Police harrasment of AIDS educator in cochin.

[Guest guest]

Dear Forum,

Story of 'Simple Simon' from Cochin.

Thirty four year old Simon is a peer educator at an NGO in Cochin, which works

for the legal rights of sexuality minorities and sex workers. He also moonlights

as a sex worker.

On a Sunday afternoon in February 2005, outside the Nehru Park in Cochin Simon

was approached by a friend, who asked him if he would be interested in doing a

television interview, for a regional TV

station that was doing a story on the lives of gay sex workers in the city.

After repeatedly turning down his friend’s offer Simon was approached by the

show’s producer who was waiting for the response in a vehicle parked nearby.

She offered to pay Simon Rs800 if he agreed to do the interview and promised him

the footage was for a documentary, which would only be shown at foreign film

festivals. Tempted by the offer Simon gave in.

He was asked questions about the kind of sexual favors his clients demanded, to

which he responded that most of his customers were looking for oral sex. They

also asked him what were the major problems he faced being a sexworker in the

city, he answered, “the constant harassment of police and local thugs”.

He was given a sari and women’s undergarments and asked to change into it and

strut around in front of the camera. Simon went along with the producer’s

requests, as by this point in time he was fully

convinced the footage was only going to be screened at foreign film festivals.

After the shoot was done Simon was paid Rs800 and asked to sign a receipt that

said he received the promised amount.

After collecting the signed receipt the producer asked Simon if he would lend

her Rs600, which she would return promptly. The

simpleton fell for it and the producer and her crew drove away leaving him with

Rs200 in hand.

At this point I have to add that Simon has not yet declared the truth about his

sexuality to his family (which consists of his mother and younger brother).

Simon’s mother is a single woman who works as a maid and his brother works at a

welding shop.

On the 14th of February, about a week after Simon’s interview with the TV crew,

his landlord came knockingat his door. He brought the news to Simon’s mother

that her son was on TV. He took her to his house and had her watch Simon’s

interview that was being aired

on TV. Simon was asked to leave his home and had too spent the next couple of

days and nights outside.

At 11 PM on the 23rd of February 2005, Simon walked out of a cinema, after

watching the 9 PM screening of a regional language film. He made his way down

Banerji road (in the heart of the town), to a street vendor in front of the St

’s church, at Kacheripady (about half a kilometer from the cinema). He

was about to get

himself something to eat, when a police jeep intercepted him.

There were two cops in the jeep; one was the driver and the other an officer.

The officer came out and grabbed him by the collar and asked the driver “isn’t

this the Fellow who talked about us on TV? “ Without waiting for a response he

forced Simon in the back of the

Jeep. Meanwhile Simon replied, “ Yes… when they asked me what my problems were I

said it’s the harassment from cops and thugs.”

They then took Simon to the Ernakulam north police station. It took another 15

hours and 45 minutes for him to be finally released. During his hours under

police custody Simon was brutally assaulted by two cops, one was the officer who

brought him in; the

other was another cop who was working the night shift.

He had upon his release six bruises on his back, one big one on his right

shoulder, four bruises on his upper left arm, two more on the top of his left

palm.

His pinky and ring finger of the left hand were broken. They taunted him saying

things like “You looked real hot prancing around in the sari.

Heard you say, you give your clients oral sex.” He then overheard the officer

tell the other cop “I was at home entertaining guests this evening when this guy

was on TV saying cops harass him”. Apparently the TV station had been airing the

program all week long.

Simon was kept under police custody till 2.45 PM the next day. All the while the

police did not inform him of the reason for his arrest, nor was he made aware of

his right to bail. There was no information sent to his family or friends about

his arrest. He was not fed proper food or water; he was most certainly not

treated with dignity nor offered medical treatment.

He was finally released at 2.45 PM the next day, after he informed the police

the NGO he worked for was organizing a meeting at 3 PM and he would be missed.

The meeting, the police were kind enough to drive him to, was the discussion

organized in the city on the 24th of February, on the rights of sexuality

minorities against police harassment. It was a part of the nationwide campaign

to repeal section 377 of the IPC.

One of the chief guests at the meeting was a prominent psychiatrist of the

community and a member of the center for Torture Prevention. He had Simon

admitted at the hospital where he practices. Simon recuperated at the hospital

for the next five days and left on the

29th.

His hospital bill was taken care of by the Torture Prevention center and a

complaint was filed on his behalf by the NGO he works for. The complaint was

filed at the office of one of the assistant police commissioners.

The assistant commissioner who received the complaint had the circle inspector

of the same police station where Simon was assaulted,

look into the matter. The circle inspector sent police constables to Simon’s

house to have him report to the station. Though reluctant to go at first, on the

insistence of his lawyer Simon went.

The circle inspector had the lawyer who accompanied Simon wait outside, and

questioned Simon about what he was doing out in the streets at 11 PM of the

night in question. Simon recounted how he was returning from the movie and

heading toward the street vendor when he was picked up. The circle inspector

then told Simon

how Simon himself was to blame for soliciting customers, and he should not have

been out in the street, that late into the night. He also told Simon he ought to

know better than to listen to the advice

of his lawyer, who would preach human rights, but in the end it would be Simon,

who would have to face the heat….

Simon dropped his complaint and returned to his daily life…. What else can he

do? Trust the same system that interrogates him (the victim), to conduct a fair

and impartial investigation? Or go to the sleazy press, which put him in this

situation in the first place.

Albert Kurian

E-mail:<azk1980@...>