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

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.

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.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.