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

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.

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