Press statement from Mumbai on Lucknow incident

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Press statement from Mumbai on Lucknow incident

Press statement issued in Mumbai after consultation with NGOs in a meeting

called by Lawyers Collective

We, the undersigned, are deeply concerned and disturbed about the events that

have taken place in Lucknow leading to raids on the Non Governmental

Organisations (NGOs) and the arrest of the activists of the NGOs. From the

facts that have emerged, the police action is extremely high-handed and totally

unjustified, apart from it being violative of the fundamental rights of the

activists working with sexual minorities, in particular, the community of Men

who have Sex with Men (MSM).

On 7.7.2001, raids were conducted on the basis of an FIR filed with the

Hazratganj police station in Lucknow, wherein it was alleged by the complainant,

Rakesh, who claims to be a malishwala that he met one Suresh, in a park near the

GPO, Lucknow, who asked the complainant to accompany him to his house for a

massage for some money. However, it is alleged in the complaint that Suresh

stopped his vehicle on a deserted road and sodomized him. The police then

raided the park, which is frequented by the MSM community and arrested a few

people.

One arrested was a worker from Bharosa, a NGO, who was on outreach work there,

delivering safer sex messages. Thereafter, the police raided the offices of

Bharosa and Naz Foundation International (NFI) and seized some material from

there, which were used to educate people regarding safer sex. In all, the

police have arrested nine people (four of them belonging to the NGOs). The FIR

is registered under section 377 IPC (unnatural offences) r/w Section 120B IPC

(punishment for criminal conspiracy), Section 109 IPC (punishment for abetment),

Section 292 IPC (sale etc of obscene books), Section 3 and 4 of Indecent

Representation of Women (Prohibition) Act, 1986 (prohibition of advertisements

or publication containing indecent representation of women) and section 60 of

the Copyright Act, 1957 (remedies in the groundless threat of legal

proceedings).

All the above offences under which the activists and others are arrested are

bailable. However, shockingly, no bail has been granted. As a result, since

8th July 2001, the people have been in custody. This is gross violation of the

fundamental rights of those arrested. The action of the police has to be

condemned and deprecated. It is clear that the purpose behind the arrest is

only to harass the people who are actively engaged in spreading safer sexual

health awareness programmes among the MSM community and curtail the activities

carried on by the NGOs. Importantly, the National AIDS Control Organisation

(NACO) and the State AIDS Control Societies (SACS), as part of their programmes,

have also supported organisations doing similar work, which convey safer sex

messages among the MSM community.

The arrests by the Lucknow Police are actually an impediment to the HIV/AIDS and

sexual health programmes, and they have to be condemned in the strongest term.

Rather than preventing the spread of HIV, the action of the Lucknow police will

promote the spread of HIV. We call upon NACO and SACS to intervene in the

matter and persuade the UP Government and police about futility of their action.

We believe that no instance of child sexual abuse should be condoned and it has

to be deprecated in the strongest of terms, if any substance exists in such

allegations. There have been allegations by the local press in Lucknow about

child sexual abuse.

However, there appears to be not an iota of evidence to show that there was any

instance of child sexual abuse. Even the police have nowhere in their FIR made

a mention of child sexual abuse. We also believe that Section 377 IPC is an

antiquated provision of law. Acts covered by Section 377 were never an offence

in India prior to the British Rule. The Britishers introduced this section in

the Indian Penal Code and is one of their legacies they left behind. We have

carried on the British Legacy, even after the British themselves have changed

their laws on unnatural offences and sodomy.

It is high time we change our attitudes and repeal Section 377 IPC. This has

become a source of harassment of activists working in this sensitive area and

preventing interventions among the MSM community. We call upon the Lucknow

police to forthwith release the activists and drop all charges against them.

Mumbai Dated 13th July 2001. (The statement was signed by 28 individuals)

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Messaage forwarded by Aditya Bondyopadhyay

E-mail: <adit_bond@...>