[Reader-list] pls sign the letter to the chief commissioner of disabilities on the condition of prof gn saibaba

[Asit Das]

Dear friends,
This is a letter (below) to be sent to the Chief Commissioner fro Persons
with Disabilities, drawing his/her attention to relevant issues in
Saibaba's case germane to the Commissioner's office. The letter has to be
submitted by tomorrow, so that it can be used in the bail application.
Given the urgency of the matter, it will not be possible to make any
changes to the letter. We would be very happy to carry your signature, if
you feel you can sign the letter as it stands. Please let me know by 11 AM
tomorrow.
Thanks and regards,
-- 
Dr. Karen Gabriel
Associate Professor,
Dept. of English
St. Stephen's College
Delhi University

The Chief Commissioner for Persons with Disabilities,

Ministry of Social Justice & Empowerment,

Sarojini House, 6, Bhagwan Dass Road,

New Delhi



22 May 2014



*Subject: Securing the of Rights of Dr. G N Saibaba*



Dear Sir,

As you may know, 47-year-old Gokarakonda Naga Saibaba, an Asst. Professor
in the Department of English, Ram Lal Anand College, Delhi University, is
currently being held in pre-trial detention in Nagpur Central Prison,
Maharashtra state since 9 May 2014. G N Saibaba was arrested by police in
Delhi and flown to Nagpur, Maharashtra, where a local court remanded him to
judicial custody until 23 May 2014.  He is being held under India’s
principal anti-terror legislation, the Unlawful Activities Prevention Act
(UAPA). The UAPA uses sweeping definitions of ‘acts of terrorism’ and
‘membership’ of ‘unlawful’ organizations, and does not comply with India’s
international legal obligations.

Saibaba is 90% disabled and suffers from post-polio paralysis of the legs.
He cannot move without the use of a wheelchair. He also suffers from a
cardiac condition, hypertension, and chronic and severe spinal pain. The
following are the medical ailments suffered by Dr. Saibaba:

   1. History of cardiac problems including heart attack. On medication for
      the last 10 years. He is regularly taking *Ecosprin 75*.
      2. High blood pressure and hypertension. (Medicine: *Repace 25*)
      3. Severe spinal and hip pain. (Medicine:  *Elite P*).
      4. Swelling of ligaments due to constant use of wheelchair.
      (Medicine: *Elite P*)
      5. Partial immobility of upper arms.

He requires regular medication for all of these conditions. Medication for
his various conditions was prescribed by the prison doctor and was also
provided by Saibaba’s brother Dr. Ramdev when he met Saibaba on 12 May
2014. Both Ramdev and Saibaba’s lawyer informed us that the police and the
prison authorities have refused to supply Saibaba with any medication.
Consequently Saibaba is in constant pain, and his physical condition is
deteriorating steadily.

            Furthermore, Dr. Saibaba is being held in a highly unsanitary,
solitary, ‘Unda Cell’, that is deprived of light and fresh air. The cell
has only a single small hole in the ceiling – the only source of light and
air. Saibaba also informed Ramdev that he was experiencing great
difficulty, pain and indignity while using the toilet since it is
impossible for him to use the Indian style commode. Further, he was not
allowed contact with anyone in the prison till 19 May 2014. Now two inmates
have been moved into his cell to ‘assist’ him. Consequently, the cell has
become even more cramped, unhygienic and undignified.

Visits by immediate family are limited to once a week and Ramdev was not
allowed to meet Saibaba again. However, the next day Ramdev met the Jail
Superintendent of the Nagpur jail to request him to provide Saibaba with
his medication, basic amenities and assistance. The Jail Superintendent
informed him that the Nagpur jail was not equipped to deal with Persons
with Disabilities (PWDs) let alone one with Saibaba’s acute level of
disability. He also said that he was never informed that Saibaba was a PWD,
and that too with a 90% disability. He confirmed that there was no
Western-style commode available for prisoners. Please note that the police
claim that they sought judicial custody at Nagpur because it had the
facilities for Persons with Disabilities. This is clearly and utterly
false. It appears that the police brought up Saibaba’s disability in court
only because they actually wanted him lodged in an ‘*unda*cell’, and the
closest available one is in the Nagpur jail.

Mr Ramdev apprehends that the denial of medication may prove fatal to his
brother. It is important to emphasize that in the case of Saibaba, to deny
him the basic facility that is needed for a 90 percent disabled person, and
to leave him unattended itself is severely detrimental to his well-being,
and possibly fatal. Moreover, *unda* cell confinement, denial of medication
leading to constant pain and deterioration of health, mental torment, and
denial of basic amenities, are acknowledged forms of custodial torture.

Sir, we would like to draw your attention to the following:

1.     Where a prisoner with disability requires support and assistance for
daily living, placing such a prisoner in solitary confinement and denying
the right to accessible facilities for personal care and hygiene is
violative of the right to dignity and bodily integrity – both of which are
guaranteed under Article 21 of the Constitution, *and* also Article 17 of
the UNCRPD. Article 17 of the UNCRPD states that “Every person with
disabilities has a right to respect for his or her physical and metal
integrity on an equal basis with others.”

2.     Kalpana Kannabiran in her editorial piece of 20 May 2014 titled “The
Rights of Prisoners with Disabilities” has shown that the treatment being
meted out to Saibaba is in contravention of Article 4(d) of the UN
Convention on the Rights of Persons with Disabilities (UNCRPD) which
enjoins State parties “To refrain from engaging in any practice that is
inconsistent with the present Convention and to ensure that public
authorities and institutions act in conformity with the present Convention.
Furthermore, Article 15(1) of the UNCRPD states that, “No one shall be
subjected to torture or to cruel inhuman or degrading treatment or
punishment.” Article 15(2) of the Convention places an obligation on the
state to protect persons with disabilities from cruel, degrading or inhuman
treatment and punishment. It states that, “States Parties shall take all
effective legislative, administrative, judicial or other measures to
prevent persons with disabilities, on an equal basis with others, from
being subjected to torture or cruel, inhuman or degrading treatment or
punishment.”

3.     On production before the learned Metropolitan Magistrate at Aheri
on 10/5/2014, and upon the verification of the fact that Saibaba suffers
from 90% disability, the civil court could have exercised its discretion
under the Proviso of Section 437 of the CPC which clearly states that the
court can direct a person to “be released on bail if such person is under
the age of sixteen years or is a woman or is sick or infirm”,instead of
remanding him to further custody. This is further fortified by the fact
that the police itself sought his transfer from Gadchiroli and Aheri to
Nagpur on the grounds that jail facilities there were utterly inadequate
for the special and necessary medical needs of a patient with Saibaba’s
medical complications.

4.     There has been a gross abuse of the laws of arrest and detention.
Saibaba is an experienced and respected academic. His physical condition is
such that there is no question of his escaping or fleeing justice.
Moreover, he has consistently cooperated with investigating agencies.
Therefore there was absolutely no need to arrest him, and certainly not in
the hasty, illegal and clandestine manner in which he was arrested. though
he is a dangerous criminal who has to be apprehended by use of force and
suddenly.

5.     Under such conditions he will break down mentally and physically and
may not be able to defend himself to the best of his abilities as he is
entitled to.



Given all of the above, the fact that his right to life and bodily
integrity and under threat, and in the interests of justice, we request you
to intervene immediately to ensure that the rights of Saibaba as a person
with disability are secured and protected. He must granted bail immediately.





Sincerely,