‘Compassion, Not Politics’: Kashmir Unites in Plea for Ailing Shabir Shah’s Human Rights

Compassion for Shabir Shah: Kashmir Leaders Urge Centre to Act on Humanitarian Grounds

By: Javid Amin | Srinagar | 21 June 2025

When Humanity Must Rise Above Politics

In a land often fractured by political ideologies, religious divides, and historical grievances, one issue has quietly united voices across party lines in Jammu & Kashmir—compassion for the ailing separatist leader, Shabir Shah.

A towering figure in Kashmir’s political history, Shabir Shah, now 74, lies in Tihar Jail suffering from prostate cancer. Despite the serious nature of his illness and the urgent need for multiple surgeries, he remains isolated, without family contact, and without release for medical treatment.

While the Delhi High Court recently denied his bail on legal grounds, Kashmir’s politicians and civil society are increasingly urging the Centre to look beyond the legal and see the human, to grant medical parole, or at the very least, family access, before it’s too late.

Who is Shabir Shah? A Brief Profile of the “Prisoner of Conscience”

Shabir Ahmad Shah is no ordinary detainee. Often referred to as the “Nelson Mandela of Kashmir”, Shah has spent more than 33 years in various Indian prisons, making him one of the longest-incarcerated political detainees in South Asia.

He has never been convicted in a court of law for armed rebellion, yet he remains incarcerated under charges largely linked to terror funding, separatism, and money laundering, which he has consistently denied.

Over the decades, his profile has shifted from militant youth activist to political leader advocating a peaceful resolution to the Kashmir issue. While his politics remain controversial to many, his right to healthcare, dignity, and humane treatment is now at the centre of a growing campaign.

Prostate Cancer Diagnosis: What We Know About His Medical Condition

Shabir Shah is reportedly suffering from advanced-stage prostate cancer, a condition that requires three urgent surgeries, according to his wife and prison medical reports.

The illness, especially at Shah’s age, is life-threatening if not treated promptly. Delayed or denied treatment can lead to:

• Chronic urinary issues

• Bone metastasis

• Systemic infection

• Cardiac complications due to prolonged untreated pain and stress

Doctors in Tihar Jail, according to his family, have flagged the urgency of surgical intervention. Yet, treatment has not yet materialised in any meaningful way.

The Emotional Letter from His Wife, Dr. Bilquies Shah

In a heart-wrenching open letter, Dr. Bilquies Shah, a well-known doctor herself, revealed that her family has had no communication with Shabir Shah for almost two years.

“We are not asking for political concessions. We are only asking for humanity—to be allowed to be with him during treatment. Is that too much to ask?“

Her plea cuts through the usual fog of political language. It’s not about separatism or loyalty. It’s about human dignity, spousal love, and basic rights.

Two Years Without Contact: A Family’s Silent Struggle

Isolation is hard on any prisoner. But for someone dealing with cancer, ageing, and emotional deprivation, it becomes unbearable.

Shabir Shah’s daughter has not seen her father for over two years. There have been no in-person meetings, no video calls, and no written letters that reached the family.

This emotional incarceration, critics argue, is not part of the sentence—it’s state-sanctioned cruelty.

Voices of Kashmir: Political Unity for Compassion

It’s rare to find unity among the political spectrum in Kashmir. Yet, on this humanitarian issue, leaders are in unison:

• Mehbooba Mufti (PDP): “This is not about politics. Let the man meet his family. Let the system show it has a heart.”

• Mirwaiz Umar Farooq (Hurriyat): “Denying access during illness violates every civil and human right we claim to uphold.”

• Sajad Lone (People’s Conference): “The law should not be weaponised to dehumanise a person, especially in the twilight of their life.”

These statements are not demands for exoneration, but for a window of relief, a gesture of empathy.

The Legal Standpoint: Rejected Bail and What It Means

Recently, the Delhi High Court rejected Shah’s interim bail plea on medical grounds, stating that proper medical care is being provided in Tihar Jail.

However, the broader concern raised by rights advocates is this:

• Is medical access enough without emotional support?

• Can surgery without family be considered humane?

• What about post-op care in a sterile prison environment?

Many argue that granting parole for treatment under family supervision is not only possible, but precedent-backed (see next section).

Indian Judiciary and Humanitarian Law: Rights of the Prisoner

India is a signatory to international covenants on prisoner rights, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), which emphasize:

• Access to healthcare equal to that available in the community

• Right to family contact

• Right to dignity, even during custody

The Supreme Court of India has, in multiple rulings, stressed that “prison walls do not separate the inmate from fundamental rights.” Humanitarian bail, parole, or medical furloughs are legal tools available to the courts and the executive.

Precedents in India and Abroad: When Compassion Took the Lead

India has numerous examples where humanitarian bail/parole was granted:

• Sanjay Dutt, convicted under TADA, was granted medical parole multiple times.

• Lalu Prasad Yadav, undergoing treatment, was allowed to be with his family.

• Hardik Patel, in sedition cases, was granted temporary bail to attend family events.

Globally, even in conflict-ridden regions, prisoners are allowed family access during terminal illness or surgeries. In Israel, Palestinian prisoners have been granted family visits during major illness.

So why not Shabir Shah?

Mirwaiz Umar Farooq: “This is About Dignity, Not Politics”

Mirwaiz’s statement has gained traction among human rights circles.

“The Indian legal system must ask itself: is denying a dying man’s family the right to see him truly justice? This is not about politics anymore. This is about the soul of the Republic.”

Mehbooba Mufti: “Don’t Let the Process Become the Punishment”

In a powerful tweet, PDP leader Mehbooba Mufti said:

“Let him meet his family. Let him heal with dignity. Don’t let the process itself become the punishment.”

Sajad Lone and the Apni Party’s Non-Partisan Appeal

Sajad Lone, often viewed as moderate, added:

“We don’t need to agree with a man’s ideology to agree with his right to humane treatment.”

This growing chorus underscores that Shah’s release is not a political ask—it’s a moral one.

Civil Society Reacts: Doctors, Lawyers, and Human Rights Activists Speak Out

Organizations like the J&K Bar Association, Doctors for Justice, and Human Rights Watch India have echoed the concern:

• “Medical parole is not privilege. It’s policy.”

• “Denying him care is an indirect death sentence.”

Doctors have also noted that emotional trauma exacerbates recovery time post-surgery.

The Role of Tihar Jail Authorities: What Is Their Responsibility?

While Tihar Jail’s medical team has acknowledged Shah’s condition, bureaucratic approval for external treatment or parole remains pending.

Multiple reports show that infrastructural gaps in prison hospitals are ill-equipped for advanced cancer care. The onus is now on the Ministry of Home Affairs and DG Prisons to act.

Political Prisoners and Healthcare: A Broader Indian Concern

Shabir Shah’s case brings back focus on many others:

• G.N. Saibaba, who is 90% disabled

• Stan Swamy, who died in custody without proper medical care

It’s time India reassessed how it treats ailing prisoners—even those it disagrees with.

United Nations Standards on Prisoner Healthcare

The Mandela Rules mandate:

• Free access to specialist treatment

• No solitary confinement for medical issues

• Respect for dignity and rights, even under incarceration

Why This Case Matters to the Idea of India

In the 75th year of independence, India must choose—vindictiveness or values? If we believe in human dignity, it must extend to every citizen, every prisoner, every dissenter.

A Call to Conscience: The Road Ahead

This isn’t about political ideology. It’s about the basic human right to be treated with dignity. As the nation watches, Kashmir’s voice grows louder—not in protest, but in plea. A plea that says:

• Let him meet his family

• Let him get the treatment he needs

• Let compassion lead for once

Because if we can’t show compassion now, when will we?

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