Stanislaus Lourduswamy, popularly known as Stan Swamy, was a tribal rights activist for several decades and the oldest person to be accused of terrorism in India. Swamy was suffering from Parkinson's disease and had requested bail on medical grounds, which was rejected multiple times. While incarcerated, his health deteriorated and he died of COVID-19 complications on 5 July 2021.
The 2018 Bhima Koregaon violence caused the National Investigation Agency (NIA) to release a 10,000-page charge sheet, incriminating potential conspirators of the violence. Swamy's name was in the charge sheet which came as a surprise because Swamy claimed that he wasn't in Pune, where the incident occurred.
Swamy's arrest triggered widespread protests across India. The People's Union for Civil Liberties (PUCL), All India Catholic Union, the Catholic Bishops Conference of India, Kerala Catholic Bishops' Conference (KCBC), Kerala Latin Catholic Association (KLCA), Kerala Jesuit Provincial, Federation of Asian Bishops Conferences (FABC), and the international Jesuit community, all protested, calling for his release. The arrests were termed as politically motivated due to his work among the Adivasi community, the release of undertrials, Persecuted Prisoners Solidarity Committee, among others. In a protest on 21 October 2020, leaders of opposition political parties such as Shashi Tharoor, Sitaram Yechury, D. Raja, Supriya Sule, and Kanimozhi along with economist Jean Dreze, Dr. Joseph Marianus Kujur, the director of the Ranchi-based Xavier Institute of Social Sciences, activists Dayamani Barla and Rupali Jadhav, and lawyer Mihir Desai called for Stan's release.
The first point which then arises is whether his arrest was necessary at all? After putting up the charge sheet, it would have been the court’s call to remand him to judicial custody or not. An old man of 84 years, afflicted with Parkinson’s disease and merely named in a case, certainly merits such treatment. Even the Supreme Court, citing COVID-19 conditions, had said that for all offenses with less than seven years of punishment, investigative officers should use their discretion whether an arrest is necessary. Secondly, the prison administration is squarely responsible for the safety and health of prisoners. Even the judge while remitting him to jail, should have given instructions for extra care looking into his age and precarious condition. Does the jailor need permission from the court to give sipper to a Parkinson’s afflicted undertrial? Does a serious patient need court orders to be shifted to a hospital? The state prison authorities failed to discharge their duties faithfully. Third, Stan Swamy applied for medical bail and the prosecution merely stonewalled it routinely, questioning the credentials of even his illness. Lastly, the courts could not evaluate his case carefully and grant him bail, which he truly deserved on account of his advanced age and serious affliction.
This calls for a serious course correction. The Unlawful Activities (Prevention) Act (UAPA) was amended in 2008 after the Mumbai blast case and in 2012 and 2019. The recent amendments have brought under the ambit of UAPA wider coverage of the Act, and the designation of an individual as a terrorist. However, the spirit of the Act is to proceed against any individual or activity prejudicial to the territorial integrity or sovereignty of India. The Delhi high court gave bail to Devangana and Natasha in the Delhi riots case stating that prima facie the case was not made out. Why can’t other courts too, decide the time charge sheet is filed or even earlier at the investigation stage if the case does not stand at all.
The Biden administration reacted to the death of Father Stan Swamy, “We are saddened by the death of Father Stan Swamy, a Jesuit priest & tribal rights activist, who died in Indian custody under charges of the Unlawful Activities Prevention Act. We call on all governments to respect the vital role of human rights activists in healthy democracies,” a tweet from the State Department’s Office of International Religious Freedom said. The United States Commission on International Religious Freedom (USCIRF) tweeted a statement, condemning the death of the priest. “USCIRF condemns in the strongest terms the deliberate neglect and targeting by the government of India that led to the death of Father #StanSwamy, an 84-year-old Jesuit priest and longtime human rights defender,” it said. In its statement, the commission called on the U.S. government to hold the Government of India accountable and raise concerns around religious freedom in the India-U.S. bilateral relationship.
Denial of basic medical treatment, denial of bail on questionable grounds, and playing with the Right to Life of an elderly person accused of extraordinary offense; all account for violation of human rights and must be condemned stringently.
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