free and peace seekers, peace lovers and social activists are brought to book. My knowledge about Indian judicial system is next to nil and legal proceedings are an alien concept to me. But I, at least do have the miniscule idea that jargons in statements or verdicts by learned judges require some introspection.

As far as my slow-paced mind is concerned, I had come across final statements by learned judges either for accusing or acquitting an accused or a defendant accompanied by many jargons used in the verdict. The future of a client depends on the learned judge's verdict.

But it is quite peculiar that many accused who committed crimes of high degree roam freely whereas innocent ones who are devoid of money power and leverage are wrongly accused and dumped to rot in small cells of jails for many years in the name of committing crimes which they actually never did or carried out. This is where money and power becomes 'the ghost in the machine' in a democratic country like India.

There were controversial verdicts with jargons such as "The accused must be hanged", and as per Indian constitution, a person cannot be hanged twice. There were cases where a convict luckily skipped from the doorway to death, say, the rope snapped, or the pole broke apart or the branch of a tree used for hanging broke down, whereby even the President of India doesn't have the privilege to hang the accused person twice.

That's why statements like "The accused must be hanged till dead" cropped up in the Supreme Court Rulings. Another example say, "The Prime Minister was shot" is also a statement comprising of wrong jargons. The real statement should be "The Prime Minister was shot to death" which is an impeccable one. Otherwise, complication arises and the defence counsel gets the chance to question the court rulings in favour of the defendant.

Another disheartening scenario is the ruling that Irom Sharmia Chanu who has been fasting for more 13 years has been given the biased verdict that she is trying to commit suicide. Well, the table of democracy has been turned upside down.

In our Indian judicial system, Acts or Penal Codes jumps out for every kind of action however democratic or peaceful the acts are. That's the way it goes, the way the Indian Constitution goes. India, even though a democratic country enact laws that are more draconian than those imposed in military ruled countries.

The Armed Forces Special Powers Act 1958 is a crystal clear example whereby many innocent lives can be taken at will by the security forces. In fact, it is a 'License to Kill' the innocents. It comes as a jolt to many law abiding citizens of the country when renowned social activist Miss Irom Sharmila Chanu has been charged under Section 309 of the Indian Penal Court on the ground that she is attempting to commit suicide by Patiala Court, New Delhi with next hearing on 23rd May of 2014.

What an irony and what a shame on the part of the Indian Constitution for passing a ruling which is totally undemocratic? Iron Sharmila's fast is in no way related to the motive of suicide. She has been undergoing fast in a democratic and non-violent way and did not mention a statement of "fast unto death".

In her case, it is "fast till removal of Armed Forces Special Powers Act 1958". Her movement for the cause and motive of suicide are quite contradictory and not in sync. Every now and then she has been produced before umpteen courts, inside and outside the state which is an act of mockery of a democratic set up.

Before India got independence Mahatma Gandhi underwent fast on many occasions in a non-violent way which was supported by millions during his time. He was arrested and spent many years in jail. But was he booked for attempting suicide? Miss Irom Sharmila Chanu is undergoing her fast for removal of the draconian law i.e. AFSPA(Armed Forces Special Powers Act 1958) for more than 13 years(since year 2000).

She is following the footpath of Mahatma Gandhi – a footpath of peace and non-violence. In fact, it is a movement or most appropriately a revolution in a non-violent way following the principles of Mahatma Gandhi. She can in no way be termed as a criminal as she is not destroying, hurting or pillaging anything except bringing her own health down.

When democracy stands for the people, it is a wonder on the part of Indian government in failing to find out why a citizen of the very nation has been taking such an extreme step. Those ruling the country should know that there is some flaw in the system whereby such drastic steps are taken up by its very own citizens. Instead, to prevent skeletons from falling down from the cupboard, she is being counter-charged by the government of Indian Union to save its face. But, it is not a viable solution and a very undemocratic way of treating its own citizens.

Irom Sharmila Chanu's grit and determination is unparalleled and her will to fight for a good cause for the people is above reproach. In fact, she is a gem of a person, a one in a million, a shooting star, a diamond among gravel, a human being among inhuman beings. I wish that Rabindranath Tagore, the legendary literary icon were alive to give her the most appropriate accolades in words about Sharmila. To us, we really are devoid of words to describe the kind of person she is and the praise to be showered upon her.

She has already become an international figure, even a nominee for Nobel Peace Prize. Many famous persons have met her. People of other developed nations have the name "Irom Sharmila" at the tip of their tongue. Many human rights activists including Nobel Peace Prize winner from abroad as well as high profile hotshots from our home front have visited and chatted with her regarding the cause of her movement.

On the other hand, she is mocked and ridiculed as a crazy character in our very nation and most particularly in her birthplace mistaking her as someone trying to earn fame and praise. But now the whole world has realised that her movement for the cause is genuine and cannot be compromised.

With each passing day, she is getting weak and fragile, dedicating her youthful years for our better tomorrow, standing firm like a mountain and like a tiger weakened and made clawless by 'democracy' protecting her dear cub lings from the deadly world of Armed Forces Special Powers Act. Guns are no match against her might and her quest for peace is too great to be described in words.

We give our sincere thanks to the Mumbai based "The Root" and the group of artists and graphic designers for conceptualising the production of postcards of Sharmila as a means of supporting her movement. The "Save Sharmila" campaign carried out last year in Chennai by social activists to mark the International Women's Day with the Iron Lady's movement as the main theme was also a very welcome development.

We as citizens of a democratic nation can support her cause in many small ways. Say, we can wear T-shirts with picture of Sharmila, we can place small flags containing her pictures on our car's dashboards, we can paste her pictures on the walls of our homes and in public places, stories of her peaceful movement for a good cause can be included in the syllabus of subjects of primary classes, school bags can be imprinted with her pictures, the state government can approach the centre for making a postal stamp containing her picture, we can name a local street in her name, we can wear badges, carry hankies and other paraphernalias in her name etc., for whatever we do we will never be able to give her in return for what she has been doing for us. We must give our best efforts in making Irom Sharmila Chanu the 'Iron Lady' as a symbol of peace.