Letter to NACO: DHARNA of CSWS in Surat

[Guest guest]

Letter to NACO regarding the harrasment of sex workers in Surat from the Lawyers

Collective HIV/AIDS Unit. aidslaw1@..., aidslaw@...

Adv/sex wrk/t/835/03

Meenakshi Datta Ghosh

Additional Secretary and Project Director

National AIDS Control Organisation, Ministry of Health and Family Welfare

9th Floor, Chandralok Building, Janpath, New Delhi 110001

Re: Ongoing harassment of sex workers and the consequent disruption of HIV

prevention efforts in Surat

Dear Madam,

This is to bring to your notice the persistent harassment and persecution

being faced by sex workers in the Chakla bazar red light area of Surat and

its impact on HIV prevention and control efforts in the state. Police

violence and brutality, which began last year, has intensified in the last

one month and has created a situation of desperation and destitution for the

sex workers. A fall out of this has been the rising rates of HIV infection

among sex workers. In the light of this grim situation, we urge you to look

into the matter with immediate urgency to see that state officials refrain

from their actions which has led to gross rights violations and adverse

health and HIV outcomes.

The Chakla Bazar red light area in Surat houses over 600 sex workers, who

carry on their trade independently, catering to clients mostly migrant

workers. Historically, it is believed that sex workers have been operating

from this area for over several hundred years. A baseline surveillance

survey conducted in 2000 revealed that the prevalence of sexually

transmitted diseases (STDs) and HIV/AIDS among sex workers in the area was

as high as 40%. Since then, the Preventive and Social Medicine Department of

Government Medical College, Surat in collaboration with the Gujarat State

AIDS Control Society has been undertaking HIV prevention and control

measures including treatment for STDs, condom distribution, counselling and

testing services for sex workers and clients in the area, which is in

keeping with the National AIDS Prevention and Control Programme. This has

achieved some favourable outcomes in terms of control of HIV infection in

the community.

The police in Surat began cracking down on sex workers in Chakla Bazar in

September – October 2002 by raiding and ransacking the brothels, inflicting

abuse and violence and detaining sex workers on arbitrary grounds. Efforts

made by the Project staff to dialogue with the police remained unsuccessful.

Enforcement officials claimed that would ‘cleanse’ the area of the menace

of prostitution. Not only have the police not adhered to statutory

procedures while conducting raids and arrests, but have also violated norms

of decency and human rights, which they are obliged to follow under law as

well. In the past few weeks, the police violence has been acute. As a

result, sex workers have been evicted from the brothels and dispossessed of

their homes, belongings and livelihoods. At present, sex workers and their

children are on the verge of starvation, having not earned and consequently

eaten in days.

These coercive and punitive measures are having a negative impact on health

promotion and HIV prevention efforts among the community. The Preventive and

Social Medicine Department has recorded a fall in condom usage since the

time of police raids. Recent epidemiological findings have shown an increase

in prevalence rates of STDs and HIV among sex workers. Project surveys have

recorded a decline in the number of sex workers seeking information,

counseling, treatment for STDs and prophylaxics for HIV/AIDS. Sex workers

have admitted that in the light of dwindling number of clients, and faced

with the prospect of losing the few clients who come by, they compromise on

condom use and are compelled to engage in unsafe sex.

The situation is Surat deserves immediate attention and action on the part

of NACO and the Ministry of Health and Family Welfare. Ongoing harassment

and persecution of sex workers is affecting health seeking behaviour of

target groups and disrupting service delivery for HIV/AIDS. Arbitrary raids

and police action are leading to a near collapse of NACO supported HIV

intervention projects to reach out to marginalised and stigmatised groups

like sex workers with information and prophylaxis needed to reduce riskier

practices. This highlights the need for a review of criminal laws like the

Immoral Traffic Prevention Act that impede HIV prevention efforts and make

certain groups including sex workers more susceptible to the risk of

HIV/AIDS along with co-ordinated action between the Health and Home

Ministries both at the state and central levels. The Government of India has

committed itself to review and reform criminal laws and correctional systems

to ensure that they are consistent with international human rights

obligations and to check their misuse against more vulnerable populations in

the National AIDS Prevention and Control Policy, 2002.

The importance of protecting human rights for promoting public health has

not only been recognised in the NAPCP but is a very integral part and parcel

of the same. The creation of a conducive socio-economic environment for all

groups, particularly those at greater risk, is indispensable for prevention

and control of HIV/AIDS. Unless this is done, the objective of promoting

public health and protecting people from HIV/AIDS may never be realised.

As a group working for the protection and promotion of human rights in the

context of HIV/AIDS, we are extremely concerned about the plight of sex

workers in Surat. We urge you to intervene in the matter so that a stop is

put to the persecution of sex workers, which is jeaopradising individual and

public health.

Yours truly,

Anand Grover

On behalf of Lawyers Collective HIV/AIDS Unit

E-mail: <aidslaw1@...>

[Guest guest]

Dear Ms. Dutta Ghosh,

I wish to support the request made by Lawyers Collective for you to intervene in

the extremely grave situation created by the police in Surat, Gujarat.

But more than that I wish you to intervene so as to create a precedence that

breaks away from the usual NACO practice of developing policies and papers that

are wonderful on paper and attracts accolades nationally and internationally on

how they are protective of and promotes the Human and Fundamental rights of the

most vulnerable and marginalised populations, while keeping uncannily silent

when those policies are violated with impunity by state agents.

You are aware of the rate at which HIV is spreading in this country. Your own

surveys show that. This can only be reversed if some teeth is given to the tons

of paper tigers that NACO has so far successfully created.

You being at the helm of the HIV/AIDS movement of India, would I hope, find the

courage to stand by the words that your agency professes, and break the

silence.

Regards

Aditya Bondyopadhyay

[Guest guest]

Dear Ms. Dutta Gosh

on behalf of the NGOs working in the field of HIV/AIDS and FARS (Forum For

The Advocacy And Rights of Sex Workers) we would also join our friends in

recalling the efforts of NACO not only to be in paper in the form of

guidelines etc. but to nib the roots of creating situations towards the

transmission of HIV which is by and large quite high among the targeted

populations of the sex workers. With the financial support that NACO

possesses and the position that NACO can stand by the surveillance reports

created so far i am sure you could push for the " table turn " of the current

situation that is happening right now in Surat for the lives of the sex

workers.

There could be none other than NACO for several reasons specified

who could otherwise produce miracles for the situation that is prevailing

towards the displacement of the sex workers in Surat. We all know that the

major reasons for the sex workers to enter the trade is poverty and right of

now are we addressing any issues regarding that? We compartmentalize what we

do and just feel happy producing knowledge on HIV/AIDS among the sex workers

and quite conveniently leave the rest as to why and how they suffer living

within the trade. If we do not then address issues and refuse their basics

such as a living, in terms of a house and food etc. then how do you think

that they would be able to turn their knowledge into behavior?

I for one is only trying to look at this issue from the very basic and not

trying to look at it with complications and complaints in terms of words or

deeds!

I would be therefore very happy if you could immediately plunge into action

to see that the women and children in surat who are acclaimed to be sex

workers and who are bitten in the hands of the law to render them a safe

living just as you and i enjoy the freedom of benefits as of now.

The above being a humble request and more

Expecting you to understand our plight of helpless wish that new infections

of HIV does not occur,

regards

Shyamala Ashok

sfdrt - pondicherry

E-maiil: <aabinand@...>