Concept Vol. 1 No. 1 2009

Dr Binayak Sen: fundamental principle that “All human beings are born free and equal in Health and Human Rights dignity and rights” – that human rights are, by definition, universal and Kathryn Pollard indivisible. For example, nobody can Scotland enjoy the right to life, liberty and “When I give food to the poor, they call security of person, as set down in me a saint. When I ask why the poor Article 3 of the UDHR, without also have no food, they call me a being entitled to freedom from torture, communist” (Archbishop Hélder or other cruel, inhuman or degrading Câmara) treatment, without equal access to healthcare, without the right to a fair Throughout the world community- trial, or without freedom from arbitrary based initiatives to improve the interference in his privacy, family, standard of life of local people can be home or correspondence. Freedom of threatened by the competing interests expression is essential to securing and of the State and its institutions. Access improving access to healthcare, to jobs, improved healthcare facilities, education, and housing, to taking part and cohesion through community in the government of the country (Art. action all provide a sense of stability 21) and to performing the duties owed and belonging which may frequently to the community (Art. 29). Ironically, be at odds with a State’s provisions for most countries pride themselves on social organisation and control or with certain aspects of development: its plans for investment and pioneering health initiatives, gender development. Education and equality legislation, or social housing community empowerment provide the programmes, for example. But if they means and opportunity to challenge the simultaneously suppress the full range status quo or to resist State-based of interrelated rights, and oppress those interventions that may not be perceived who try to uphold them, social, and to be in the community’s best interests. national, progress will forever be In the worst cases the State’s response constrained and painfully stunted. is to try to suppress community development, to stifle dissent, and to A good case in point is that of Dr. punish those who dare to resist. Binayak Sen – one time hero and national son of for his pioneering Yet, as we have seen time and time work in community healthcare. At the again, true social development cannot time of writing he was marking the progress without a full commitment by second anniversary of his the State to the entire compliment of imprisonment and awaiting trial on human rights set out in key charges linked to state terrorism: international treatises including the Universal Declaration of Human From Sen’s bleak prison cell in Rights. These rights are based on the state, central India, Dom Hélder Câmara’s famous words must Concept Vol. 1 No. 1 2009 ring painfully and ironically true. For community initiative funded by the almost three decades, the “barefoot mineworkers but open to anyone in doctor” has dedicated his life to need within a 100km radius. Working pioneering health and education for a minimal salary, Sen lived among initiatives for some of the poorest and the workers and trained local most marginalised communities in volunteers to become highly skilled in India. In April 2008, his efforts to patient-care, hospital administration promote and defend the indivisible and accounting. By empowering local human rights of those less fortunate people to help themselves the hospital were recognised on the international has now grown in size from a humble stage when he was awarded the ten beds when it opened to around 110 prestigious Jonathan Mann Award by patient beds. Non-medical staff the Global Health Council. Yet, despite continue to be trained in-house, his untiring work - or perhaps, more providing jobs for the community, and accurately, because of it - Dr. Sen has access to healthcare spread as a now spent more than two years in jail, number of smaller, satellite clinics without trial, on trumped up charges opened in neighbouring districts. In designed to punish him for standing up fact, the Shaheed Hospital has been so to the authorities – and to deter others successful that it is still frequently from doing so. cited as an example of pioneering healthcare for the poor in India. Sen’s career began at India’s prestigious Christian Medical College Building on this success, Binayak and in where he distinguished his wife, Prof Ilina Sen, set up himself in paediatrics before Rupantar, a community-based non- broadening his specialism to include governmental organisation which aims social medicine and community health. to address health needs and civil After a two-year spell working to cure liberties in an integrated way. As at tuberculosis at the Friends’ Rural the Shaheed Hospital, Binayak and Centre in Hoshangabad in Madhya Ilina trained volunteers to become Pradesh, Sen moved to Dalli Rajhara in community health workers operating Chhattisgarh, an area famed for its across more than 20 villages in the large iron ore mines. Here, region. Supported by a fully-trained mineworkers are mostly adivasis, local medical team, staff provide education indigenous people who are subjected to and support to counter alcohol abuse many forms of social and cultural and violence against women, and to exclusion, including being denied the promote food security. right to fair wages and working conditions. Dr. Sen’s public health initiatives have been credited with reducing child Before long, Sen began working with mortality rates in the state and have led the local mine workers’ trade union to other, state sponsored, public health and, after a short time, had helped programmes including the training of found the Shaheed Hospital, a “mitanin”, or women health activists. Concept Vol. 1 No. 1 2009

In fact, the Global Health Council goes the displacement of between 30,000 so far as to directly recognise the role and 100,000 people from their homes - of Dr. Sen’s health programmes in many of which are frequently reported shaping the National Rural Health to have been on valuable mining land. Mission, the flagship health On top of this, an ongoing famine in programme of the Indian Government. the region means that many suffer “Dr. Sen’s accomplishments speak from severe malnutrition. volumes about what can be achieved in very poor areas when health Shortly before his imprisonment, Dr. practitioners are also committed Sen publicly alleged the involvement community leaders,” said Dr. Nils of state police and the in Daulaire, president of the Global the killing of twelve adivasis. Only Health Council. “He has spent his weeks later, he was arrested under the lifetime educating people about health controversial Chhattisgarh State Public practices and civil liberties - providing Security Act (CSPSA) and the information that has saved lives and Unlawful Activities (Prevention) Act improved conditions for thousands of (UAPA) for acting as a “courier” people. His good works need to be between imprisoned Maoist leader, recognised as a major contribution to Narayan Sanyal, and his supporters India and to global health”. outside of the prison. If he is found guilty, the crime could carry a sentence As well as all his work on public of life imprisonment. Both the CSPSA health, Dr. Sen was also national vice- and the UAPA contain vague and president, and regional secretary- sweeping definitions of “unlawful general, of leading human rights activities” for which organisations may organisation, the People’s Union for be rendered “unlawful”, such as Civil Liberties (PUCL). In this role, he “uttering words…which propounds the has helped to create awareness of the disobedience” of “established law and deprivation, poverty, and its institutions”. This enables the discrimination that contribute to the government to arbitrarily arrest and social unrest in the area. For years, detain individuals, as well as seek their local people have been caught in the punishment, on grounds that may not middle of a conflict between the be clear to them, in violation of the banned Communist Party of India principle of certainty in criminal law, (Maoist) and the Salwa Judum, a reflected in Article 15 of the private militia widely believed to be International Covenant on Civil and sponsored by state authorities. Under Political Rights, to which India is a Sen’s leadership, the PUCL has state party. This has resulted in documented and publicised atrocities restricting peaceful activities by civil and human rights violations including society and individuals in violation of the unlawful killings of adivasis, rape human rights such as freedom of and sexual assault of adivasi women, expression and assembly which are abductions and forced disappearances, enshrined in India’s Constitution and which have cumulatively resulted in in international human rights law. Concept Vol. 1 No. 1 2009

and arrested him under state terror In fact, Dr. Sen had been acting in his laws. official capacity for the PUCL in carrying out visits to prison inmates of Yet, under the Universal Declaration all political persuasions to ensure that of Human Rights, to which India is a their fundamental human rights were signatory, all human rights are respected and to monitor their health indivisible, interrelated and status. His visits, and those of other interdependent. The right to healthcare PUCL members, were fully authorised is absurd when the state fails to and supervised by the prison recognise a basic right to life. Dr. authorities and so far there has been no Sen's case highlights that we cannot real evidence to make a case at trial. rate some human rights as more Consequently, Sen has been held for important or fundamental than others. over two years without bail and, at Often people will argue that deprived times, in solitary confinement. His communities need food or shelter more health has rapidly deteriorated but, than they need freedom of expression. despite both local and international Sadly repeated experience shows us efforts to secure his release, including that these communities cannot rely on a petition signed by 22 Nobel charity or goodwill to provide them Laureates, he remains in prison1, his with justice. Without political rights trail date repeatedly postponed. such as the right to organise, the right to a fair trial and freedom of Dr. Sen’s arrest reflects an alarming expression how are communities to trend of harassment and imprisonment express their needs and demand a fair of human rights activists in India for share of resources? challenging state authority. When Sen pioneered healthcare for India’s rural During 2009, Amnesty International’s ‘At the poor, the state praised him as a saint, Festival’ campaign focused on Dr. Binayak Sen’s case to add international pressure to the enlisting his expertise to train other call for the release of an innocent man. Events health workers and using his work to were held at the Edinburgh Festival, the West shape national health policy. But when End Festival in Glasgow, the Aberdeen Writers he challenged violations against a Festival, Leith Festival, the Big Tent Festival broader, but no less fundamental, range in Fife and Knochengorroch Festival in Dumfriesshire, culminating in a weekend event of human rights – the right to life, in Glasgow in September. To find out more liberty and security of person, the right about how you can add your support to the to a standard of living adequate for the campaign visit our website at well-being of the local people – they www.amnesty.org.uk/scotland quite literally called him a communist Background to the story can be found at

www.binayaksen.net To receive updates 1 Since this piece was written, Binayak Sen was released from prison on medial grounds regarding the campaign in Scotland, please although the charges against him remain and contact his freedom of movement is considerably [email protected] restricted. The campaign continues.