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INDIA: Demand guarantees of proper treatment and protection for girls released from prostitution and human rights defender

October 27, 2005

URGENT ACTIION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM

Urgent Appeal

28 October 2005
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UA-190-2005: INDIA: Demand guarantees of proper treatment and protection for girls released from prostitution and human rights defender

INDIA: Child prostitution and bondage; threats to human rights defenders
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding an attempt by Guria, a human rights organization in Varanasi, in the state of Uttar Pradesh, India, to rescue underage girls from forced prostitution. The girls, who were freed from brothels by Guria, were later taken away by the police and are believed to be currently detained at either a women's detention centre or correctional facility. What is more, the president of Guria, Mr. Ajeet Singh, and his wife are currently in hiding due to fear for their own safety since after arousing the anger of the brothel keepers.

At this time, the AHRC is still in the process of gathering details about the situation and will update you once more is known about the case. However, in the meantime the AHRC urges you to write to the Superintendent of Police and District Magistrate of Varanasi, as well as other relevant officials, asking them to take immediate steps to ensure that the young girls that have been detained, as well as Mr. Singh and other members of Guria, are given guarantees of proper treatment and security.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Guria is a human rights organization working on women and child rights in Varanasi, Uttar Pradesh. The organization pays most attention to the rights of women and young girls who are trafficked and bonded into prostitution. On 24 October 2005, Guria volunteers and the founder, Mr. Ajeet Singh, attempted to rescue at least 50 girls from Shivaspur, the red light area in Varanasi, where the trafficking of minors has been occurring.

Before the rescue operation took place, Mr. Singh called upon officers at the Maduadih Police Station to take action on this matter and rescue the minors. He was told to go ahead to the location and that police would follow shortly. By 5pm however, hours after he had arrived on the scene, the police had not come. Worried that the brothel keepers and traffickers would start hiding the underage sex workers, Mr. Singh and his volunteers began a rescue operation. By 6pm, when the police finally showed up, instead of helping with the rescue operation, they in fact hindered it. At one point the police tried to stop the Guria workers and girls from boarding buses taking them to the local police station. As a result, only 31 out of the estimated 50 girls were rescued and taken. By the time the operation was over, there were between 200-300 volunteers and Guria members involved. It received considerable media coverage (see for instance, the Hindustan Times, "Sex workers issue: Four police officials suspended").  

Later in the evening, Mr. Singh filed a First Information Report (FIR) against the four brothel keepers, complaining that they were involved in prostitution in violation of the Immoral Traffic Prevention Act (ITPA). The rescued girls were handed over to the police and it was reported that they received medical attention. It is believed that they are now being detained at either a women's detention centre or correctional facility. It is hoped that they will soon be entered into a government-run rehabilitation scheme under a national action plan.

Early the next day, October 25, an FIR was filed against Mr. Singh on grounds of trespassing, robbery, out-raging the modesty of women, rioting and unlawful assembly, among others. Out of fear for their safety, Mr. Singh and his wife are now in hiding. However, Guria and Mr. Singh are highly respected in Varanasi and it is reported that many people have been outraged by what has happened.


BACKGROUND INFORMATION:

Guria had previously attempted to rescue girls bonded in prostitution; however, after informing the police days before hand, they found out that by the time the operation was to take place, all the brothel keepers had hidden their girls away. Officers from the local police stations are known to be actively involved in assisting the brothel keepers, pimps and traffickers with their businesses.

Many Indian laws proscribe the use of prostitution, child labour and bonded labour, for instance:
- Article 23 (1) of the Constitution of India: "1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law."
- Indecent Representation of Women (Prohibition) Act, 1986
- Bonded Labour System (abolition) Act, 1976
- Child Labour (prohibition ad regulation) Act, 1986
- Juvenile Justice Act 2000: Passed in consonance with the Convention on the Right of the Child, which concentrates on the restoration and protection of childhood.
- Immoral Traffic Prevention Act: The main Indian legislation that outlaws acts such as prostitution, soliciting, and owning a brothel.

Despite the above, child prostitution and other forms of exploitation of children and women in violation of the above regulations continue to be widespread in India.

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SUGGESTED ACTION:

Please send a letter immediately to the Senior Superintendent of Police and the District Magistrate in Varanasi, urging that prompt action be taken to establish the whereabouts and ensure the safety and appropriate treatment of the 31 rescued girls. Please also call for the safety of Mr. Singh and the other members of Guria to be guaranteed. Finally, please urge the officials to take steps to see that the laws against human trafficking and prostitution in India are properly applied.


Dear ____________,

INDIA: Guarantees sought for the proper treatment and protection of girls released from prostitution in Shivaspur, and for the security of Mr. Ajeet Singh and volunteers of Guria

I am writing to voice my deep concern regarding the whereabouts and safety of 31 underage sex workers rescued by the human rights organization Guria. I am also worried for the safety of Mr. Ajeet Singh, the president of the organization.

According to the information I have been given, on 24 October 2005 Mr. Singh led his colleagues to attempt a rescue operation of some 50 girls from forced prostitution in Shivaspur. Before the operation took place, Mr. Singh called upon officers at the Maduadih Police Station to assist in the rescue of the minors. He was told to go ahead to the location and that police would follow shortly. However, hours later none had arrived and he and his colleagues were forced to begin the operation on their own, before the brothel owners were tipped off and moved them to other locations. When the police finally showed up at around 6pm, instead of helping with the rescue operation they in fact hindered it. It is reported that at one point they tried to stop Guria workers and the girls from boarding buses taking them to the local police station. As a result, only 31 out of the estimated 50 girls were rescued and taken away.

I understand that the rescued girls were handed over to the police and received medical attention. However, their exact location is since unknown and I fear they have been detained at either a women's detention centre or correctional facility. Such places are not suitable for the protection and rehabilitation of the young girls. Accordingly, I urge you to take the necessary steps to guarantee their immediate safety and appropriate treatment, such as by entering them into a government-run rehabilitation scheme under a national action plan.

I am also informed that on the evening of October 24 Mr. Singh filed a First Information Report (FIR) against four brothel keepers for acting in violation of the Immoral Traffic Prevention Act (ITPA). However, early the next day, a counter-FIR was apparently filed against Mr. Singh, for trespassing, robbery, out-raging the modesty of women, rioting and unlawful assembly, among other charges. Mr. Singh and his wife are now afraid for their safety.

Accordingly, I urge you to intervene in the case without delay. Please promptly establish the exact location and current conditions of the 31 underage girls, and ensure that they are placed in a safe and appropriate environment. Please also take the necessary steps to guarantee the safety of Mr. Singh and other members of Guria.

Additionally, I would remind you that as human trafficking and prostitution contravene not only the ITPA but also article 23 (1) of the Constitution of India, not to mention numerous other domestic laws that apply in this instance (such as the Indecent Representation of Women [Prohibition] Act and the Juvenile Justice Act) you should take all necessary steps to ensure that these laws are appropriately and fully applied under your jurisdiction.

Yours truly,



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PLEASE SEND A LETTER TO:

1. Mr. Navnee Sikera
Senior Superintendent of Police
Varanasi
INDIA
Tel: +91 54 22502655, +91 98 3950 4898 (mobile)
Fax: +91 54 2250 1450

2. Mr. Gokaran
District Magistrate
Varanasi
INDIA
Tel: +91 54 2250 8585
Fax: +91 54 2234 8313
E-mail: dmvsn@satyam.net.in

PLEASE SEND COPIES TO:

1. Mr. Yashpal Singh, IPS
Director General of Police
Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Tel : +91 52 2220 6104
Fax :+91 52 2220 6120, 2220 6174.
E-mail : police@up.nic.in

2. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234

3. Justice A.P. Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg
Lucknow
Uttar Pradesh
INDIA
Tel: + 91 52 2272 6742
Fax: + 91 52 2272 6743

4.Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Tel: + 91 11 2307 4448
Email: mailto:chairnhrc@nic.in

5. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Lucinda Ohanlon
Room 3-042
OHCHR-UNOG, Palais Wilson,
8-14 Avenue de la Paix,
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN)
Email: lohanlon@ohchr.org  

6. Ms. Sigma Huda
UN Special Rapporteur on trafficking in persons
OHCHR-UNOG
8-14 ave de la Paix
1211 Geneva 10
SWITZERLAND
Fax: (+41 22) 917 9006 (ATTN: SPECIAL RAPPORTEUR ON TRAFFICKING IN PERSONS)
Email: urgent-action@ohchr.org  

7. Mr. Juan Miguel Petit
UN Special Rapportuer on the Sale of Children
OHCHR-UNOG
8-14 ave de la Paix
1211 Geneva 10
SWITZERLAND
Fax: (+41 22) 917 9006 (ATTN: SPECIAL RAPPORTEUR ON SALE OF CHILDREN)
Email: urgent-action@ohchr.org  


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-190-2005
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.