The Delhi HC has said that the RML hospital authorities were within their rights to secure and maintain the health of Irom Chanu Sharmila.
NEW DELHI: Giving the state the right to "force-feed" a person accused of attempt to suicide, in case they refuse to take food, the Delhi High Court has said that the RML hospital authorities here were well within their rights to secure and maintain the health of 35-year-old Irom Chanu Sharmila, who has been on a hunger strike since 2000 to press for a repeal of the Armed Forces Special Powers Act (AFSPA), which allegedly gives sweeping powers to the Army in Manipur.
A Bench headed by Justice Manmohan Sarin dismissed the plea by Sharmila's brother against force feeding his sister and said: "In such circumstances, the authorities would be well within their rights to take such steps as may be necessary to secure and maintain the health of petitioner's sister, Irom Chanu Sharmila, and save her life, including resorting to force feeding, in view of the provisions of section 309 IPC." Justice Sarin also directed the medical superintendent of RML hospital to submit a status report by January 23 on Sharmila's health along with her medical record from the time she was admitted to the hospital. Sharmila has been undergoing treatment at the hospital after she shifted her hunger strike from Manipur to Delhi in October. A case of attempt to commit suicide has also been registered against her under section 309 IPC. The offence carries a maximum punishment of one year, along with a fine. Opposing the petitioner's claim that Sharmila had been wrongfully detained in the hospital, counsel for state Mukta Gupta said the arrangements were motivated with an eye to her security. "She hasn't been arrested in any case, even though a case under section 309 IPC has been registered. As of now, there is no restraint on her movement except what is dictated by her health, security concerns."