UPDATE (India): Protection required for girls released from prostitution and for the human rights defenders who sought to help them 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the case of the rescue of underage girls from forced prostitution launched by Guria, a human rights organization in Varanasi on 24 October 2005.

According to the latest information received, after the rescue operation, the Chairperson of the Child Welfare Committee, Ms Rollee Singh and another member, Mr. Rajiv Singh, went to the Maduhadih Police Station to speak to the minor girls but were not allowed to do so by the Superintendent of Police, Varanasi.

The rescued girls were however sent for a medical examination to the Government Hospital. Kabir Chaura, Varanasi and were then taken to the Women’s Police Station. Subsequently, those girls found to be minors (below the age of 18) were produced before the Chairperson, Child Welfare Committee on the intervention of the District Magistrate while those above that age (majors) were produced before the Magistrate.

A fact-finding team consisting of representatives from various organizations in Varanasi visited the girls in the state protection home and later told the police that two of the rescued girls had been taken away by the police. They also alleged that one of the main traffickers, Rahmat Ali had managed to escape with the help of the police.

Another fact-finding team constituted by the State Women’s Commission, Uttar Pradesh also visited Varanasi on 26 October. However, this team allegedly made the observation that there was no forced prostitution in Varanasi. This report has called for a huge outcry and criticism from the human rights groups and the media.

The AHRC now urges you to write to the Superintendent of Police and the District Magistrate of Varanasi asking them to ensure the safety of all the young girls that have been detained. AHRC also request you to write to the Superintendent of Police to immediately arrest Mr. Rahmat Ali who is alleged to be the kingpin for running brothels and engaged in other sex trade activities, including the sale of minor girls in Varanasi.  The report allegedly made by the State Women’s Commission also needs to be investigated by a separate body since its remarks have cast doubts about the intention of the Commission.

The actions on the part of the local police also need to be investigated into and the officers who showed negligence in their duty must be suspended from service until the entire investigation into this case is completed. These officers must also be brought to justice and prosecuted if found guilty of misconduct. The AHRC also urge you to call upon the local authorities so that the alleged false charges registered against the human rights activists are withdrawn forthwith and protection provided to them.

A medical board comprising of expert doctors should be constituted to determine the correct age of the girls and those that have been found to be adults should not be sent to jails but to the government protection homes. Civil society organizations should be allowed to meet the rescued girls and, with their help, a long term rehabilitation plan should be drawn up comprising the basic requirements of diet, health, counseling, and educational and vocational facilities. The government should allocate adequate resources for their rehabilitation and repatriation into society.

BRIEF REMINDER OF THE CASE

Guria is a human rights organisation working on women and child rights in Varanasi, Uttar Pradesh. The organisation 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 the 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.

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.

Early the next day, October 25, an FIR was filed against Mr. Singh on the 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 went into 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.

SUGGESTED ACTION

Please send a letter to the Superintendent of Police and the District Magistrate, Varanasi, asking them to not only ensure the safety and protection of all the detained girls but also to take steps for their rehabilitation. Please also ask them to see that the members of the rescue team are given protection. 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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