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Stan Swamy: The last straw

Last Updated 30 November 2020, 20:28 IST

It is an indictment of our society and the system of justice that no decision could be made on providing a straw and a sipper and winter clothes to an ailing 83-year-old person who has been in jail for about two months, and has been asking for them all these days. Stan Swamy, a Jesuit priest and tribal rights activist based in Ranchi, was arrested by the National Investigation Agency (NIA) on the charge that he is a member of the banned Communist Party of India (Maoist) and was involved in a conspiracy to instigate caste violence in the Bhima Koregaon village near Pune in 2018. He is being held under the draconian UAPA and has been denied bail. He suffers from Parkinson’s disease and cannot hold a glass in his hand. Ever since he was taken to jail, he has asked for a straw and sipper which he had in his bag when he was arrested. These have not been given to him. The Special NIA court in Mumbai rejected Swamy’s petition for use of a sipper and straw, and a new petition is to be heard on December 4.

The refusal to provide a basic need to a seriously debilitated old man, and to keep his request for it moving from one authority to another without a decision being made, is inhuman. A person held by the police on any charge, however serious, has his legal rights and the court and the State have the responsibility to respect them. In Stan Swamy’s case, it is a basic human right that is being denied, and that literally must be the last straw on the back of the human rights camel. It demeans our humanity and challenges our claim to civilised conduct. What is the crime that Swamy has committed that he cannot be allowed the use of a straw and sipper? Under what law are the authorities acting in this fashion? The NIA has washed its hands off the issue, but the officers responsible for such inhuman conduct should be awarded exemplary punishment for violation of human rights. The Supreme Court, which is the protector of citizens’ rights, should take note of it and act on the matter. It will be unfortunate if such a denial of rights could happen under its watch.

The jail authorities told the Maharashtra state human rights commission that Stan Swamy has been provided a sipper. It turned out to be wrong. But it correctly said that he has been given a wheelchair, a walking stick, a walker, battery cells for his hearing aid, and the services of a psychiatrist. Such is the man accused of waging war on the Indian State, and such are his weapons.

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(Published 30 November 2020, 20:02 IST)

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