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INDIA: Varanasi police are indifferent to a child's abduction and trafficking

February 17, 2010

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-012-2010



17 February 2010
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INDIA: Varanasi police are indifferent to a child's abduction and trafficking

ISSUES: Child trafficking; violence against women; abduction; police negligence
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Dear friends,

The Asian Human Rights Commission (AHRC) is calling for a legitimate investigation into the trafficking of a 14-year-old girl in Jaitpura, Varanasi, Uttar Pradesh. We have learned that local police officers initially refused to register the case of kidnapping and trafficking but that the Director General of Police did so after being contacted by a member of the AHRC; he has promised that a proper investigation will be conducted and that the perpetrators will be prosecuted. Nevertheless the AHRC is concerned due to past experience, in which obstacles have been created by the corruption of the local authorities. Successful investigations into child trafficking are a rarity in the area.

CASE DETAILS:

According to the information received from GURIA, a local human rights NGO, 14-year-old girl Maya (the name has been changed for the victim's protection), has been missing since 22 November 2009. After having unsuccessfully looked for her for weeks without any help from the local authorities, her father came to hear that she had been sold by their former landlady, Rabiya Andewali, through members of a gang involved in child trafficking. He tried to register a case against her but says that the officers at Jaitpura Police Station refused to comply.

Nevertheless, almost two months after the girl was first reported missing he was told that the police had recovered Maya in Mumbai and that she was staying in a children's home. When he found her the girl was clearly frightened and in shock. Only after they returned to Varanasi did she explain that she had been deceived by a man promising to marry her then sold to a stranger and raped several times.

According to the victim, on 22 November Rabiya Andewali and her four daughters, Jamila Khatoon, Bhakuri, Raushan, Soni, came to see her at home and tried to convince her to elope with a friend of theirs, Parwez (son of Maulvi, resident of Bakariyakund). The girl refused. One of Rabiya's daughters then reportedly handed her over to Parwez, after which she was raped.

According to Maya in a recent interview: “Parwez promised to marry me and took me to an orchard at Sarnath along with his friend Rocky. Even though I refused, he had physical relations with me, from which I had a lot of pain. This incident was recorded secretly by Rocky on his mobile”. Parwez then brought the girl to Mughalsarai railway station and handed Maya and Rocky's cell phone to an unknown man.

The man then took Maya to Mumbai, where a month later, on 26 December, she was sold: "After reaching Mumbai he took me to a hotel, the name and address of which I don't know. After some time in the room, he started behaving vulgarly. When I protested, he showed me the film of my physical relation with Parwez on Rocky's mobile phone and told me that he had bought me for Rs. 50,000 from Rabiya, Bhakuri, Jamila, Raushan, Soni, Parwez and Rocky and that if I refused to have physical relations with him he would show the film to everybody and kill me.” The man reportedly raped Maya several times.

Maya explained that she managed to escape from the hotel on 28 December, after two days of this regime. She first contacted Parwez who threatened to 'set all [her] family on fire' if she tried to return home and was eventually picked up by the police and brought to the police station. However her 'buyer' was able to gain access to her there. “That same unknown person also reached the police station and threatened me that if I told anything to the police he would kill me and my whole family in Varanasi. He said that he would always keep an eye on me and threatened me into not telling anything to anybody. I was totally scared and after his departure I did not answer any of the police's questions. Then the police dropped me at the children home. Even there, I did not say anything.”

Thanks to the support of her family she has regained confidence, agreed to tell her story and decided to seek justice. Despite this testimony however the Jaitpura police station refused to file a case against the numerous persons involved in her kidnap, sale and rape. Alerted by GURIA, a staff member of the AHRC spoke with the Director General of Police concerned, who eventually agreed to file an F.I.R. He has promised the AHRC that a legitimate investigation will be conducted.

ADDITIONAL INFORMATION:

From past experience the AHRC has doubts regarding the actions that will follow this verbal promise. The victim has already received very serious threats and if no serious investigation is undertaken, her safety cannot be guaranteed. She comes from a poor family and her father is illiterate, which makes it even more difficult for them to access the legal system and to persuade corrupted police officials to lodge their complaints.

Cases of child trafficking are very frequent in Varanasi, where children from poor families are being abducted, sold to strangers and then forced into prostitution or slavery. Though parents regularly try to lodge complaints at the police station, police officers systematically refuse to register the cases.

The AHRC has already reported several cases of corruption among Varanasi police officers. Last year the negligence of the local police led to the returning of a twelve-year-old girl to her kidnappers: see UAC-091-2009. In 2008 police refused to take any step to lodge the complaint of a 13-year-old girl who had been kidnapped, sold to a brothel, raped, forced into prostitution and tortured for more than two years: see UAC-212-2008. In another case the Jaitpura police station refused to file a case against those who had sexually assaulted a 13-year-old girl: see UAC-209-2008.

The UN has also documented various cases of child trafficking in Varanasi and has denounced the collusion between the legal authorities and those involved in the criminal network. In the September 2009 report of the Special Rapporteur on the sale of children, child prostitution and child pornography, several cases of child trafficking in Varanasi were reported; it acknowledged that well-known child traffickers have never been apprehended by the police, 'allegedly due to the fact that prostitution in Varanasi is a business carried out with the blessings of the local police'.

India is party to international conventions protecting children from human trafficking, forced labour and sexual exploitation. Its constitution strictly prohibits human trafficking. The Immoral Traffic Prevention Act of 1956 specifically condemns the traffic of women and girls on the purpose of sexual exploitation. Its penal code also contains provisions specifically condemning criminal activities such as kidnapping or abduction. (For more details see UAC-202-2008) Nevertheless because of rampant corruption of the police officers and the indifference of the state authorities those legal provisions have gone unheeded in Varanasi, resulting in a protection vacuum for children when it comes to kidnapping and prostitution.

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SUGGESTED ACTION:

Please write to the authorities listed below urging them to make sure that this case is properly investigated and that the victim will be granted adequate compensation. Please also call for her protection. Join us in reminding the state authorities of their obligation to take appropriate measures to protect their citizens from human trafficking.

Please be informed that the AHRC has written separate letters to the Special Rapporteur on the sale of children, child prostitution and child pornography requesting an intervention in this case.

SAMPLE LETTER:

Dear __________,

INDIA: Police show indifference to a case of child abduction and trafficking

Name of victim: Maya (name changed), 14
Name of alleged perpetrators:
1. Ms. Rabiya Andawali, wife of Basiullah Safiullah
2. Ms. Jamila Khatoon Andewali, daughter of Rabiya and Basiullah
3. Ms. Bhakuri Andewali, daughter of Rabiya and Basiullah
4. Ms. Raushan Andewali, daughter of Rabiya and Basiullah
5. Ms. Soni Andewali, daughter of Rabiya and Basiullah
All residing at Nakhighat, near the Shailputri Mandir, P.S.-Jaitpura, Varanasi
6. Mr. Parwez, son of Maulvi; residing at Bakariyakund
7. Rocky (full name unknown)
8. An unknown man who can be identified by the victim

Date of incident: November 22, 2009
Place of incident: Nakhighat, near the Shailputri Mandir, P.S.-Jaitpura, Varanasi

I am writing to express my concern over the lack of interest shown among police in Jaitpura station, Varanasi in investigating the case of a 14-year-old-girl who was abducted and sold to a man who raped her several times.

According to the information I have received, on 22 November while she was alone at home, Maya (name changed) was brought by her landlady, Rabiya Andawali, and her daughters named above, to Parwez, a man she already knew and who had promised to marry her. Parwez raped her in an orchard in Sarnath while a friend of his, Rocky, recorded the act on his cell phone.

The girl was then sold to a man for Rs50,000 and brought to Mumbai. She was detained in a hotel room for two days in December and raped several times by the man who had 'bought' her. He threatened that he would kill her and her family if she tried to escape. Nevertheless, after two days, on 28 December she managed to flee from the hotel room and to call Parwez who also threatened to set her family on fire if she tried to return home. Mumbai police officers eventually picked her up and brought her to the police station, yet even there her captor managed to find her, access her and reiterate his death threats. The girl then refused to talk out of fear and was handed over to a children's house in Mumbai.

Two months after her abduction Maya's father was able to recover his daughter and bring her back to Varanasi on 31 January 2010, and three days later Maya was able to explain her ordeal, and decide to make a formal complaint.

However I am very concerned to hear that the police refused to file her complaint, even though she had identified her aggressors. I am aware that they had already refused to lodge a case brought by her father on 31 December against Rabiya Andawali, when Maya was still missing. I was informed that it took contact from a member of the Asian Human Rights Commission, alerted by GURIA, a local human rights NGO, with Director General of Police concerned for a case to be registered. The DIG has promised that it will be properly investigated.

Nevertheless the Varanasi police have a long record of refusing to investigate cases of child trafficking. I am aware that the corruption of the local police officers has often prevented the victims of child trafficking from receiving protection and justice, and I am understandably concerned – considering also the behavior of police in the case so far – that this case will be no different.

I call for your immediate intervention to make sure that Maya's case will be investigated in an independent and impartial manner. If the inquiry concludes that the alleged perpetrators are responsible for Maya's abduction, sale and rape, they must be brought to court and prosecuted according to the provisions of the Indian Penal Code, specifically addressing the crimes of kidnapping and selling minors. The victim is, of course, due compensation proportional to the damages undergone.

I am also calling for prompt measures to guarantee the victim's protection, since she comes from a poor and vulnerable family and has already received several death threats.

I would like to draw your attention to the recurrence of child trafficking in Varanasi and of the complacency of the police authorities toward such cases. The UN Special Rapporteur on the sale of children, child prostitution and child pornography has acknowledged that, very often, well-known child traffickers are not apprehended, 'allegedly due to the fact that prostitution in Varanasi is a business carried out with the blessings of the local police'. If no concrete measures are taken to fight this corruption and the collusion of police with child-trafficking networks, certain provisions of the Indian law and constitution prohibiting those will be rendered meaningless. I am therefore calling for the show of a strong political will at every level of the federal system to show that the Indian state is willing to fulfill its international obligations. This should start with a fight against the corruption of the Varanasi police officers, and the increase of penalties for cases of child trafficking: those who are engaged in it, and those who protect them.

The proper investigation of Maya's case could be a symbolic achievement for the accountability of the local police in Varanasi and a strong, long overdue deterrent to child traffickers.

I look forward to your intervention in this matter,

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Senior Superintendent of Police
Varanasi, SSP Office
Kachahari, Uttar Pradesh
INDIA
E-mail: sspvns@up.nic.in

2. Inspector General of Police
Varanasi Zone
Varanasi District, Uttar Pradesh
INDIA
E-mail: igzonevns@up.nic.in

3. Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 220 6120 / 220 6174
E-mail: police@up.nic.in

4. District Magistrate
Varanasi, Uttar Pradesh
INDIA
Fax: +91 54 2234 8313
E-mail: dmvsn@satyam.net.in

5. Ms. Mayawathi
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
E-mail: csup@up.nic.in

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Please be aware that although we regularly update our contact databases, emails to local authorities do sometimes bounce back due to domestic technical issues. If this happens consistently please do inform us at the email address below.

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-012-2010
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.