New Delhi- The recent release of Former Delhi University Prof GN Saibaba, has ignited a crucial conversation on the state of political freedom in our nation. However, amidst the discourse, an often overlooked reality demands attention: the glaring inadequacies within India's prison systems, particularly concerning individuals with physical disabilities.
As of the 2019 report by the National Statistics Office, approximately 2.2% of India's population grapples with either physical or mental disabilities. On a global scale, the World Health Organization's 2011 Report on Disability indicates that 15% of the world's population faces some form of disability. Yet, there remains a dearth of data on the number of disabled individuals within the nation's prisons, highlighting a critical blind spot in our understanding of incarceration and disability.
In addition to his 90% physical disability, Dr. Saibaba has been grappling with a staggering array of health issues during his incarceration in Nagpur Central Prison. His medical conditions include Hypertrophic Cardiomyopathy with left ventricular dysfunction, hypertension, kidney stones, a cyst in his brain, pancreatic problems, and attenuation of the shoulder and arm muscles and nerves, leading to partial paralysis of his upper limbs. Shockingly, most of these ailments developed while he was in jail, further exacerbating his already dire health situation.
During the COVID-19 pandemic, the Supreme Court of India had ordered the release of prisoners to mitigate prison overcrowding. However, despite being eligible, Dr. Saibaba faced repeated rejections of his parole applications by the Jail Authorities.
These denials occurred on three occasions, depriving him of the opportunity to reunite with his family during times of profound personal loss and sorrow. The authorities' lack of empathy was especially evident when they callously refused Dr. Saibaba's parole request to mourn the passing of his mother, who had succumbed to cancer.
He was denied the chance to attend his mother's one-year death anniversary, highlighting a distressing lack of basic humanity and compassion within the prison system.
During a press conference at HKS Surjeet Bhawan at ITO, GN Saibaba opened up about the challenges he faced during his jail term. The professor had been put in jail for the last 10 years for alleged links to Maoists in India, which was never proven.
GN Saibaba is paralyzed from the waist down due to Polio. Talking about his disability, Saibaba remembered with a trembling voice, “I could not even hold a glass of water. How many years did this ordeal last? It felt like a lifetime.”
The professor turned political prisoner broke down in the middle of the crowded press conference. He was not being able to talk about the challenges nor was he being able to maintain eye contact. Brushing off the tears, the professor continued, “I went into the jail with no other health problems but polio, with which I have been dealing since childhood.”
The acquitted professor revealed that the left part of his heart is functioning at 55% capacity and has contracted ‘Hypochondria Myopathy’ during his 10 years in prison. He has been facing continuous attacks of fainting in the prison but has never been treated for the same. The only medicine he was given was painkillers.
“In 2014, when I was arrested, the police dragged me by my left hand. Even after ten years, my hand is swollen and I cannot lift it properly,” added Saibaba.
The conversation he sparked highlighted the critical need for healthcare within prison systems, particularly for the disabled population, whose bodies are already grappling with physical stress. It emphasized the essential requirement for regular health checkups, as the absence of such examinations could exacerbate the prisoners' health issues.
Saibaba asserted that he experienced muscle spasms that paralyzed him, but he alleged that no one would accompany him to see a doctor. The lack of care has led to his current conditions of gall-bladder stones and acute pancreatitis. Consequently, he now struggles to digest food properly.
Muralidharan, general secretary of the National Platform for the Rights of the Disabled (NPRD) expressed how GN Saibaba’s case was just another example of the ordeals physically challenged people go through, in the prison system of India.
“Prisons are not accessible,” asserted Muralidharan. Taking the example of the acquitted professor, he said that wheelchairs are not just a system but an extension of GN Saibaba’s body.
“He was denied the use of his body in the prison. Saibaba was unable to move about in his cell and was unable to use a toilet or wash on his own. These are actually basic violations of his right as a person with a disability.”
India is a signatory and has ratified the UN Convention on Rights of Person with disability. But these acts, according to the activist, are in violation of the convention. “Denial of a wheelchair and an assistive device amount to torture,” Muralidharan asserted.
There is a penal provision for the same as well, which amounts to six months of imprisonment. Muralidharan highlighted the irony, that the ruling government went against the ‘Rights of Persons with Disabilities Act, 2016’ which was sanctioned during the tenure of the very same government.
The government further violated the Nelson Mandela Rules of UN, which states that “the provision of health care for prisoners is a state responsibility, and that the relationship between health-care professionals and prisoners is governed by the same ethical and professional standards as those applicable to patients in the community.”
National Level- Rights of Persons with Disabilities Act, 2016
Enacted in 2016 and in force since April 19, 2017, the Rights of Persons with Disabilities (RPwD) Act encompasses vital rights:
Equal Treatment, Dignity, and Integrity
Section 3(1) mandates that the government ensures persons with disabilities enjoy equality, dignity, and respect for integrity, equivalent to others.
Rights of Women and Children with Disabilities
Section 4 requires the government and local authorities to take measures for equal rights of women and children with disabilities. It ensures children's right to express views, with age and disability-appropriate support.
Prevention of Torture and Inhuman Treatment
Section 6 directs the government to prevent torture, cruel treatment, and any research without informed consent, ensuring accessible communication and Committee for Research on Disability approval.
Protection from Abuse, Violence, and Exploitation
Section 7 outlines rescue, protection, and rehabilitation for victims of abuse, violence, or exploitation. The government is obligated to raise awareness, and individuals or organizations can inform the Executive Magistrate for necessary actions.
In cases reported to the police, victims must be informed of their rights, including protection, free legal aid, and filing complaints, along with details of the Executive Magistrate and nearby organizations supporting the rehabilitation of persons with disabilities.
Under international law, India, as a signatory to the UN Convention on the Rights of Persons with Disabilities (UNCRPD), is obliged to extend its protections to all individuals with disabilities, including those in detention.
The UNCRPD mandates authorities, including prison staff, to ensure equal treatment, reasonable accommodations, and adherence to international human rights laws. Failing to meet these provisions may constitute a breach of India's obligations.
The International Covenant on Civil and Political Rights (ICCPR) complements these rights, emphasizing humane treatment for prisoners. Additionally, India's commitment is recognized through the endorsement of the Nelson Mandela Rules in 2015, serving as a guide for fair and humane treatment within its criminal justice systems, reinforcing the global commitment to the rights and dignity of all individuals, including those with disabilities.
Muralidharan further said that Saibaba making out alive “is a miracle”. Talking about how not many political prisoners are lucky in this regard, the activist remembered Stan Swamy.
Father Stan Swamy, an 83-year-old activist who suffered from Parkinson's disease was held in Mumbai's Taloja prison, faced a denial of basic necessities—an outright violation of his recognized rights.
Arrested by the National Investigation Agency (NIA) in October 2020 on charges related to the 2018 Bhima Koregaon violence, Father Swamy sought a sipper and straw due to his physical condition.
Shockingly, his request was delayed for 20 days, and the NIA claimed they did not possess the necessary items.
Despite multiple pleas for bail on medical grounds, Father Stan Swamy passed away on July 5, 2021, the very day his bail hearing was set to take place.
According to a research paper titled ‘Assessment of Stress among Physically Challenged Prisoners: Influence of Age and Nature of Physical Challengedness’ published in 2018 by the International Journal of Indian Psychology, “physically challenged prisoners had higher levels of stress compared to the other groups.” The same signs are being exhibited by the acquitted professor.
Many would also defend the prison systems, stating that the society do not owe kind treatment to the inmates. But time and again, the judiciary has expanded on the fact that prisoners too require equal treatment.
In the 1979 case Sunil Batra vs. Delhi Administration, the Supreme Court asserted that prisoners are undeniably persons, rejecting any notion that would dehumanize them. The court emphasized that fundamental rights persist within prison walls, albeit with some limitations imposed by the nature of incarceration.
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