The health condition of Prof G.N. Saibaba’s whose is now in the Anda Cell of Nagpur Central Jail is in very precarious stage.
Apart from his physical disabilities, he is suffering from acute pancreatitis and impacted gall bladder-stones. He has been advised immediate surgery for gall bladder just one week before his conviction by an hospital in New Delhi. He was under pre-operative treatment when he was convicted and immediately incarcerated. Pancreatitis is a life- threatening and acutely painful condition.
Instead of providing the necessary lifesaving treatment to Prof Saibaba, the jail staff have refused even to let him be attended by the jail doctor. Apart from pancreatitis, Prof. Saibaba has a serious heart condition.
The Jail authorities are not providing any medical support. In addition, a false and dubious medical report is being under preparation. Even though his blood pressure (BP) records abnormal, in the jail medical records it was being reported as normal.
The previous health problems like stones in kidneys, chest pain, breathlessness were aggravated in addition to gall bladder and pancreatic pain. Due to Prostate problem he is unable to pass urine. His shoulder nerves have weakened further. His health is much deteriorated in the jail.
He was advised by Rockland hospital for review of pancreas problem and for new course of medicines. So far no such review was done in the Jail. As per the doctor advises he must take two tablets daily for heart problem and other medicine for pancreatic pain. Both these medicines are not given to him. The medicines given by the family members and the advocates are taken and kept with them by the Jail authorities and are not given to Saibaba.
In the last one month, itself, he was fallen unconscious twice in the jail. He suffered with heart palpitations, chest pain and severe pancreatic pain. Neither the jail authorities nor the Government of Maharashtra nor the Central Government responded positively on his health condition. Prof. Saibaba’s vital organs are now so severely getting damaged due to lack of proper medicines and treatment and leading to collapse.
On first June 2017, a representation has been submitted to the NHRC Registrar (Law) Shri Ashok Kumar Koul by a delegation comprising Ms.Nandita Narain, President of Delhi University Teachers Association, Kalyani Menon Sen, feminist activist (WSS) and Secretary of the National Platform for the Rights of the Disabled, Mr. Muralidharan and Mrs. Vasantha, Wife of Dr. G.N. Saibaba.
Bringing all this and much more facts before the NHRC, the delegation sought to impress upon the Registrar Mr. Ashok Kumar Koul that the current conditions in which Prof. Saibaba is being held are violative of his right to life, dignity, equality, protection of torture, cruel, inhuman and degrading treatment, non-discrimination and right to health. The memorandum also pointed out that India is a signatory to 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 (Also known as the Nelson Mandela Rules), all of which reaffirm the right to life with dignity of prisoners. As Prof. Saibaba is a person with disability, the UNCRPD, which India also ratified, as well as the recently passed Rights of Persons with Disabilities Act, 2016 (RPD Act), which was enacted to fulfil India’s obligation under the afore-mentioned convention, are wholly applicable to his case.
They therefore appealed to the NHRC to intervene to see that Prof Saibaba be given bail on medical grounds, and immediately shifted to a hospital where he can be operated on under the supervision of doctors who have expertise in dealing with his severe disabilities. His need for medical attention is imperative and most pressing and its denial will be the ultimate violation of his right to a dignified life and right to healthcare amongst other fundamental rights. Shri Koul has assured to act upon the complaint.