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

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.