Avinash, The issue not only concerns Prof Saibaba. This issue should be seen in a more generic manner.
I have been invited to be a Resource Person during trainings of the officers of correctional homes at RICA ( Regional Institute of Correctional Administration) here in Kolkata few times - the situation within correctional homes are really bad, many of the officers give their honest feedback. So I have first hand information that there are not just 1-2 cases but quite a few disabled inmates who are imprisoned for various reasons. As far as I know, the disability groups also have little work in this area. Though I remember HRLN did some research work on rights of prisoners with disabilities. This is an area which needs intervention. With regards Shampa Sengupta On Tue, May 20, 2014 at 11:52 AM, avinash shahi <[email protected]>wrote: > Certainly, Dr GN Saibaba Who is suffering from 90 per cent locomotor > disability must be treated with dignity by the police. Very timely > piece written by Prof Kannabiran Thank you for sharing. > > On 5/20/14, Sruti disAbility Rights Centre <[email protected]> wrote: > > > http://www.thehindu.com/opinion/op-ed/the-rights-of-prisoners-with-disabilities/article6026129.ece > > > > Where prison facilities are not equipped to deal with the specific needs > of > > persons with disabilities, arrest and detention in custody should be a > > measure of last resort > > We have a slew of cases around prisoners' rights that emphasise their > right > > to dignity and their right against cruel and degrading punishment, which > > have been understood to violate the right to life, guaranteed by Article > 21 > > of the Indian Constitution. In complying with the standards set out in > > constitutional jurisprudence on this matter, the offence for which the > > person has been apprehended or convicted is immaterial. The standard is > > clear. No person shall be subjected to degrading, inhuman or cruel > > punishment that is violative of human dignity; the duty of care to be > > exercised in this matter during pre-trial custody is of a much higher > > order. These are standards applicable to all custodial situations and to > > all persons, irrespective of caste, sex, race, religion, or place of > birth. > > *Treatment in custody* > > The Veena Sethi case in the early 1980s brought to light the treatment of > > prisoners with mental illnesses and their prolonged incarceration for > > periods ranging from 16 to 30 years in custody. This is far in excess of > > sentences given to them in most of these cases, without bringing them any > > substantive relief beyond release from illegal custody and transport and > > food expenses till they reached home. That was long before there was a > > consciousness or political articulation of the rights of persons with > > disabilities, which, importantly today, includes civil and political > rights > > for prisoners with disabilities. > > We have seen some reports on the arrest of Dr. G.N. Saibaba and the > > conditions under which he is being held in custody. The fact that needs > > close and urgent examination here is not whether he has Maoist "links" or > > whether he is a "sympathiser" or even whether a university professor can > be > > harassed in this manner (although we must separate his troubles in the > > university from his treatment by the officers of the criminal justice > > system.) What needs our immediate attention is even more fundamental: as > a > > person with disabilities who requires constant assistance and support, > what > > are the standard minimum rules that must temper the decision to take him > > into custody, in order that the treatment meted out to him is not > construed > > as cruel, degrading and inhuman? > > It would be useful for the authorities who have taken Dr. Saibaba into > > custody to be informed of India's commitment to the UN Convention on the > > Rights of Persons with Disabilities (UNCRPD). Article 4(d) enjoins States > > Parties "to refrain from engaging in any act or practice that is > > inconsistent with the present Convention and to ensure that public > > authorities and institutions act in conformity with the present > > Convention." What are the specific protections for persons with > > disabilities in relation to state custody? Article 15(1) of the UNCRPD is > > immediately relevant: "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 > > says, "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." > > The norm of substantive equality, well established through constitutional > > jurisprudence in India, speaks of the principle of equality that > > necessarily includes special treatment for persons who are vulnerable. > The > > denial of special provisions, appropriate assistance and specialised > health > > care access to a person with disabilities in custody, who uses a > wheelchair > > and has special health care needs arising from chronic illness, comes > > firmly within the meaning of degrading, inhuman and cruel treatment in > > derogation of the state's obligation under the UNCRPD. > > Particularly 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 guaranteed under Article 21 of the Constitution, but also under > > Article 17 of the UNCRPD. The latter simply and pertinently states that > > "every person with disabilities has a right to respect for his or her > > physical and mental integrity on an equal basis with others." > > The Rights of Persons with Disabilities legislation that ought to set out > > these standards in clear and unequivocal terms has been ever in the > making > > in India. The absence of specific legislation, however, need not deter us > > from the path of justice. Article 14 of the Constitution that sets out > the > > substantive right to equality before law, and Article 21 that sets out > the > > framework for the right to life (with dignity) -- as it specifically > applies > > to prisoners -- should at this time be read with the UNCRPD which India > has > > ratified. This is till the time that we put in place policies and > national > > legislation that mandatorily provide for special services and basic needs > > that prisoners with disabilities might require, and prioritise the > > conditional and compassionate release of prisoners with high support > needs. > > *Vulnerability of women* > > Recognising the vulnerability of women in custodial situations, the > > Criminal Procedure Code (CPC) provides very different standards for their > > involvement in criminal investigation. There are also special standards > for > > the treatment of women prisoners and pregnant women in custody. The > demand > > for treatment that is sensitive to the rights of persons with > disabilities > > to dignity and physical integrity and to their specific needs is > therefore > > not unprecedented. Where prison and custodial facilities are not equipped > > at all to deal with the specific needs of persons with disabilities, > arrest > > and detention in custody should be a measure of last resort, clearly not > > the case where Dr. Saibaba is concerned. The investigating authorities > must > > release him from custody forthwith and carry out any investigations they > > may require, without infringing on his right to human dignity and > > fundamental freedoms, and in full compliance with the CPC, the > Constitution > > and the UNCRPD. > > *(Kalpana Kannabiran is Professor and director, Council for Social > > Development, Hyderabad* > > > > __._,_.___ > > > > > > Register at the dedicated AccessIndia list for discussing accessibility > of > > mobile phones / Tabs on: > > > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > > > > Search for old postings at: > > http://www.mail-archive.com/[email protected]/ > > > > To unsubscribe send a message to > > [email protected] > > with the subject unsubscribe. > > > > To change your subscription to digest mode or make any other changes, > please > > visit the list home page at > > > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > > > > Disclaimer: > > 1. Contents of the mails, factual, or otherwise, reflect the thinking of > the > > person sending the mail and AI in no way relates itself to its veracity; > > > > 2. AI cannot be held liable for any commission/omission based on the > mails > > sent through this mailing list.. > > > > > -- > Avinash Shahi > M.Phil Research Scholar > Centre for The Study of Law and Governance > Jawaharlal Nehru University > New Delhi India > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, > please visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of > the person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
