(IN)HUMAN RIGHTS

It’s a weekend and you’re wondering how you should spend your time. Maybe go out with friends , or maybe just stay in and read something, or maybe just be locked up in a prison cell. What’s wrong? The last one sounds odd ? Is it not how many people are spending their weekends or maybe everyday of their lives ?

Stan Swamy , 84 year old Jesuit priest, Tribal rights activist based in Jharkhand ,suffering from Parkinson’s disease , died a few days back after being on ventilator for 2 days. He had been lodged in Tihar jail since a year under the stringent charges of UAPA [ Unlawful Activities (Prevention) Act ]. Since he was suffering from Parkinson’s disease , it became difficult for him to carry on his normal day to day activities. It took NIA 50 days to render his request for a sipper and a straw. Yes 50 days. For a straw and a sipper.

Stan Swamy , had worked for Adivasi community and their land and labour rights for decades. He had also questioned the non implementation of 5th schedule of constitution which had led to setting up of Tribes Advisory Coucil with members solely of adivasi communities. He had also raised his voice against indiscriminate arrests of thousands of young adivasis and labelling them as “Naxals”.

Stan Swamy was arrested last year in relation to the Bhima Koregaon case along with many other activists.A brief context to the case – on January 1, 2018 , thousands of Dalits had gathered in Pune to commemorate 200 years of the Battle of Bhima Koregaon — which was won by the British Army (comprising many Dalit soldiers) against Peshwas in 1818.The quiet gathering soon turned violent with many activists being blamed for having instigated and having Maoist links with CPI( M ).

Cartoon 173: Hunger Strike in Iran – Center for Human Rights in Iran

After contracting the corona virus, which further added to his derailing health , he was admitted in the hospital but lost the battle of life before even trying to win the battle of justice.

Human Rights lately sound like a hoax. Despite the fact , that India has Rights of Persons with Disabilities Act ,2016 which protects disabled convicts of torture and discriminatory behaviour in prisons , Stan Swamy was not provided the very basic facilities . India is also signatory to UNCRPD – UN Convention on Rights of Persons with Disabilities, which imposes positive obligation on authorities,including prison staff to ensure that the disabled prisoners are treated equally.

Sudha Bhardwaj, prominent activist , lawyer from Chhattisgarh , also is logded in jail since 2018 in relation to the Bhima Koregaon case and has been refused bail multiple times.

Umar Khalid , activist and former JNU student is also locked up in jail in relation with Delhi riots case under stringent UAPA .

Recently , Pinjra Tod activists, Natasha Narawal and Devangana Kalita were finally released on bail after spending a year in jail. What is most worrisome regarding these cases and many others , is that people have been deprived of their basic fundamental rights. Supreme Court in many of its past judgments has reiterated the right of the accuse of BEING HEARD. Every accused in considered innocent unless proven guilty. And for that purpose BAIL is a very integral part of the process. Bail is the norm , Jail is exception.

How beautiful the sky is , how melodious is the chirping of the birds, how fun it is to catch up with friends at that chai ki dukaan , and how peaceful freedom is. Sadly for some, it’s just a dream.

Who was Father Stan Swamy

The news headlines today are echoing with the death of Stan Lourduswamy aka father Stan Swamy, an accuse in the Bhima Koregaon violence who was jailed under the UAPA in the Elgar Parishad Case and died a custodial death on July 5, 2021 at the age of 84. Several people are stating his death to be an “institutional murder” and the fact that despite him suffering from Parkinson’s disease and being admitted in the hospital his bail plea on “medical grounds” was rejected, has irked the people world over. Even the Human Rights Commission of the UN has expressed anguish over Father Stan’s custodial death.

The opposition leaders have addressed a joint letter to the President Of India, urging him to investigate Father’s death. The blog will update you about the reason of his conviction.

What was the Elgar Parishad Case

On December 31, 2017 a conference named Elgar Parishad was held to commemorate the 200th anniversary of Bhima -Koregaon battle which was the battle won by Mahars for the first time against the “high caste” Marathas by siding with the Britishers in 1818, where nearly 35,000 caste people were gathered. On 1st January, in an inter caste violence a man was killed which led to the Dalit agitations being spread in the entire state. The organizers of the conference were arrested for spreading the violence further and their actions are being linked to the maoist activities.

Father Stan , a Jesuit priest and a tribal activist was arrested by the National Intelligence Agency under UNLAWFUL ACTIVITIES PREVENTION ACT(UAPA) due to his links with the Communist Party of India(a maoist party) which is claimed to have further aggressed the violence. However, it was reported that months after his arrest , the NIA was yet to file charges against him. Reports claimed him to be the frailest among all those who were arrested for the Bhima – Koregaon violence.

10 opposition leaders wrote a join letter to the President of India seeking investigation in what is claimed to be a framed “institutional murder”. The letter was signed by Congress President Sonia Gandhi, Former Prime Minister HD Deve Gowda , chief Ministers Mamta Banerjee, MK Stalin and Hemant Soren along with several left leaders. In May this year, Father was infected for covid-19 and the disease was not detected until his condition went a bit severe and he was transferred to Holy Family Hospital in Mumbai. He died due to cardiac arrest in the very same hospital at 1.29 pm on July 5.

It is reported that during Father Stan’s last appearance before the Bombay HC through video conferencing in Taloja jail, he said that he did not want any treatment but to die in his beloved Ranchi where he had spent a major period of his life advocating for the Tribal Rights. His last rites are to take place in a Bombay church tomorrow. His family in Tamil Nadu and his wide number of admirers will be participating in the mass through online means keeping in mind the covid-19 protocols. He is remembered fondly as one of those who inspired everyone with his strength and integrity despite his frail health.