Skip to main content

'Failing to grasp' his immense pain, would GN Saibaba's death haunt judiciary?

By Vidya Bhushan Rawat* 

The death of Prof. G.N. Saibaba in Hyderabad should haunt our judiciary, which failed to grasp the immense pain he endured. A person with 90% disability, yet steadfast in his convictions, he was unjustly labeled as one of India’s most ‘wanted’ individuals by the state, a characterization upheld by the judiciary. In a democracy, diverse opinions should be respected, and as long as we uphold constitutional values and democratic dissent, these differences can strengthen us.
Prof. Saibaba was arrested on May 9, 2014, under allegations of Maoist links by the Maharashtra police. He was granted bail on medical grounds by the Bombay High Court in June 2015 but remained incarcerated thereafter. Ultimately, he was sentenced to life imprisonment by a Sessions Court in 2017. Tragically, his medical bail petition was denied, and he was not even permitted parole to attend his mother's last rites. A brave advocate for justice, he went on hunger strikes in prison, demanding the installation of CCTV cameras, a request eventually accepted by the High Court.
On October 14, 2022, the Nagpur bench of the Bombay High Court acquitted him of all charges under the Unlawful Activities (Prevention) Act (UAPA). However, this decision was challenged by the government in the Supreme Court, which suspended the ruling and asked the Bombay High Court to reevaluate the case. On March 5, 2024, the Nagpur Bench reaffirmed its judgment and ordered the release of five others arrested alongside him.
Prof. Saibaba’s situation parallels that of Father Stan Swamy, who was similarly denied bail despite serious health issues. This reflects the growing insensitivity within our judicial system, which often seems unable to see beyond the ‘official narrative’. Lower courts frequently do not question authority, while the Supreme Court failed to advocate for the rights of a person with a disability who could have been released on humanitarian grounds. Is it fair for the law to operate on a ‘tit for tat’ philosophy? This same legal system has been known to release mob lynchers, hate mongers, rapists, and murderers without scrutiny.
Prof. Saibaba was confined in the infamous ‘Anda Cell’ in Nagpur jail, where he endured great hardship. The state apparatus understands that those committed to social justice will not yield to oppression; thus, they face not only physical torture but also mental harassment. It’s heartbreaking to consider the humiliation Prof. Saibaba faced in prison, attempting to break his spirit by denying him necessary assistance for mobility.
How can a rule-based order deny older individuals or those with disabilities their right to healthcare and assistance?
It is deeply tragic that a man who lived with integrity and humility was painted as the most dangerous individual in India. The narrative the state constructs reveals clear priorities, as they manipulate public perception. Social media, which was once thought to liberate ideas, is now wielded as a weapon, controlled by capitalists and their propaganda machinery to define who is a ‘nationalist’ and who is not. The apparent lack of sympathy for figures like Prof. Saibaba, Father Stan Swamy, or Umar Khalid among the middle class, intellectuals, and political parties underscores the atmosphere of fear and intimidation that stifles public discourse.
His wife, Vasantha Kumari, deserves commendation for her unwavering support and commitment to fighting for his rights. It is individuals like her who inspire hope. Prof. Saibaba has finally regained his freedom, living without the shackles of state oppression. The deaths of both Prof. G.N. Saibaba and Father Stan Swamy expose the failures of the Indian political class and judiciary. Political parties have largely remained silent, and the judiciary has been unable to rise above the narratives propagated by the right-wing ecosystem, which often fails to acknowledge the aging population and their health issues.
How can a rule-based order deny older individuals or those with disabilities their right to healthcare and assistance? While one need not agree with all perspectives, as citizens of a nation governed by a Constitution founded on principles honoring our most marginalized populations, we must demand that the state and its institutions exhibit sensitivity toward women, the elderly, and the physically challenged. Every individual has the right to a fair defense in court, and it is the state’s responsibility to ensure a level playing field that allows people to present their case.
Prof. G.N. Saibaba, like Father Stan Swamy, fell victim to an insensitivity ingrained in our state system, where the process itself becomes a form of punishment. He is free now, but will his death awaken our system’s conscience, or will it continue to harm individuals through its processes and procedures?
---
*Human rights defender

Comments

TRENDING

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman*  On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan*  (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat*  Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

This book delves deep into Maoism's historical, social, and political dimensions in India

By Harsh Thakor*  "Storming the Gates of Heaven" by Amit Bhattacharya is a comprehensive study of the Indian Maoist movement. Bhattacharya examines the movement's evolution, drawing from numerous sources and showcasing his unwavering support for Charu Mazumdar's path and practice. The book, published in 2016, delves deeply into the movement's historical, social, and political dimensions.

Ideological assault on dargah of Sufi Saint Khwaja Moinuddin Chishti will disturb pluralistic legacy: Modi told

Counterview Desk Letter to the Prime Minister about "a matter of the utmost concern affecting our country's social fabric": *** We are a group of independent citizens who over the past few years have made efforts to improve the deteriorating communal relations in the country. It is abundantly clear that over the last decade relations between communities, particularly Hindus and Muslims, and to an extent Christians are extremely strained leaving these latter two communities in extreme anxiety and insecurity.

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”