There has been widespread public outrage regarding the deteriorating health of jailed octogenarian Telugu poet and activist Shri Varavara Rao. Pune police had arrested Shri Varavara Rao in Hyderabad on 28 August 2018 in a case relating to alleged conspiracy to assassinate Indian Prime Minister Narendra Modi. He had strongly denied the allegations and no charges have been formally brought up against him so far.
For several months, his family members along with several writers and activists have been asking the Maharashtra government to immediately shift him to hospital for treatment, citing his deteriorating health condition. Several prominent citizens have been calling out on this issue on Twitter too. Shri Rao has been in jail for about 22 months and had earlier approached the special National Investigational Agency (NIA) court, seeking bail on medical grounds and the prevailing COVID-19 situation.
National Human Rights Commission (NHRC) had received a complaint from Ms Maja Daruwala, special monitor of the Commission regarding the difficulties being faced by Shri Varavara Rao who was lodged in Taloja jail in Mumbai, Maharashtra.
The complaint mentioned that Mr Rao is suffering from many ailments due to which his health condition is deteriorating. He is unable to walk and the jail authorities are allegedly not providing him the requisite healthcare facilities.
The Commission took cognisance of the matter vide its proceedings dated 13.07.2020 and noted that the right to life and medical care is one of the basic human rights and the State is duty bound to provide a prisoner who is in its custody, appropriate medical care so that there should be no danger to his life.
The National Human Rights Commission (NHRC) order, which follows massive public outrage in India and globally, also said that all expenses relating to Mr Rao's treatment would be borne by the State as he was an under trial prisoner and, therefore, its responsibility.
The Commission has directed to issue notices to the Chief Secretary and the Director General (Prisons), Maharashtra calling for a report in the matter, within two weeks and has also directed to constitute a medical board to examine the health condition of Mr Rao and to see whether the treatment being provided to him is appropriate.
The Commission had also mentioned that the board is expected to decide as to in which hospital whether government of private, Shri Rao will get the best medical treatment. The report is yet to be received.
In the meantime, the Commission has received several communications including Ms Maja Daruwala's, that the health condition of Shri Rao is deteriorating and the authorities are ignoring his condition.
It is also mentioned in one of the communications received by the Commission that when the family members of Shri Rao visited him in JJ Hospital they were shocked to see that he was lying in the transit ward in a pool of urine on the bed and was delirious and incoherent. He could not recognise his wife and daughters immediately and the nurses in the hospital told the family members that there were no equipments or treatment available to be given to the patient in the transit ward.
Many human rights defenders have also approached the Commission raising their concern about the condition of Shri Rao.
The Commission has already taken cognisance of the matter and the report called for from the State authorities is yet to be received but the further developments in the matter are serious in nature, forcing the Commission to consider all the facts minutely.
It is established that the persons above the age of 60 years with co-morbidities are more vulnerable if they are COVID-positive. The health condition of Shri Rao, as mentioned in the various communications, was already worrisome and now when he has been tested positive for the COVID-19, danger to his life has grown bigger which is a matter of concern for the Commission. It is a question of saving a precious human life leaving apart the legal aspect of the matter.
The chief secretary, government of Maharashtra is expected to look into the matter personally to ensure that Shri Rao is shifted to the best possible COVID hospital.
Shri Varavara Rao was admitted to the Maharashtra government-run JJ Hospital in Mumbai on the same day after this NHRC order came out. In another media report, it is confirmed that Shri Rao has also been tested positive for COVID-19 and he has now been transferred to St George Hospital which is a state-run COVID-19 facility.
