Lawyers, loved ones seek rights, better prison conditions for jailed activists after Mahavir Narwal’s demise

Indian security personnel seen wearing face masks as they stand outside the gates of Tihar Jail in 2020. Pinjra Tod activist Natasha Narwal has been incarcerated in this New Delhi prison since May 2020. Photo: AFP

Concerns surrounding the prolonged imprisonment of political activists, their treatment in jails, a lack of medical attention, and the deteriorating conditions of Indian prisons in the ongoing pandemic were raised in ‘Prisoners in a Pandemic: Viral hate and a raging contagion' on May 11. Organised by a people's campaign platform ‘Karwan e Mohabbat' (Caravan of Love), the online talk was held in memory Mahavir Narwal, the father of jailed activist Natasha Narwal, and in solidarity with "those wrongly incarcerated by this heartless government". Lawyers, activists, and the kin of political prisoners were in attendance.

Mahavir Narwal passed away due to Covid-19 in Rohtak, Haryana on May 9. His daughter Natasha Narwal, an activist from the women's rights group Pinjra Tod and a student of the Jawaharlal Nehru University, has been in prison since being booked under the Unlawful Activities Prevention Act last May, for her alleged part in inciting the widespread communal violence in Northeast Delhi in February, 2020. Though Natasha had filed for interim bail to visit her father due to his ill health on May 7 this year, she was granted a three-week bail only on May 10, a day after his death. The court stated that her release is imperative in this hour of her grief and personal loss.

This incident has brought to light various issues about how political prisoners are treated in the country. The Karwan e Mohabbat discussion, aired on the United Against Hate Facebook page, tried to address it through a panel including human rights lawyer Mihir Desai, Dr SQR Ilyas, father of activist Umar Khalid, professor Apoorva Anand, and author-activist Harsh Mander. The kin of political prisoners who have been in jail and not received timely medical attention for their sicknesses amid the pandemic -- Raihanath Kappan, wife of jailed journalist Siddiq Kappan, Jenny Rowena, wife of Delhi University professor Hany Babu, Kaladas Dahariya, an associate of Sudha Bhardwaj, and Nargis Saifi, wife of Khalid Saifi - also participated . In a more recent development, Instagram blocked a video by Karwan e Mohabbat about Mahavir Narwal, stating that ‘content is owned by the Bangladeshi channel, Rtv', when the campaigners have said it does not.

"While talking about prisons during Covid, it is important to focus on decongestion, health maintenance, and communication with the outside world," said advocate Mihir Desai. Indian prisons currently have a capacity of three lakh prisoners but have as many as 4.5 lakh prisoners, he pointed out. The health risks have heightened due to Covid-19 and there is a need for testing and vaccination, he added. He also emphasised the need for political prisoners to be able to communicate with family and the need for temporary bailfor those who have been charged under sedition or the UAPA Act.

Dr SQR Ilyas, who is the father of Umar Khalid, noted the implication of draconian laws to deny bail was wrong and the government, being in a democratic society, should put an end to it. He also observed that those who are under trial are treated badly in the prisons and there should be a strict judgement about misbehaviour against them in the country. "There needs to be a change in behaviour against marginalised communities and Muslims in the country because every person is a citizen of the country. We should also discuss about the need for a fast-track court for those who have been in jail for a long time and then end up getting acquitted, as they lose many years in jail and it feels like they have served their punishment." Not only the court, political parties too must raise their voice and help in this situation, he said, as they are also public representatives.

While this is just the start, the overall consensus is the hope that the discussions for these issues of not only political prisoners but also of others who are in the Indian jails are taken forward. They also emphasised the need for timely medical attention and allowing them bail to be with their family members during such difficult times.

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