B' LORE Response to Lucknow Issue

[Guest guest]

Dear friend(s)

More than 50 people representing around 21 organisations met in

Bangalore yesterday (Thursday, 2nd August) to respond to Lucknow issue.

We felt the need to hold a public protest in Bangalore on 7th or 8th of

August. We felt the need to organise public protests all over India (Delhi,

Mumbai, Pune and in as many places as possible) on the same day. We

would be very happy if you can send your response as soon as possible,

so that we can agree on a coomon date for this.

Other issues discussed in the meeting include:

1. need to dialogue with the Karnataka state government, Karnataka State

Aids Control Society, Karnataka State Police;

2. putting pressure on the NACO to take a public stand on Lucknow issue

and

3. interacting with NHRC to get the Bharosa/NFI activists out of Jail.

We held a press conference today (3rd August 2001) at the Press Club of

Bangalore from 11 AM to 11:30 AM. Anand Grover of Lawyers Collective –

Mumbai, Ashok Rau of Freedom Foundation, Elango R. of Indian Network

of people living with HIV/AIDS (INP+), Ramdas Rao of Peoples Union for

Civil Liberties – Karnataka (PUCL-K) and Elavarthi Manohar of Sangama,

addressed the press meet. Representatives of various other groups were

also present at the press meet.

Here are the contents of the joint press statement

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JOINT PRESS STATEMENT: 3 JULY 2001: BANGALORE

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

that have taken place in Lucknow leading to raids on the 2 Non

Governmental Organisations (NGOs) - Bharosa Trust and Naz Foundation

International 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 sexuality minorities, in

particular, the communities 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 (except IPC 377). 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 also believe that Section 377 IPC is an antiquated provision of law.

Acts covered by Section 377 were ever 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 DEMAND…

1. The repeal of section 377 of the Indian Penal Code which criminalizes

sexual relations between people of the same-sex and to re-draft existing

rape laws to deal with all forms of sexual violence including sexual

exploitation of children

2. That HIV/AIDS work, especially those dealing with MSM (men who have

sex with men) and sex workers, which is being actively supported by the

Government of India and various state Governments not be interfered with

3. That cultural and moral policing be stopped. State, judiciary and the

police stop trying to criminalize people based on their personal views on

what constitutes 'Indian Morality'.

4. We call upon the Lucknow police to forthwith release the activists and

drop all charges against them.

Aids Forum Karnataka (AFK), Alternative Law Forum (ALF), Campaign for

Lesbian Rights (CALERI) - Delhi, Centre for Education and Documentation

(CED), Freedom Foundation, Gelaya - Karnataka, Indialawinfo, Indian

Network for People living with HIV/AIDS (INP+), International Services

Association (INSA) - India, Karnataka Network for People living with

HIV/AIDS (KNP+), Lawyers Collective - Mumbai, Manasa, Meljol, Nisarga

Srushti, Narmada Solidarity Forum (NSF), students of National Law School

of India University (NLSIU), People's Union for Civil Liberties - Karnataka

(PUCL-K), Sabrang, Sangama, Pedestrian Pictures, Voices

Anand Grover, San Pedro, Anita Pinto, Arti Mundkur, Arvind

Narrain, Ashok Rau, Ashwini Sukthankar, Chadrashekar, Dr. Deepti

Prasad, Dev Anand G.K, Divya R, Elango R, Elavarthi Manohar, Famila,

Florence , Ganapathi Naik, Geetha E.J, Katy Darford, Khalid, Kumara

Y, Lakshmi, Madhu, Meena C.K, Namita, Naveen, Niruj Mohan, Nithin

Manayath, Prasad H, Ramdas Rao, Ranjit, Raj, Roshan, Sanjana, Sanjay

Bavikatte, Sharada B.N, Sharavana, Siddharth, Somesh M,

, Srinivasan N, Subha Chacko, Sumathi, Suresh, Syed Aslam,

Tyler Crone, Vijayakumar, Uvaraj M

For further information, contact ALF 2865757, Sangama 5359591

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Here are the content of a leaflet distributed at the Bangalore meeting to

give background information on Lucknow issue:

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MATTERS OF LIFE AND DEATH

On July 7, police in Lucknow, UP raided the offices of two NGOs (Bharosa

Trust and Naz Foundation International) which were working on HIV/AIDS

issues, addressing themselves particularly to vulnerable communities,

including men who have sex with men (MSM) and male sex workers.

Employees of the organisations were arrested and charged with

" propagating and indulging in unnatural sex " under Section 377 of the

Indian Penal Code (IPC), read with Sections 120b (conspiracy) and 109

(abetment) of IPC. They were also charged under Section 292 of the

Indian Penal Code (sale of obscene books), Section 3 and 4 of the

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). The offices of both NGOs were

then sealed.

This action was followed by some of the country's most respected

newspapers/television channels/ internet news portals including Times of

India, Hindustan Times, The Asian Age, Aaj Tak (Hindi TV channel from

India Today group), sify.com (internet portal of Satyam Infoway) produced

prose that was purple with rage. The Times of India in Lucknow referred

with prudish distaste to the seizure of " objectionable literature, sex toys,

ointments, video cassettes and photographs " from the NGO offices. And to

what did this unsavory laundry list refer? It quickly became clear that we

were talking about the standard paraphernalia of a safer sex campaign:

condoms, spermicidal lubricant, printed and audiovisual educational

materials on safer sexual practices.

Further the arrest of the staff under Sec 377 itself was merely reported as a

matter of course with no serious objection being taken to the use of this

archaic provision to book NGOs' working on issues absolutely crucial to

the health of stigmatized and marginalized sections of the Indian people.

For example, Lucknow's SSP B.B. Bakshi, congratulated his men for

having " busted " the " gay racket " , according to the same article: " the two

organisations, Naaz and Bharosa, were running gay clubs in contrast to

the Indian culture and ethics under the garb of educating the masses about

AIDS and HIV " . Such sensational language transformed a campaign

striving to stem the spread of an epidemic -- a campaign funded,

sponsored and promoted by the UP government - into something sordid

and criminal.

The arrests of HIV/ AIDS activists for " propagating and indulging in

unnatural sex " under Section 377 are still harder to comprehend given that

just a fortnight ago, the Government of India voted to allow the participation

of the International Gay and Lesbian Human Rights Commission (IGLHRC)

at the United Nations AIDS summit in New York. The Indian delegation

expressly recognized homosexuals as a marginalized community critically

affected by the epidemic--a community deserving to have their needs

supported and, most importantly, their voices heard. IGLHRC's

representative, Karyn Kaplan, in her statement to the UN body, said: " It

would be wrong -- indeed, it would be deadly and disastrous -- not to place

human rights at the center of our responses to the HIV/AIDS pandemic. "

Why is a rights-based approach so crucial? The framework of rights urges

a country to think about the fact that its population of sex workers, or gay

men, is disproportionately affected by AIDS, and urges it to take

responsibility for the kinds of societal harassment and brutality that might

force people to have sex under cover of darkness, under less-than-safe

conditions.

The arrests have been followed by a national and international outcry with

groups in Delhi and Mumbai coming out with press statements

condemning the arrests and with groups working on issues of sexual

health and sexuality minorities' rights planning further actions. International

Gay and Lesbian Human Rights Commission IGLHRC) has come out with

an action alert pointing out to the basic human rights of RIGHT TO

HEALTH And the RIGHTS OF HUMAN RIGHTS DEFENDERS which are

being violated by the arrests. Amnesty International has also condemned

the arrests noting that it considers those arrested as prisoners of

conscience because they have been arrested solely for their activity to

promote the prevention of AIDS and protection of the right to health and

demanded the immediate and unconditional release of those arrested.

However this outcry has seemingly had no impact on the judiciary as those

arrested were once again denied bail with the judge approvingly quoting

Learned DGC [Crl.] who opposed the bail application on the ground that

" they are group of persons indulging in these activities and are polluting the

entire society by encouraging the young persons and abetting them for

committing the offence of sodomy. "

What is shocking about the entire case is the way homophobia is woven

into the texture of responses by all branches of the state. The way the

case has been constructed as against Indian culture and a polluting

influence on society systematically misrepresents and distorts the reality

of both HIV/AIDS work and the lives of Sexuality minorities in India. If this

trend is not combated it will succeed in pushing work in these area back

into the closets in which it was.

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Waiting for your response.

In Solidarity

Famila, Manohar, Nithin

e-MAIL: manohar@...

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