India on Tuesday rejected mounting international criticism over the death of Father Stan Swamy, saying the due process of law was followed and the authorities did not hinder the legitimate exercising of his rights. According to the Ministry of External Affairs (MEA), India remains committed to promoting and protecting human rights for its citizens and has an independent judiciary and a range of state and national human rights commissions. Stan Swamy, 84, who was arrested under the Unlawful Activities (Prevention) Act last year in connection with the Elgar Parishad case, died in a hospital in Mumbai on Monday.
The Indian statement came at a time when U.N. human rights chief Michelle Bachelet and human rights officials of the US and European Union (EU) expressed concern over the death of the Jesuit priest and rights activist. It is important to note, however, that despite Father Stan Swamy’s arrest and detention by the National Investigation Agency following due process under law, his bail applications have been rejected by courts because of the specific charges against him.
‘India’s authorities act against violations of the law, not against legitimate exercise of rights. All actions are strictly in line with the law’, MEA spokesperson Arindam Bagchi said. He made the comments in response to media inquiries about the death of Stan Swamy.
Since May 28, Father Stan Swamy has been receiving medical treatment at a private hospital with the assistance of the Bombay High Court, Bagchi said. Swamy passed away on July 5 after complications with his medical treatment, according to MEA spokesperson. Bagchi noted that India has an independent judiciary, a wide range of national and local human rights commissions that monitor violations, a free media and an active civil society. According to him, India remains dedicated to the promotion and protection of all human rights.
The UN body on human rights said earlier that it was deeply saddened and disturbed by the death of the activist in pre-trial detention. Over the past three years, UN High Commissioner for Human Rights Bachelet and the UN’s independent experts have repeatedly urged the Indian government to free Swamy and other human rights defenders, it said.
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Liz Throssell, the spokesperson for the UN High Commissioner for Human Rights, expressed deep sadness at the passing of 84-year-old Father Stan Swamy yesterday in Mumbai, after his arrest in October 2020 under India’s Unlawful Activities (Prevention) Act. ‘Father Stan has been in pre-trial detention without bail since his arrest in connection with demonstrations dating back to 2018,’ she said in a statement.
‘It is even more urgent that States, including India, release every person detained without a sufficient legal basis, including those detained simply for expressing critical or dissenting views. This is in line with the Indian judicial system’s call to decongest prisons,’ Throssell said. She said the High Commissioner urged the Government of India to ensure no one is detained for exercising their rights to freedom of expression and peaceful assembly.
UN Special Rapporteur on Human Rights Defenders, Mary Lawlor, described Swamy’s death as ‘devastating’ and claimed he was imprisoned for ‘false terrorism charges’. Lawlor expressed his shock at the news of Fr. Stan Swamy’s death in custody, nine months after his arrest on false charges of terrorism. ‘Jailing human rights defenders is inexcusable,’ he said. Eamon Gilmore, the Special Representative for Human Rights of the European Union, also expressed concerns.
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