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The silent crisis plaguing India’s prison system

In recent years, the health of political prisoners across India – from scholars to activists – has severely deteriorated in custody and some have even died as a result. This human rights issue reveals a systemic failure and demands immediate attention and reform.

The death of G.N. Saibaba, a 90 per cent physically disabled human rights defender, marks another tragic chapter in India’s handling of political prisoners.

Saibaba, who passed away shortly after a gallstone removal surgery, had endured years of inadequate medical care despite his severe disabilities.

From the moment of his arrest in 2014, when his wheelchair was damaged and he suffered injuries that left his arm immobile, to repeatedly being denied medical bail, Saibaba’s story points to the harsh reality of being a disabled prisoner in India.

His case draws attention to a broader pattern of prisoners – particularly those held under the Unlawful Activities (Prevention) Act (UAPA) – experiencing prolonged detention in prisons ill-equipped to handle disabled inmates and with limited access to healthcare.

The UAPA’s staggeringly low conviction rate of under 3 per cent is partially to blame for this, seeing the majority of those accused spend years in prison awaiting trial, with minimal chance of bail.

Creating a perfect storm for negligence and rights violations, a 2019 amendment further complicated matters by allowing individuals to be regarded as terrorists without due process.

Additionally, while the 2013 Model Prisons Act attempts to address prison conditions, it fails to adequately protect disabled prisoners’ rights beyond basic segregation in lodgings.

This legislative oversight has led to inadequate medical care, untrained staff, and facilities that do not meet basic accessibility standards.

The gravity of the situation has been highlighted by multiple incarcerated activists who have shown resilience in the face of oppression.

These include Sudha Bharadwaj, who has raised concerns about women prisoners and the lasting trauma of incarceration following her release; Umar Khalid, who has spoken about his struggle against bitterness in solitude; Stan Swamy, who has called for truth-telling despite the consequences; and Shoma Sen, who has written about the warping of time in prison and the psychological toll of ’24 hours of clock time’ meaning ’24 months in judicial time.’

The collective testimonies of these prisoners, including powerful statements from Varavara Rao and the jointly authored piece by Sudhir Dhawale, Rona Wilson, Surendra Gadling, and Mahesh Raut, speak to a larger crisis in India’s justice system.

Their experiences highlight how the intersection of political persecution, inadequate healthcare, and systemic discrimination puts marginalised groups at higher risk, including disabled individuals, gender minorities, and DBA communities.

The death of multiple prisoners under similar circumstances represents systematic failures that cannot be dismissed as isolated incidents.

As these human rights defenders continue to face harsh conditions in custody, it’s clear that the balance between national security concerns and human rights needs confronting.

Bringing about reform extends beyond mere policy changes to a fundamental rethinking of how justice is administered in a democratic society.

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