[Reader-list] Appeal for action from Varanasi

[Ravikant]

Apologies for cross-posting. The following letter is self explanatory. This is 
from a friend who has been running Varanasi-based pro-sex workers NGO called 
GuRiya for years and is at the moment being harassed by the local authorities 
in the 'jiski-laathi-uski-bhains' Uttar Pradesh. Please circulate widely. 

Ravikant



Appeal for action
  ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM
  Update on Urgent Appeal
  
  12 March 2007
  [RE: UP-035-2006: INDIA: Girls forced into prostitution still being 
victimized in Varanasi, Uttar Pradesh; 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]
------------------------------------------------------
UP-036-2007: INDIA: Human rights activists threatened not to pursue cases 
against the women traffickers
  INDIA: Threats to human rights activists; failure of criminal justice 
system; police criminal nexus
------------------------------------------------------
  Dear friends
  The Asian Human Rights Commission (AHRC) has received information that two 
human rights activists are facing death threats in Varanasi, Uttar Pradesh 
state, India for their work against women trafficking in the state. It is 
alleged that the perpetrators are the same persons who were charged for 
trafficking after a complaint lodged by Mr. Ajeet Singh and Ms. Manju, two 
human rights activists working for a local human rights group named Guria. 
The AHRC in the past had issued urgent appeals regarding this case which are 
available at UA-190-2005, UP-131-2005 and UP-035-2006. The perpetrators who 
were arrested were later released on bail. It is alleged that after being 
released on bail by producing false bail bonds the perpetrators are now 
threatening Manju calling her on her mobile telephone. It is alleged that the 
perpetrators who are well connected with the local police, administration and 
certain officers within the local judiciary obtained bail in spite of Guria's 
caution
 to the court.
  DETAILED INFORMATION:
  On 27 and 28 February 2007 Ms. Manju, wife of Mr. Ajeet Singh, a resident of 
S- 8/ 395, Khajuri Colony, Cantonment police station, Varanasi district, 
Uttar Pradesh, received several calls on her mobile telephone (near about 50) 
threatening her with death and using filthy language. The perpetrator has 
allegedly threatened Manju that they would kidnap her and her husband from 
their home and kill them. Manju received these calls on her mobile telephone 
with number + 919919780636. Due to these threats both Manu and her husband 
are living in fear.
  Manju has filed a written complaint to the Superintendent of Police of 
Varanasi, and other authorities in the state but it is alleged that the state 
police has failed to identify and arrest the persons responsible for the 
calls.
  Guria is a local human rights organization working on women and child rights 
in Varanasi, Uttar Pradesh. On 25 October 2005, volunteers and the staff of 
Guria attempted the rescue of 31 women from Shivdaspur, the red light area in 
Varanasi. The police intervened and some of the brothel keepers were arrested 
and later produced in court. The police also registered cases against Ajeet 
and Manju on false charges of trespassing into private property.
  The sequences of incidents were as follows: - on 25 October 2005 Guria and 
its volunteers facilitate rescue of 31 women from the brothels at Shivdaspur 
and hand the women over to the police. The police accept the rescued women 
and also charge sheet cases against four brothel keepers as Crime 274/2005 of 
Manduadih police station under the provisions of the Immoral Traffic 
(Prevention) Act, 1956. On a subsequent investigation into the case under 
pressure from Guria and due to wide media publicity the Manduadih police also 
registered separate crimes, Crime 279/2005 to 299/2005 against 21 accused, 
including brothel keepers and their assistants and agents under Section 3 (1) 
of the Uttar Pradesh Gangster Act on 5 November 2005. 
  On a further application filed by Guria on 13 November 2005 in follow-up, 
the Manduadih police registered yet another case against nine more persons as 
Crime 300/2005 under the relevant provisions of the Immoral Traffic 
(Prevention) Act, 1956. All these crimes, Crime 279/2005 to 300/2005 were 
registered by the Manduadih police after heavy pressure by Guria and the 
media after Crime 274/2005 was registered. In total there are 38 accused 
persons all charge sheeted on crimes connected to the complaint lodged by 
Guria against women trafficking in Shivdaspur. All these cases are now 
pending before the courts in Varanasi including the Fast Track Cases Court, 
the Court of the Special Judge – Gangster Cases and the Judicial Magistrate 
Court of Varanasi.
  Once arrested, the accused were produced before the concerned courts. Once 
produced before the courts the accused moved for bail, most of which were 
rejected by the Magistrate Court. However, they managed to bail out by 
obtaining bail from the Sessions Court, the Special Court for Gangster cases 
and also from the Uttar Pradesh High Court. 
  Guria was aware that the brothel keepers were well connected with the local 
administration and for that reason they were able to run the brothel in 
public, even though it is an offense to do so in Indian law. The brothels are 
two rows of houses in Shivdaspur area in Varanasi and it is public knowledge 
that women, including minors are trafficked from Bangladesh and Nepal and 
neighboring states to Varanasi in the pretext of legitimate jobs. Guria had 
in the past informed the local administration about the practice, but each 
time when the local police raided the brothels, the women were moved to 
discreet places and the police had to return without registering any case. 
Once the police retreat, the women reappear and the business continues. From 
several past experiences it was clear to Guria that the brothel keepers were 
well connected with the local police and that no fruitful action would follow 
if it were for the police to take any action. The very fact is that the 
police
 also registered cases against Guria and its volunteers also show how 
influential the brothel keepers are. Soon after the arrest of the brothel 
keepers, the person who was running the brothel was murdered in an alleged 
incident of encounter killing.
  The brothel keepers and the other accused who were arrested were all 
released on bail. However when Guria came to know about the bail application, 
Guria tried to intervene in the case by informing the courts that the bail 
bonds, which include details regarding immovable property held by the 
guarantees, which is a regular requirement for bail, were fabricated 
documents. In the meanwhile Guria filed an application – Special Leave 
Application – before the Supreme Court of India on 12 May 2006 opposing the 
granting of bail to the accused on the ground that if the accused are 
released on bail they would tamper with the evidence and would be a threat to 
the witnesses in the case and also that many documents produced by the 
accused in court as security for bail are fabricated and forged. The court 
admitted the application and has issued notice to the accused. However, Guria 
is certain that none of the accused will be able to be traced back and 
brought to the court.
  In India when a person moves for bail, if the court grants bail, the court 
issues a conditional order that the detainee will be released on bail 
provided the detainee produces adequate security and guarantee in court. This 
security and guarantee is an undertaking by a surety that the detainee if 
released on bail will be produced in court as and when the court requires, 
failing which the surety will be held responsible for the non-production of 
the detainee. Usually the court also insist that the surety produce records 
from the land records or revenue department to prove that the surety holds 
landed property that could be proceeded against if the surety and the 
detainee jump bail. These records usually are tax receipts or land records 
showing that the surety is in ownership and possession of the property 
mentioned in the document produced in court. 
  Dozens of such records were produced in the court to secure bail for the 
brothel keepers in this case. However, Guria being suspicious of these 
documents did their research through the land records department and they 
were shocked to know about the findings. Guria filed an application in court, 
which showed that in most cases the documents submitted by the sureties in 
court were fabricated. 
  Now that the accused have all been released on bail and that in most cases 
there is no possible process by which they could be brought back to the 
court, the cases in which they stand trial will never be adjudicated in the 
presence of the concerned accused. Since the accused enjoy complete impunity 
since they have all jumped bail and also since they are all well connected 
the chances of the local police tracing them is also limited. However, it is 
surprising to note that the concerned police officers have not taken any 
steps to investigate the matter and the courts have not taken any steps in 
spite of the fact that the courts were mislead on the face of records and the 
courts did not verify whether the securities were correct before granting 
bail to the accused.
  Now that the accused are practically free they are threatening the activists 
associated with Guria, particularly Ajeet and his wife Manju that if they 
further proceeded with the case they would abduct Ajeet and Manju and may 
even murder them.
  ADDITIONAL COMMENT:
  The criminal justice system in India, particularly the judiciary, police and 
the prosecution suffer from serious problems that makes it impossible for 
these three machineries to function as they are expected to in India. The 
courts never receive appropriate funds to function so that every court is 
crowded and the judges literally have no time to verify the veracity of 
documents produced before it. Additionally, in this case Guria allege and 
their experience confirms it that most of the accused in the case are well 
connected and it is even feared that the influence of the accused might be 
long enough to tamper with the judiciary and some judges and prosecutors. No 
practical help is expected from the police since most police officers are 
corrupt and practically there is no mechanism in place to curb corruption in 
the police department.
  There is no protection mechanism in India for witnesses so that Guria and 
its activists can expect the least from the court or from the state as 
protection against the threats they face now. If situations continue like 
this, Guria soon will find it really hard to continue their work in Varanasi.
 
SUGGESTED ACTION:
  Please send a letter immediately to the Senior Superintendent of Police and 
the District Magistrate in Varanasi and the Chief Justice of India expressing 
concern in this case.
  The AHRC is also writing to appropriate UN bodies asking for an intervention 
into the matter. 
  To support this appeal, please click here: 
  
SUGGESTED LETTER:
  Dear ____________,
  INDIA: Human rights activists threatened not pursue cases against the women 
traffickers
  Name and address of the victim: Mr. Ajeet Singh, and his wife Ms. Manju, 
residents of S- 8/ 395, Khajuri Colony, Cantonment police station, Varanasi 
district, Uttar Pradesh
Date and time of incident: 27 – 28 February 2007
Place of incident: Varanasi District, Uttar Pradesh, India
Alleged perpetrators: The accused in Crime 274/2005, 279/2005 to 300/2005 of 
Manduadih police station, Varanasi district, Uttar Pradesh, India
  I am writing to voice my concern over the alleged death threats to human 
rights activists in Varanasi for working against women trafficking. It is 
alleged that perpetrators are the same persons who were charged for 
trafficking on the complaint lodged by a local group Guria working against 
women trafficking. 
 
I am informed that on 27 and 28 February 2007 Manju, a human rights activist 
and also the wife of activist Mr. Ajeet Singh working for a local group Guria 
received several calls (near about 50) of threatening that both Ajeet and 
Manju will be abducted and even murdered if they continued working on the 
cases of the accused mentioned above. It is alleged that all the accused were 
released on bail after they produced fake bail bonds in courts. It is also 
alleged that even after the courts were notified that the accused have 
produced fake bail bonds the courts released the accused on bail and have 
taken no action against the accused or the sureties who produced the fake 
documents in the courts. It is also alleged that the accused are having good 
connections with the local administration and even with the lower judiciary 
and its officers.
  It is also alleged that the accused would never return to the court, while 
they will remain free with the help of the local police who so far has 
refrained to take any action in the case.
  I am concerned to know that the lower court as well as the police fail to 
take any action in this case were near about two dozen persons have jumped 
bail and are now threatening the human rights activists involved in this 
case.
  I therefore urge you to take immediate action into this case and order an 
inquiry so that the entire sequence of producing fake bail bonds in court and 
the continuing disappearance of the accused is investigated into. I also urge 
you to take appropriate steps so that the victims named above are given 
adequate protection pending the inquiry into this case.
  I am also informed that the Superintendent of Police of Varanasi has been 
informed that Manju has been receiving threatening calls over her mobile 
telephone. However I am concerned why the local police is taking no action 
upon the incident and is not caring to investigate into the case. I urge you 
to intervene in this incident and make sure that the local police do 
investigate into the threats Manju received on her telephone and take 
appropriate action against the accused.
  I look forward to hearing about your positive response to this serious 
matter.
  
Yours truly,
  
PLEASE SEND LETTERS TO:
  1. The Senior Superintendent of Police
Varanasi
INDIA
Tel: +91 54 22502655, +91 98 3950 4898 (mobile)
Fax: +91 54 2250 1450
  2. The Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 23383792
Email: supremecourt at nic.in 
  3. Mr. Rajiv Agarwal
District Magistrate
Varanasi
INDIA
Tel: +91 54 2250 8585
Fax: +91 54 2234 8313
E-mail: dmvsn at satyam.net.in 
  4. 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 at up.nic.in 
  5. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh 
Chief Minister's Secretariat 
Lucknow 
Uttar Pradesh 
INDIA 
Fax: + 91 52 2223 0002 / 2223 9234
  6. The 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: chairnhrc at nic.in 
  Thank you.
  
  Urgent Appeals Programme (ua at ahrchk.org) 
Asian Human Rights Commission (ahrchk at ahrchk.org) 

  
  Posted on 2007-03-12
  Back to [2006 Urgent Appeals]
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