Police purging hijras out of Bengaluru

[Guest guest]

PRESS RELEASE. Bangalore

24th October, 2008

Sangama and Karnataka Sexworkers Union along with other human rights

organizations held a press conference today, 24th October, 2008 (Friday) from

1:30pm to 2pm the Press Club of Bangalore. People who addressed the the press

conference include:

1. A. Revathi* - hijra activist and Director (Collectivisation),

Sangama

2. Sumathi Murthy* – Sufi singer, Advocacy Officer, Sangama

3. Sowmya* – hijra activist and a leader of Samara (state wide

community organization of sexual minorities and sexworkers)

4. B. T. Venkatesh *– human rights activist and senior advocate

5. Siddharth Narrain *– human rights activist and legal researcher

from Alternative Law Forum

6. B. N. Usha* – women's rights activist from Hengasara Hakkina

Sangha and official representative of Campaign for Sexual Minorities Rights

B. N. Usha said announced the actions by the Campaign for Sexual Minorities

Rights:

1. One week of continuous programs in Bangalore starting soon.

2. Massive Rally and Public Meeting in Bangalore on the National Day

of Action, simultaneous programs will be organized by various groups in

different parts of India on that day

3. Public hearing in Bangalore

Press note contents:

PRESS NOTE (24th October, 2008)

Police purging hijras out of Bengaluru

Police subject hijras and human rights defenders to illegal detention and

arrests, custodial torture and sexual assault

As India progresses, reaching out to the moon, Bengaluru has become a

dangerous city for its citizens. especially the most vulnerable, and any one who

dares to support them. In the last few weeks, there seems to be a drive against

hijras in particular and any person without a secure place of work or livelihood

security.

These vulnerable people are being arrested, beaten and harassed by the police.

In an age where street dogs and cattle are being enumerated, government

employees are getting massive pay hikes, the

transgenders are seen as totally unworthy of any attention. There is neither any

data of how many people we are talking about and a total blank on how they can

meet their basic needs to survive with dignity.

Housing, health support and ration cards are a distant dream for them. The only

recognition that these sections of society get is when they are targeted by the

police in drives like these. In our beautiful city that needs to be sold to

investors and welcome tourists there is no place for many of us. It is only

a matter of time when we are targeted.

*Arrest and Abuse of 5 Hijras:* At 11am on 20th October, police catch 5 hijras

near a traffic signal in the Girinagar police station limits and take them to

the police station. In the station, Assistant Commissioner of Police (ACP), H.

T. Ramesh beats one of them with a lathi, breaks her bangles and makes her

bleed. Police force another hijra to clean the floor of the police station.

Police later charge them with false charges under section 341 (wrongful

restraint) and 384 (extortion) of the IPC (Indian Penal Code).

They were produced before the magistrate at 7:30 pm and were sent into

judicial custody. All through this the hijras were handled by policemen and no

medical treatment is given to the injured hijra in police or judicial custody.

These 5 people were released on bail on 22nd October, 2008.

Arrest and Torture of Sangama Crisis Team Members: *On receiving a phone call

from the 5 hijras in the police detention, 5 activists of the Crisis Team

(Madesh, Dilfaraz, Savitha, Sahana and Kokila) of Sangama, a sexual minority

human rights and health organization visit Girinagar police station and enquire

about the detention of 5 hijras.

On request from the police the crisis team members go to the Banashankari police

station and meet the ACP and the Police Inspector (PI) Shivashankara Murthi to

resolve the problem.

The ACP and PI were abusive and behave in a derogatory manner without any

provocation. Their verbal abuses include " Are you a man or woman? " " Take out all

your clothes, let me check what you have there? " " Check if he is wearing an

underwear? " " Strip them " " How dare you come to my area to support hijras "

" Do you make blue films? " " Are you beggars? " " *Ganchalli thorisidhare

nimmannoo olagade haakthivi* " . The ACP slaps Dilfaraz four times and asks police

to arrest the activists and book them under *ganja-apheem* case. The PI slaps

Madesh two times. PI keeps a big wooden block on Madesh's head, the ACP said

*'Oh you have taken centre crop, I will beat you here and your head will break

in the centre'***

On receiving a phone call from the crisis team members Chandini and Rosy

(activists from Sangama) reach the Banashankari Police Station at around 3pm. At

this point the Banashankari police brutally attack Madesh and Dilfaraz with

hands and lathis, kick them and drag them into a police van and move them to

Girinagar police station by force.

When police men come near Savitha, Sahana and Kokila to hit them, the activists

warn the police of the serious consequences of policemen touching women. The

police back off. In Girinagar police station, policemen sexually abuse Madesh

and Dilfaraz in the name of finding if they were male or female. Later Girinagar

police detain Savitha, Sahana and Kokila along with Madesh and Dilfaraz.

All of them were booked under Section 143 (unlawful assembly), 145 (joining

unlawful assembly ordered to be dispersed) and 353 (obstructing government

officials in performing their duty) of the IPC. They were produced before the

magistrate at 8.45 PM and were sent into judicial custody. These 5 crisis team

members were released on bail on 22nd October, 2008.

Human Rights Activists gather at the Banashankari Police Station: *On

hearing this around 150 human rights activists and lawyers from various

organizations working on issues of women, dalits, workers, communalism,

environment, health, sexual minorities, sexworkers and so on gathered outside

the Banashankari police station. Activists tried to negotiate with the ACP and

PI unsuccessfully twice to get Madesh and Dilfaraz back. At around 7pm activists

started a peaceful protest in front of the police station and start shouting

slogans against police atrocities.

Illegal detention and Custodial Torture of 6 activists:* At 7:30pm, on the ACP's

request a delegation of 6 six activists start a dialogue with the police

officials inside the station. The delegation includes Manohar (Karnataka

Sexworkers Union, founder of Sangama), Yashoda (Karnataka Dalit Mahila Vedike),

Sumathi (Sufi singer, member of LesBiT), Jayaram (Garment and Textile Workers

Union), Chandini (Sangama), Sowmya (Samara).

The ACP and PI said 'It was wrong to hit people in our custody. We know that. We

are asked by the senior officials to beat them up.

Leave your people and go home. We will not release them even if you go to the

Chief Minister. We have orders from the senior officials to round up all hijras

on the streets of Bengaluru and book them under extortion cases. We are only

following the instructions of our seniors. You go out and do a protest in front

of Police

Commissioner's Office'. When questioned about the unlawful actions of the police

the ACP shouted 'arrest these people and beat them up'.

The ACP, PI and a few other policemen brutally hit the delegation members with

hands and lathis on their neck, legs and back and pushed them into the lockup.

At around 8:30pm ACP, PI and 2 other policemen get the six delegates out of the

lockup and hit them brutally and sexually assault 4 women and hijras. These

activists have to fight a lot even to access drinking water and toilet

facilities. At around 11pm police leave these delegates without any charges.

Lathi charge on peaceful protesters and arrest of 31 activists: *At around 7:45

pm, after illegally detaining 6 delegates, police came out and started beating

up people holding cameras and chased them away to prevent recording of any proof

of police excesses. Police declared that they were arresting the activists and

asked them to get into the police vehicles. When activists demanded the release

of the 6 delegates in the lockup, policemen brutally and mercilessly attacked

activists (women, men and transgenders).

Policemen pushed 31 activists (including 1 hijra, 3 female-to-male transsexuals,

9 women and 18 men) into a small van. They were made to suffer for 7 hours

inside a small van and were not even given food to eat. They were under extreme

stress, almost dehydrated and suffocated by this ordeal, finally they were

provided a can of water by midnight.

All of them were booked under Section 143 (unlawful assembly), 145 (joining an

unlawful assembly ordered to dispersed) and 353 (obstructing government

officials in performing their duty) and were taken to the residence of the

magistrate.

Senior advocate BT Venkatesh and a number of human rights lawyers were waiting

near the residence when the activists were brought. The police went into the

residence of the magistrate and came back and without producing the activities

they tried to take back the accused in the van.

BT Venkatesh and other advocates immediately stopped the police van and

protested this and demanded that accused be immediately produced before the

magistrate.

Police's ploy was to avoid magistrate recording the assault and violence

committed by police on the activists. At 1:30am after all the protests the

police were forced to produce the accused before the magistrate.

The magistrate informed BT Venkatesh and other lawyers that the police informed

him that they were no advocates present and that there were large contingent of

protesters. After recording the details of the assaults suffered by the accused

the magistrate directed the police to take them to Bowring hospital for medical

examinations as most of them sustained major injuries due to

police violence. These 31 activists were released on bail on 22nd evening.

Police starved these people and denied them medicines when they were in 20-hour

long police custody .

Campaign for Sexual Minorities Rights launched: *The Girinagar and

Banashankari police actions show their complete disregard to the laws of the

land. Brutal police attacks on human rights defenders and peaceful protestors is

a clear violation of fundamental rights guaranteed by our constitution. These

actions threaten our democracy itself. In this context we came together to

launch the 'campaign for sexual minorities rights' to defend fundamental rights

of sexual minorities.

The campaign will dialogue with social movements and expand public discourse for

equal rights and non-discrimination. We appeal to all democratic forces to join

us in this struggle to reform the colonial police attitudes towards hijra

community and to sensitize society on hijra issues.

Our Demands: *

1. Dismiss the guilty police including H. T. Ramesh (ACP) and M.

Shivashankara Murthi (PI); and prosecute them for the crimes (assault,

abuse, sexual assault and illegal detention) committed against human rights

defenders

2. Take immediate steps to stop the brutal police violence (physical

and sexual) against hijras and sexworkers in Bengaluru and punish the

perpetrators of violence

3. Protect the rights of hijra community for their traditional

livelihood options including sexwork and blessings, or provide them with a

reasonable option.

4. Initiate immediate measures to fulfil the obligations of the

government so that hijras and other transsexuals have access to education,

employment, health, housing, sex-change procedures, savings and credit

facilities etc.

Quote in police custody: ACP HT Ramesh keeps a big wooden block on Madesh's head

and says: 'Oh you have taken centre crop, I will beat you here and your head

will break in the centre'

Campaign for Sexual Minorities Rights No. 9 ABABIL, Patel Cheluvappa Street, J C

Nagar (MR Palya), Bengaluru - 6, India, Phone: 23438840/43, Mobile: 9845165143,

Email: advocacysangama@...

(*Constituents: *Alternative Law Forum, Aneka, Environment Support Group,

Garment and Textile Workers Union, Hengasara Hakkina Sangha, Jyothi Mahila

Sangha, Karnataka Dalit Mahila Vedike, Karnataka Komusouhardha Vedike, Karnataka

Sexual Minorities Forum, Karnataka Sexworkers Union, LesBiT, Lawyers Collective,

Openspace, Pedestrian Pictures, People's Democratic Forum, People's Union for

Civil Liberties, Sadhane, Samanatha Mahila Vedike, Sadhana Mahila Gumpu, Samara,

Samvada, Sanchaya Nele, Sangama, Suraksha, Vijaya Mahila Sangha, Vimochana and

many other individuals and organizations)

*

Living Conditions of Hijras: *Hijras are one of the most stigmatized and

marginalized sections of our society. Most of them discontinue their education

due to physical and sexual harassment in schools. Most of them migrate to big

cities and join hijra communities after their families and neighbors reject

them.

They are denied inheritance. As they cannot afford expensive sex-change

procedures they go for *nirvan* (surgical removal of penis and testicles) and

live as women. Lack of education coupled with

severe sexual harassment in workplaces denies them most employment

opportunities that are available to others. Most of them survive by the

traditional occupations of sexwork and blessings. As they need to be on the

streets for these occupations they become easy prey for the police and goondas.

They are ridiculed in public spaces – bus/train, public toilets, cinema halls,

public parks, markets, places of worship and hospitals.

They are forced to live in the slums in the city outskirts. Most of them are

denied voting rights, ration cards, bank accounts, insurance, driving license

and old age pension. They have to pay more than others for house rent and auto

rickshaw travel. They are not treated like citizens, and not even like human

beings. No wonder that most of them carry low self-esteem and depend heavily on

alcohol. Who is responsible for this? Their transgender desire or our social

intolerance?

Manohar Elavarthi

e-mail: <manoharban@...>