Stan Swamy Case: Human Rights violation?

Stan Swamy was born on 26th April 1937 in Trichy situated in the state of Tamil Nadu. Popularly identified as a tribal rights activist who was allegedly charged in the Elgar Parishad case in specific that surfaced up and was subsequently shifted to a hospital run by private authorities in the city of Mumbai. Being an enthusiast activist who was grounded in Jharkhand effectively functioned for the concerned state for a period of three decades on issues that deal with various communities including the Adivasis and their rights. It further involved a detailed questioning session targeting the non-implementation of the Fifth Schedule of the Constitution that helped in the stimulation of a Council (Tribes Advisory Council).

This artice was submitted by Priyadarshini Goenka

Addressing one of the statements that came into the vision wherein the NIA admitted him into their care after which Swamy questioned the “indiscriminate” arrests of the youth that comprised of Adivasis and moolvasis viewed as “Naxals”. He eventually took to the filling of a PIL (Public Interest Litigation) before the High Court asking for the release of all the undertrial prisoners and the appeal of an immediate trial. Accordingly, the NIA decided to intervene in the investigation process in the Elgar Parishad/ Bhima Koregaon case that formulated an allegation wherein all the suspects had interconnection with the debarred CPI (Maoist).

A Series of Pre-Planned things that evoked quick concern in the lines of justice

NIA had carried out the arrest of Swamy from Ranchi on 7th October and later transferred him to Mumbai but refused to seek his custody arises questions on injustices served to him. NIA made baseless claims like the very fact he was a convenor related to the Persecuted Prisoners Solidarity Committee (PPSC), a frontal association of Maoists. He was put behind bars for over eleven months with 15 other people wherein he suffered violations of his right to health as per Article 12 of the International Covenant on Economics, social and Cultural Rights, the right to live with dignity under Article 6 of the International Convention on Civil & Political Rights. Additionally, the UN Standard Minimum Rules that take into consideration the Treatment of Prisoners that bore no such importance regarding his case and his co-accused never began nor had plans to implement the same

The demise of Stan Swamy in the light of judicial custody has exerted a strain on the country’s human rights data records, a UN rights expert said on Thursday. Swamy was imprisoned last October based on “fabricated terrorism charges” and was imperiled to various forms of “harassment” and “recurrent cross-examination” as stated by Mary Lowlor the UN special rapporteur. His constant requests for a drinking straw and warm winter clothing were subsequently deprived of. Consequently being destitute of basic life facilities he contracted covid-19 in the prison and was subjected to extreme ill-treatment. Furthermore, the National Investigation Agency put forward its part of data since the Unlawful Activities (Prevention) Act (UAPA) in response to his temporary bail had put forward its invocation.

One of the basic questions that evoked insights of discernment concerning various health care measures in respect to the rights of prisoners that has been explained specifically in Rule 24 of the Nelson Mandela Rules that envisages the respective health care provisions that are primarily concerned with the right to effective health services that are ensured to all individuals living in the country and are granted access to similar standards of health care facilities. However, in case a prisoner isn’t allowed to entree to similar standards of the required health care facilities then he would be imperiled to extreme biases that operate in equal access to healthcare.

Aftermath: Chief Minister pays his last tribute for Swamy’s effortless service to the tribal community

The state of Jharkhand has never been deprived when it comes to acknowledging the sacrifices of the tribal icon Birsa Munda or Stan Swamy who continues to reside in the hearts of mankind for their irreplaceable contribution towards the society and its people stated by the CM himself. Hemant Soren took to Twitter whereby he put up allegations on the central government’s accountability for the out-and-out apathy towards Swamy. He was in shock when he learned the demise of Stan Swamy, the only one who dedicated his entire life working for tribal rights.

Thousands of individuals including activists, political party leaders, and the general public have taken the help of social media to ensure their part of a tribute to all the tribal rights activists including Stan Swamy who passed away at the age of 84. Eventually, he was transferred to a private hospital in May after reports stated he contracted Covid in prison. He later died of cardiac arrest in the western city of Mumbai.

The strain on India’s records of human rights: UN Experts bring out the seriousness of the issues that arose on account of his death

A UN expert dealing in human rights stated that she was devastated on knowing the decease of Stan Swamy who was in custody that there weren’t any specific reasons concerning human rights that consistently denied his basic rights. He was subjected to imprisonment the last year under the Unlawful Activities (Prevention) Act that exists in connection with the Elgar Parishad-Moist links and the ultimate death at a Mumbai hospital on 5th July of the month. Our country has been an ardent follower been consistently committed to the advancement and fortification of human rights and the nation’s democratic polity being complemented by an independent functioning judiciary and a wide range of national and state-level human rights commissions.

The prevalent status quo that had surfaced up

Office of International Religious Freedom is known for its overall promotion of worldwide standards of peace and universal respect ensuring various religious freedoms that consist of the core objective focusing on US’s foreign policies that help monitor separate issues. The aforementioned statement is visioned by the UN Special Rapporteur dealing with Human Rights Defenders Mary Lawlor and EU Distinct Demonstrative for Human Rights. Additionally, the United States Commission on International Religious Freedom has pointed to the issues of‘ deliberate neglect’ and ‘targeting ‘by the Central government that subsequently led to his ultimatum.

The Ministry of State affairs has shocked the practical world by rejecting similar claims issued in form of statements and has envisaged that a country like India prioritizes its citizens wide enough to ensure their respective preferment and fortification in matters of human rights that are currently in concern thereby complimenting the comprehensive democratic policies that attribute towards the commitment of an independent judiciary at the extent of both national and state-level human right commissions.

While the news relating to the trial of Swamy continued for few more days, the rest of the world desperately waited for his release. In addition to all the tension and agitation, he was experiencing a condition that seemed weak but constantly retained his reflective spirituality and spirit of positivity. His communications with the outside world were placed under close surveillance and each of them motivated him to write a touching poem that evoked hearts.

Despite the worsening conditions, his spirits kept fighting. Meanwhile, the virtual world was busy protesting for such an illegal arrest and constantly demanded his immediate release. On 18th December a letter was addressed to Prime Minister Narendra Modi, wherein more than 20 European Parliamentarians quoted: ‘The undersigned, Members of the European Parliament (MEP) thereby expressing their grave concern regarding his status of detention and imprisonment alongside 10 other human rights defenders in accusations of being connected with the Bhima Koregoan case under the Unlawful Activities Prevention Act.