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UPDATE (India): Girls forced into prostitution still being victimized in Varanasi, Uttar Pradesh

February 24, 2006

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

24 February 2006

[RE: UP-131-2005: INDIA: Protection required for girls released from prostitution and for the human rights defenders who sought to help them; UA- 190 -2005: INDIA: Demand guarantees of proper treatment and protection for girls released from prostitution and human rights defender]
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UP-035-2006: INDIA: Girls forced into prostitution still being victimized in Varanasi, Uttar Pradesh

INDIA: Forced prostitution and trafficking of women; Accusations against human rights defenders; Government inaction
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the current status of the rescue of several girls from child prostitution in Shivdaspur, Varanasi, Uttar Pradesh, India. According to the latest information we have received, no brothel keepers has been prosecuted and in fact prostitution has continued in Shivdaspur due to lack of firm action by the District Administration. Another raid was conducted by the members of GURIA, a non-profit organization on November 13 but the police did not record any of the statement of the six girls who were rescued during the raid. Besides, little has been done for the rescued girls in order to receive protection, assistance and rehabilitation in accordance with the ITP Act up to now.

On 25 October 2005, members and volunteers from GURIA, and students of the Law Faculty rescued 37 trafficked minors. Several First Information Reports (FIR) were also registered against four brothel keepers, Rahmat, his wife Afjal, Tulsi, and Lallu. In retaliation, the traffickers then filed eight false charges against Mr. Ajeet Singh, founder of GURIA and leader of the rescue operation, which have still not been dropped. The brothel keepers were arrested on 27 October 2005 and were later released on bail.  Meanwhile, it was reported that the girls who were rescued were detained, examined and promised further assistance from the local authorities. Please see UA-190-2005 and UP-131-2005 for detailed background information of the case.

After the rescue efforts and protests by GURIA and its supporters, the District Administration has taken steps against 21 traffickers and seized some properties and bank accounts. Rahmat, the main accused in the first rescue operation, was also killed during a police encounter. However, the majority of brothel keepers are still in operation and no one has been prosecuted.

On 13 November 2005, it was found that several more girls had been brought to Shivdaspur and forced into prostitution. As a result, GURIA members immediately raided the area and rescued six more minor girls, who then received medical attention. One of the victims stated that she was physically forced into prostitution when she regained consciousness in a hotel room after her tea had been drugged. When she refused to partake in the activity, the girl was severely beaten. Another girl stated that she was a resident of West Bengal and was taken to Mumbai and eventually sold to Rahmat. A third girl reported that she was kidnapped outside her home as she was fetching water and sold in Varanasi for Rs. 10,000 (USD 225). Most of the girls stated that they were beaten on a regularly basis and wished to return home. However, none of their statements have been recorded by the police.

Up until now, little has been done for the rescued girls in order to protect their safety and rehabilitate them. The Varanasi police cordoned off the red light area in Shivdaspur, however this has only resulted in the starvation and re-victimization of women and children. For the past three months GURIA has been running a kitchen for the victims. Moreover, about 115 women have formally requested help from the NGO. This clearly points to the failure of the local government to act in accordance with the Immoral Traffic Prevention (ITP) Act, which by law guarantees assistance and rehabilitation to those who have been rescued from trafficking.

On 1 December 2005, the Central Advisory Committee held a meeting concerning GURIA’s work and prostitution in Shivdaspur with several government officials, human rights activists and even the Additional Director General of Police, UP in attendance. The Committee condemned the UP government for its inaction and supported GURIA’s work, clearly spelling out that further re-victimization of the women should be avoided at all costs.

SUGGESTED ACTION:

Please write to the officials listed below urging them to act in accordance with the ITP Act and provided the appropriate assistance, protection and rehabilitation for the rescued girls. Furthermore, the 21 persons found by local authorities to be involved with trafficking should be prosecuted and all property and bank accounts seized. Finally, the false charges brought against Ajeet Singh must be dropped.

Suggested letter:

Dear ___________,

INDIA: Girls forced into prostitution still being victimized in Varanasi, Uttar Pradesh

I am writing to voice my deep concern regarding the inaction of local authorities to address the needs and concerns of several girls who were recently rescued from child prostitution as well as the lack of prosecution of the traffickers and brothel owners in Shivdaspur, Varanasi, Uttar Pradesh.

I was informed that on 2 October 2005, 37 trafficked minors were rescued by members and volunteers from GURIA, a non-profit organization, and students from the Law Faculty. At the time, four brothel keepers, Rahmat, his wife Afjal, Tulsi, and Lallu were taken into custody but then released on bail shortly after. Meanwhile, in retaliation, 8 false charges were brought up against Mr. Ajeet Singh, founder of GURIA and head of the rescue operation. These charges have yet to be dropped.

It was also brought to my attention that currently, almost four months after the rescue occurred, no rehabilitation or assistance has been provided to the rescued girls. The Varanasi police cordoned off the red light area in Shivdaspur; however this has only resulted in the starvation and re-victimization of women and children. Under the Immoral Traffic Prevention (ITP) Act, the state government is responsible to provide protection, assistance and rehabilitation to the trafficked girls. Instead, GURIA has had to provide a regular kitchen to feed the women for the past three months. An advisory committee including several state authorities, human rights advocates and police officials also met on 1 December 2005 to discuss prostitution in the area. The committee very clearly found that the UP Government’s inaction in the matter was unacceptable and that further re-victimization of the women should be avoided at all costs.

In fact, prostitution has continued in Shivdaspur. On 13 November 2005, six more girls were rescued by GURIA and were examined. One of the victims relayed that she was physically forced into prostitution after being drugged and brought to a hotel room. When she regained consciousness and then refused the activity, the girl was severely beaten. Another girl stated that she was a resident of West Bengal and was taken to Mumbai and eventually sold to Rahmat. A third girl reported that she was kidnapped outside her home as she was fetching water and sold in Varanasi for Rs. 10,000. Most of the girls stated that they were beaten on a regularly basis and wished to return home. However, none of their statements have been recorded by the police.

Finally, I am shocked to learn that only little action has been taken against traffickers and brothel owners in Shivdaspur. The District Administration did recently take steps against 21 traffickers and seized some properties and bank accounts. Rahmat, the main accused in the first rescue operation, was also killed during a police encounter. However, the majority of brothel keepers are still in operation and no one has been prosecuted.
 
I strongly urge you to act quickly in the matter and see to it that the rescued girls are given protection, assistance and rehabilitation in accordance with the ITP Act. Furthermore, the 21 persons found by local authorities to be involved with trafficking should be prosecuted. Finally, the false charges brought against Mr. Ajeet Singh must be dropped.

Yours sincerely,


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PLEASE SEND LETTERS TO:

1. Mr. Navneet 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/ 2338 2742
Fax: +91 11 23384863
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 (ua@ahrchk.org)
Asian Human Rights Commission (ahrchk@ahrchk.org)
Document Type :
Urgent Appeal Update
Document ID :
UP-035-2006
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.