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

From algorithms to exploitation: New report exposes plight of India's gig workers

By Jag Jivan   The recent report, "State of Finance in India Report 2024-25," released by a coalition including the Centre for Financial Accountability, Focus on the Global South, and other organizations, paints a stark picture of India's burgeoning digital economy, particularly highlighting the exploitation faced by gig workers on platform-based services. 

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Fragmented opposition and identity politics shaping Tamil Nadu’s 2026 election battle

By Syed Ali Mujtaba*  Tamil Nadu is set to go to the polls in April 2026, and the political battle lines are beginning to take shape. Prime Minister Narendra Modi’s visit to the state on January 23, 2026, marked the formal launch of the Bharatiya Janata Party’s campaign against the ruling Dravida Munnetra Kazhagam (DMK). Addressing multiple public meetings, the Prime Minister accused the DMK government of corruption, criminality, and dynastic politics, and called for Tamil Nadu to be “freed from DMK’s chains.” PM Modi alleged that the DMK had turned Tamil Nadu into a drug-ridden state and betrayed public trust by governing through what he described as “Corruption, Mafia and Crime,” derisively terming it “CMC rule.” He claimed that despite making numerous promises, the DMK had failed to deliver meaningful development. He also targeted what he described as the party’s dynastic character, arguing that the government functioned primarily for the benefit of a single family a...

Over 40% of gig workers earn below ₹15,000 a month: Economic Survey

By A Representative   The Finance Minister, Nirmala Sitharaman, while reviewing the Economic Survey in Parliament on Tuesday, highlighted the rapid growth of gig and platform workers in India. According to the Survey, the number of gig workers has increased from 7.7 million to around 12 million, marking a growth of about 55 percent. Their share in the overall workforce is projected to rise from 2 percent to 6.7 percent, with gig workers expected to contribute approximately ₹2.35 lakh crore to the GDP by 2030. The Survey also noted that over 40 percent of gig workers earn less than ₹15,000 per month.