Below is an appeal to authorities from A.S. Vasantha Kumari (Saibaba’s wife) for Professor Saibaba’s transfer to Cherlapalli Central Jail, Hyderabad so that he can receive urgent medical care for his life threatening medical conditions. Saibaba was recently examined by Dr. M.F. Gopinath, an Interventional Cardiologist, who confirmed that Saibaba suffers from numerous serious ailments that the Nagpur jail is not equipped to treat.
Saibaba’s imprisonment and the Indian government’s continued refusal to provide him with proper medical care are indicative of the rise of fascism in India. Intellectuals and members of civil society are being framed and arrested across the country. Saibaba’s arrest and conviction was a landmark case in criminalizing dissent and the policing of thought in India. This practice is now being expanded on a broad scale with the recent UAPA (amendment) bill which criminalizes thought itself and provides the government with broad sweeping power to declare anyone a terrorist and to arrest and imprison people without proof of any crime. This law hearkens back to the infamous Rowlatt Act of 1919 by which the British Colonial Government could imprison any person in British India for two years without trial if they were “suspected of terrorism.”
In addition to openly fascist laws like the UAPA (amendment) bill, since their reelection, the BJP has been more brazen than ever in sponsoring Hindutva and mob lynching. The recent lynching of Tabrez Ansari is but one example of the fascist reign of terror that the Modi-Shah-Bhagwat clique—and their corporate sponsors like Adani—have unleashed on the people of India. In these dire times the people of India and the people of the world need to rally in opposition to the fascist government in India. International outcry is rising against the daily atrocities committed by the BJP/RSS government, and their all-out war on the people.
In this situation, the U.S. Free Saibaba Coalition is organizing to unite democratic and anti-fascist groups and individuals in opposition to the openly fascist Hindutva government in India. The U.S. government has a close relationship to the government of India, and there is an important role for us to play here to support this struggle. This Indian government is furthering the open dictatorship of capital over the people. It is facilitating the pillage and plunder of the country domestically while endorsing wholesale looting by multi-national corporations. It is launching attack after attack on the oppressed people of India. While the present moment is dark, the people of India and the world can and must unite in the anti-fascist struggle against the Modi-Shah-Bhagwat clique and their corporate sponsors.
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Transfer of my husband Dr. G.N. Saibaba from Nagpur Central Jail, Nagpur to Cherlapalli Central Jail, Hyderabad, Telangana State
I, A S Vasantha Kumari, wife of Dr. G. N. Saibaba (who is 90% disabled and wheelchair bound & Assistant Professor in Delhi University), would like to represent my distress and grief to your kind notice on the present health issues being faced by my husband in Nagpur Central Jail who is under solitary confinement from last two years due to life imprisonment pronounced by the Gadchiroli Sessions Court. The judgment allegedly failed to point out a single instance in which Dr. G.N. Saibaba was a conspirator. His appeal for suspension of conviction is pending before the Nagpur Bench of the High Court of Bombay, Maharashtra.
His application for bail on medical grounds seeking emergency relief of release was dismissed by the Nagpur Bench of the High Court of Bombay. Due to the absence of adequate medical treatment, he is suffering relentless pain because of aggravation of his ailments and his fast deteriorating health has made his condition absolutely critical.
As, I brought to kind your notice his health condition from then is much deteriorated as he is suffering from 19 different health issues like cardiac problem, stones in Kidneys, left shoulder brachial plexopathy, severe back-ache due to abnormally curved spine (scoliosis) during his stay in the jail, Anterior Horn Cell Disease, Fatty liver, Sleep Apnea, acute pancreatitis with cholelithiasis with sludge in distal CBD, gall-bladder stone, rotator cuff injury and fatty degeneration of rotator cuff muscles. A recent C.T. scan report has indicated a cyst in the brain etc. As a new development, he is unable to digest the food he is taking. Very often he is suffering from high fever and falling unconscious.
The Nagpur Government Medical College doctors advised physiotherapy on a daily basis. But it is very difficult for Dr. G.N. Saibaba to attend at the hospital since he is unable to shift by himself from the wheelchair to the bed and back and also due to unavailability of security personnel. Nagpur Governmental Medical College doctors also advised use of six pillows, hot and cold packs along the back. But so far, the Jail authorities did not provide any of these.
He is suffering from 24 hours with severe pain in the left hand and abdomen and back. He can’t even fetch one spoon of rice with right hand also because of his illness. Even daily chores he needed two helpers round the clock.
After the Nagpur High Court Bench rejected his bail application, the food previous provided by the jail authorities have been withdrawn. They stopped giving milk, egg, etc. Day by day his health is deteriorating rapidly.
I would like to bring to your kind notice that, as per the International Covenant on Civil and Political Rights (ICCPR), UN Convention on the Rights of Persons with Disabilities (UNCRPD) and the UN Resolution 70/175 on Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), all of which reaffirm the right to life with dignity of prisoners. The Nelson Mandela Rules specifically state that the provision of health care of prisoners is a state responsibility, and that prisoners “should enjoy the same standards of health care that are available in the community” without discrimination.
Further, UN experts had urged to release Dr. G.N. Saibaba on health grounds and had stated that “any denial of reasonable accommodation for people with disabilities in detention is not only discriminatory but may amount to ill-treatment or even torture. In particular, solitary confinement should be prohibited when the conditions of prisoners with disabilities would be made worse by this measure.”
The honourable Supreme Court of India upheld the “right to health care” as an essential ingredient under Article 21 of the Constitution in its judgement Pt. Parmanand Katara Vs Union of India & Ors (1989) 4 SCC 286. The honourable Supreme Court also delivered judgements to transfer of prisoners to their native States where parents are living.
Under the severe health problems being faced by my Husband Dr. G.N. Saibaba, I request your excellency, to transfer my husband Dr. G. N. Saibaba from Nagpur Central jail, Nagpur to Cherlapalli Central jail, Hyderabad as his mother is living along with her younger son’s family. My mother-in-law is a senior citizen of age above 74 years. We have no relatives or known people at Nagpur and hence became very difficult to visit him. All our family members are living in Hyderabad. If Saibaba is transferred to Hyderabad Jail, we can extend our moral support to him by visiting at the Hyderabad Jail. As the family members are living in Hyderabad, Telangana, as per the existing provisions of the law, I request your excellency to transfer the convicted person to state where the family is living. At the same time, medical support can be extended to him at Hyderabad as there are many Government hospitals available with required facilities. My husband needs a comprehensive medical treatment because of his critical condition.
The Transfer of Prisoners Act, 1950, The Prisoners Act, 1900 and Article 226 of the Constitution of India for inter-state transfer and several Supreme Court Judgements on the convicts are entitled to transfer if sending and receiving states agree. Please save my husband’s life.
I request your Excellency, kindly pass on the necessary instructions to the concerned authorities.
Thanking you.
Yours sincerely
A.S. VASANTHA KUMARI