Kathmandu, Nepal (16 October 2024) – The Asian Forum for Human Rights and Development (FORUM-ASIA) expresses deep sorrow over the passing of Professor G.N. Saibaba, a renowned academic and human rights defender, who died on 12 October 2024 due to postoperative complications.

Professor Saibaba, 57, who was wheelchair-bound with a 90 per cent disability due to polio, spent a decade unjustly imprisoned under India’s draconian Unlawful Activities (Prevention) Act (UAPA) of 1967. His case exemplifies how, despite his physical vulnerability, he was disproportionately targeted and criminalised for his advocacy, shedding light on the lengths to which the state would go to silence dissent.

“His death must not be dismissed as merely a natural consequence of his illness; it is the result of institutional neglect and systemic injustice, reflecting a state apparatus that criminalises dissent and threatens the lives and dignity of perceived critics of the government,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

Unjust Prosecution under UAPA

Professor Saibaba’s arrest and subsequent conviction under the UAPA in 2014 exemplify how national security laws in India are routinely used to silence dissent and curtail the legitimate exercise of fundamental freedoms.

The charges against him–alleged links to banned Maoist organisations–were never substantiated by evidence. Yet Saibaba spent nearly a decade behind bars, violating his right to a fair trial and due process as enshrined in the Indian Constitution and the International Covenant on Civil and Political Rights (ICCPR), to which India is a state party.

The vague provisions of the UAPA were used to silence his advocacy for marginalised communities, including Dalits and Adivasis, and his criticism of state abuses. His imprisonment, especially given his severe disability, amounted to arbitrary detention under international human rights standards.

Saibaba remained incarcerated until his acquittal in March 2024, only months before his death. This was his second acquittal; he had previously been acquitted in October 2022, but the Indian Supreme Court extraordinarily stayed his release.

Denial of Medical Care and Torture in Detention

While imprisoned, Professor Saibaba’s health worsened due to the deliberate denial of medical care by prison authorities, violating India’s obligations under international health rights and the Nelson Mandela Rules. Despite his polio condition, he developed serious ailments, including heart disease and pancreatitis, during nearly a decade of incarceration without proper healthcare.

Subjected to conditions amounting to torture, including prolonged solitary confinement in ananda cell, a small, windowless cell, the only person ever held in the prison’s 90-year history. Saibaba was repeatedly denied essential medical care, causing severe and irreversible damage to his health. Saibaba’s accounts of mistreatment include instances of him being dragged by his legs and physically abused. His deteriorating health and eventual death are a direct consequence of the state’s refusal to acknowledge his right to life, dignity, and medical care, all of which are guaranteed under the ICCPR.

A similar pattern of institutional neglect and medical denial led to the death of Father Stan Swamy, an 84-year-old tribal rights defender, in July 2021. Arrested in 2020 as part of the Bhima Koregaon 16 (BK-16)—a group of scholars, activists, and lawyers—on unsubstantiated charges of Maoist links, Father Swamy was subjected to systemic neglect throughout his detention.

“His death, like Saibaba’s, exposes the state’s calculated use of imprisonment as a tool of repression, employing neglect and deprivation to silence dissent by systematically trying to break those who challenge the state’s  authority,” added Bacalso.

Criminalization of Dissent and Shrinking Civic Space

The UAPA, often justified as a  counter-terrorism measure, has become a tool for systematically targeting HRDs, including journalists and academics. The 2019 amendment, which allows for the designation of individuals as terrorists without due process, has further enabled the government to detain HRDs for prolonged periods without trial. The unabated use of this law has created a chilling effect on dissent in India, allowing the state to imprison activists indefinitely without accountability.

“Professor Saibaba’s death serves as a reminder of the human cost of repressive laws and state persecution. We call for the immediate and unconditional release of all individuals who remain unjustly incarcerated under UAPA,” further added Bacalso.

Professor Saibaba’s case is emblematic of the broader criminalisation of dissent in India, where legitimate criticism of the state or its policies is branded as ‘unlawful activity.’ His case is also indicative of the highly restrictive civic space in India, where freedoms of expression, association and peaceful assembly are under sustained attack.

Call to Action

FORUM-ASIA calls on the Government of India to immediately repeal the UAPA, which is incompatible with India’s obligations under international human rights law, and abused by the government to silence its critics.

We are in solidarity with Professor Saibaba’s family, friends, and colleagues and demand a full, independent investigation into the circumstances leading to his death, including the denial of medical care and accountability for the torture and ill-treatment he endured in prison.

India must guarantee the humane treatment of all persons deprived of their liberty, in compliance with its obligations under the ICCPR, and in line with the Convention Against Torture (CAT), the Nelson Mandela Rules, and the Bangkok Rules. These include ensuring access to adequate medical care, providing detention conditions that meet international standards, and ending the use of prolonged solitary confinement.

Professor Saibaba’s death underscores deep institutional failures and a repressive legal framework that fosters a hostile environment for dissenting voices in India. India must prioritise fostering an enabling environment where HRDs can carry out their work without fear of reprisals, including by adopting a comprehensive legal framework for their protection.

##

About FORUM-ASIA:

The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org

For media inquiries, please contact:

• Communication and Media Programme, FORUM-ASIA, [email protected]