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UPDATE (India): Human rights activists in Varanasi facing continuous threat from women traffickers

August 10, 2008

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEAL PROGRAMME

Urgent Appeal Update: AHRC-UAU-050-2008

11 August 2008

[RE: AHRC-UAU-005-2008: Cases registered against Guria must be expedited]
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INDIA: Human rights activists in Varanasi facing continuous threat from women traffickers

ISSUES: Threat to human rights defender; witness protection; human trafficking; neglect of government
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Guria, a local human rights organisation working on women trafficking in Uttar Pradesh regarding the death threats on human rights defenders associated with Guria. Four unknown persons allegedly engaged in human trafficking in Varanasi threatened to kill the activists associated with Guria. The threats were made repeatedly both in person and over the phone.

CASE DETAILS:

At 4pm on the July 8, 2008 unknown persons allegedly related to human trafficking in Varanasi began threatening local human rights defenders associated with Guria. The four unknown men who threatened Guria's staff came to the Bal Kendra (child centre) in Shivdaspur Red Light area (under the jurisdiction of Manduadih police station, Varanasi district) looking for Mr. Ajeet Singh, president of Guria. Guria is working against human trafficking and for the rehabilitation, health, education and other rights concerned with women in prostitution, and their children.

Ms. Santwana Manju, wife of Ajeet was teaching at the Bal Kendra at the time, while Mr. Ajeet was out of town for some work. When Manju asked these four persons why they came, the four men threatened Manju to stop working against human trafficking as well as following up the cases on it. Otherwise, they further threatened to kill Ajeet and Manju.

These four men also told Manju that although they had merely threatened to kill Ajeet and Manju over the phone last time they would put their words into practice this time. Moreover, they warned that the police would not be able to do anything for Ajeet and Manju.

After they left following their verbal abuse towards Ajeet, Manju and Guria, these four men made a phone call on the number +91 54225 04253 to the office of Guria, located at Khajuri. The caller without being identified abused and threatened Ajeet over the phone to stop working on the cases.

On July 12, Ajeet sent a letter to the Senior Superintendent of Police (SSP), District Magistrate of Varanasi (DM), Inspector General of Police (IGP), Director General of Police (DGP) and Principal Home Secretary in Varanasi district, calling for attention to the threats, as well as demanding an action against the alleged perpetrators committing human trafficking in Varanasi. However, no responses from the local authorities have been given to these letters so far. 

BACKGROUND INFORMATION:

The AHRC has released cases regarding human trafficking in Varanasi. For previous cases please see AHRC-UAU-005-2008, AHRC-UAC-081-2008, UP-036-2007, UP-035-2006, UP-131-2005 and UA-109-2005. All these cases of human trafficking, in particular concerning the sex trade in Varanasi district of Uttar Pradesh, have reportedly not been investigated by the police.

The local police reportedly have connections with human traffickers, which is reflected in the fact that the police used to advice the victims not to take further action against the perpetrators rather than disclose their crimes. On the other hand, the local police tend to conceal that such a grave crime like the sex trade happens within its jurisdiction. The local police attempts to minimise the actual gravity of the crime while the victim tries to seek justice before the law. Such close connection of the human traffickers with the local police is possible reportedly because the police find sex trade as an extra source of income. Guria reports and it is common knowledge in Varanasi that all ranks of police officers have connection with the human trafficking network operating in Varanasi.

The human rights defenders of Guria tried to expose forced prostitution in Varanasi. In the process they complained to the local police to take action against those who were bringing women and children to Varanasi for their 'business'. The local police, and even the higher ranks of the police, not only failed to take any action but also informed brothel keepers that complaints were being made towards them. When forced to take some action, after informing the brothel keepers the local police visited the place and as expected found nothing. This exercise continued several times making the entire attempt by Guria to rescue women and children from being forced into prostitution a mockery.

As a result, the inaction of the local police encourages human traffickers in Varanasi, not only to preserve their criminal business but to threaten the witness and human rights defenders working against the human trafficking. If the local police and administrative authorities do not take substantial action against human traffickers and protect both the victim and witness, children and women will be more exposed to human trafficking.

There are currently six cases registered against the brothel keepers. They are all pending before various courts in Varanasi. The case numbers are 274/2005, 294/2005, 295/2005, 280/2005, 300/2005 and 121/2007. The police to please the brothel keepers have registered four cases against the human rights activists associated with Guria. The case numbers are 274/c/2005, 274/e/2005, 274/g/2005 and 274/h/2005. As of now all these cases are dragging on in court.

SUGGESTED ACTION:
Please write to the authorities named below expressing your concern over this case.

The AHRC has also written a separate letter to the Special Representative of the Secretary-General on the situation of human rights defenders calling for an intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

INDIA: Please stop death threat on human rights defenders in Varanasi

Name of victims: Human Rights defenders of Guria, a local human rights organisation based in Varanasi, Uttar Pradesh, India
Date of incident: 8 July 2008
Place of incident: Bal Kendra at Shivdaspur Red Light area, under the jurisdiction of Manduadih police station, Varanasi district, Uttar Pradesh, India

I am writing to express my concern regarding threat on the human rights defenders of Guria working against the human traffickers in Varanasi. I am informed that at 4:00 pm, on July 8, 2008 four unknown men came to Shivdaspur Red Light area under the jurisdiction of Manduadih police station to look for Mr. Ajeet Singh, the president of Guria. Guria is well known NGO working against human trafficking and rehabilitation, health, education and other concerned rights of women in prostitution and their children in Varanasi district.

I am informed that these four men threatened Ms. Santwana Manju, wife of Ajeet asking her to stop working against human trafficking as well as following up the cases on it. They further threatened to kill Ajeet and Manju otherwise. At that time Mr. Ajeet was out of town for some work.

I am further informed that the four men also told Manju that they had threatened to kill Ajeet and Manju merely over the phone on previous occasions, but that they would out the threat into practice this time. I am surprised to know that they warned that the police would not be able to do anything for Ajeet and Manju. It is alleged that the local police have connections with the human traffickers operating in Varanasi and that several officers of all ranks are bribed by these criminals.

After having left verbally abusing Ajeet, Manju and the Guria, these four men made a phone call on the number +91 54225 04253, office number of Guria located at Khajuri of Varanasi district. The caller without identifying himself abused and threatened Ajeet demanding him to stop working on the cases.

I am aware that this is not the first threat upon the human rights defenders of Guria. I have studied that the AHRC has released six Urgent Appeals earlier connected to this case highlighting the failure of the local police in providing any protection to human rights defenders and witness in cases.

I have learned that the local police used to advice the victims not to take further action against the human traffickers. On the other hand, the local police tend to conceal that such a grave crime like the sex trade happens within its jurisdiction. The local police attempts to minimise the actual gravity of the crime while the victim tries to seek justice before the law. It is reflected in the fact that six cases are currently registered against the brothel keepers, of which none has gained any progress. They are all pending before various courts in Varanasi. The case numbers are 274/2005, 294/2005, 295/2005, 280/2005, 300/2005 and 121/2007. This also reflects the state of affairs of the criminal justice system in India.

The police to please the brothel keepers have registered four cases against the human rights activists associated with Guria. The case numbers are 274/c/2005, 274/e/2005, 274/g/2005 and 274/h/2005. As of now all these cases are dragging on in court.

I am recently informed that on July 12, Mr. Ajeet sent a letter to Senior Superintendent of Police (SSP), District Magistrate of Varanasi (DM), Inspector General of Police (IGP), Director General of Police (DGP) and Principal Home Secretary in Varanasi district of Uttar Pradesh, calling for attention on the threat against him and his wife as well as the failure of the local police in taking action against the alleged perpetrators involved in human trafficking in Varanasi. However, it is reported that for these letters there was no response from the local authorities so far. 

I, therefore, urge you to take immediate action to investigate and take appropriate action against the persons involved in threatening the human rights activists associated with Guria. I further urge you to make an intervention that the law enforcement agencies make a thorough and impartial investigation into human trafficking cases in Varanasi so that women and children are not forced into sex trade any more.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

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

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

3. Mr. Vikram Singh
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. Mr. Justice Hemant Laxman Gokhale
Chief Justice, Allahabad High Court
Allahabad
Uttar Pradesh
INDIA
E-mail: rg@allahabadhighcourt.in

6. 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

7. Minister of Women & Child Development
Government of India
Shastri Bhavan
New Delhi
INDIA
Fax + 91 11 23074054
E-mail: min-wcd@nic.inm

Thank you

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchh.org)

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-050-2008
Countries :
Issues :
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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.