Action Alert: Demand action against Bengaluru (India) Police, who brutally assaulted sexual minorities and human rights defenders

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Action Alert: Demand action

against Bengaluru (India) Police, who brutally assaulted sexual minorities and

human rights defenders

The

incident: On 20th October,

Bengaluru police brutally attacked five sexual minority activists and arrested

them on false charges when they tried enquiring about the illegal detention of

five hijras (working class male-to-female transgenders). Police illegally

detained and assaulted a large number of human rights defenders when they held

a peaceful protest against the illegal police actions. Police also arrested 31

human rights defenders on false charges.

Action:

Coalition for Sexworkers and Sexual

Minorities (a coming together of social movements and human rights groups in

Bengaluru to resist police violence and to defend sexual minority human rights)

requests you send emails or faxes to Indian authorities demanding action

against guilty police for the crimes committed against human rights defenders.

More information about the incident and the protest actions is available at http://sangamablog.blogspot.com/

Please send a copy of your letter to advocacysangama@....

A sample

letter and email/fax details of the Indian authorities is given below.

SAMPLE LETTER:

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To,

Mr. B. S. Yeddyurappa, The Honorable Chief Minister of

Karnataka

Cc,

Dr. Manmohan Singh, The Honourable Prime

Minister of India

Ms. Gandhi,

The Respected Chairperson of United Progressive Alliance

Mr. S. Rajendra Babu, The Honourable Chairperson of National Human Rights

Commission

Dr. Girija Vyas, The

Honourable Chairperson of National Commission for

Women

Ms. K. Sujatha Rao, The Respected Additional Secretary and Director General of National AIDS

Control Organisation

Mr. Subray Rama Nayak, The

Honorable Chairperson of Karnataka

State Human Rights Commission

Dr. V. S. Acharya, The Honorable Minister for Home,

Karnataka

Mr. S. Suresh Kumar, The Honorable Minister for Law,

Justice and Human Rights, Karnataka

Mr. P. M. Narendra Swamy, The Honorable Minister for Women

and Child Development, Karnataka

Mr. B. Sriramulu, The Honorable Minister for Health and Family Welfare,

Karnataka

Mr. Sree Kumar, The Respected Direct General & Inspector General of Police,

Karnataka

The Respected Project Director of

Karnataka States AIDS Prevention Society

Dear Sir/Madam,

Subject: Police harassment and suppression of rights of sexual

minorities and human rights defenders in Bengaluru

We bring to

your urgent notice the intense and targeted harassment of hijras (working class

male-to-female transgenders) by the police of Bengaluru city over the past

week. We are also shocked at the treatment meted out by the same police force

on human rights activists who sought to enquire after the mistreatment of the

hijras.

On 20th October morning, five hijras were caught by the

police and taken to the Girinagar police station. In the station, the hijras

were beaten up by the police, including the Assistant Commissioner of Police

(ACP), H. T. Ramesh. False charges under section 341 (wrongful restraint) and

384 (extortion) of the IPC (Indian Penal Code) were brought upon them. They

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

custody. All through the hijras were handled by men police and no medical

treatment was given to the injured hijras in police or judicial custody. They

were released on bail on 22nd October, 2008.

Upon receiving a call from one of the arrested hijras, five crisis team

members of Sangama rushed to the Girinagar police station. Sangama is a human

rights organization that has been working among hijras and other sexual

minorities on issues of their rights and health for the past ten years.

Sangama's crisis intervention is recognized as an effective practice by the

Indian Government through its National AIDS Control Plan III, 2006-2011 to be

emulated by organizations working with sexual minorities and sexworkers across

India. The crisis team members tried to enquire of the police about the

arrested hijras.

To the surprise of the members, they were roundly abused by the police,

and subjected to physical and verbal assault. All had their organizational ID

cards with them, but this did not prevent them from being illegally assaulted

and detained by the police at the Banashankari police station, and later at the

Girinagar police station. All

of them were accused of offences punishable under Section 143 (unlawful

assembly), 145 (joining unlawful assembly ordered to be dispersed), 147

(rioting) 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.

Around 150 human rights activists and lawyers from various

organizations gathered outside the Banashankari police station by the evening

of October 20. They tried unsuccessfully to negotiate with the ACP and the

Police Inspector to release the Sangama crisis team members. At around 7pm a

peaceful protest started in front of the police station. The police then called

in six of the protesters as delegates into the police station. The delegates

were representatives of various women's rights, dalit, trade union, sexworkers

and sexual minority organizations. The policemen then proceeded to detain the

six delegates for nearly four hours, without any drinking water or toilet

facilities, and subjected them to physical, verbal and sexual assault. The

policemen and officers also very categorically said that they knew what

they were doing was illegal, but they were following orders from the top of the

police hierarchy.

At around 7.45pm men police brutally attacked the peaceful protesters

with sticks and subjected them to physical, verbal and sexual assault. Police

crammed 31 of them into a small 12-seater police van, with no room to stand or

breathe for 7 long hours. Police tried to avoid proper production of the accused

before the magistrate to avoid protestors from complaining against assault,

abuse and torture by police. They were produced only after serious protest and

demonstration by lawyers at 1:30am. All of them were accused of offences

punishable under Section 143, 145 and 353 read with 149 (common intention) of

the IPC. These 31 activists were released on bail on 21st October,

2008.

We are shocked at the callous attitude of the Bengaluru police force, in

not only physically assaulting the arrested hijras, but also the Sangama crisis

team members, and the representatives of various sexual minorities, sexworkers,

dalit, women, trade union and other human rights organizations, who went to

enquire after them. We find that the reported assault on hijras and sex-workers

in the city has been on the increase in the last few months. They are picked up

by the police and detained or assaulted without any provocation. The statements

of the police officers at Banashankari police station clearly points to an

organized and systematic crackdown on these people. We need not point out to

you that in the eyes of the law, all citizens have equal rights, irrespective

of their religion, language, gender identity, sexual preference or employment.

Therefore the targeted attack by the police on any particular community,

whatever be the reason, is against the law that your Government is mandated to

uphold.

We therefore demand:

1.

Dismiss

the guilty police including H. T. Ramesh (ACP) and M. Shivashankaramurthi (PI);

and prosecute them for the crimes (assault, abuse, sexual assault and illegal

detention) committed against human rights defenders

2.

Stop

brutal police violence (physical and sexual) against hijras and sexworkers on

the streets of Bengaluru and punish the perpetrators of violence

We hope that your government will take immediate action to ensure that

these demands are met, and that such human rights violations do not recur in

the city.

Yours truly

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CONTACT

DETAILS:

Mr.

B. S. Yeddyurappa, Chief Minister of Karnataka

Fax:

+91-80-22253660/ 22281021/ 22253660

Email:

cm@...

Dr. Manmohan Singh, Prime Minister

of India

Fax : + 91-11-23019545/ 23016857

Email : pmosb@...

Ms. Gandhi, Chairperson of

United Progressive Alliance

Fax: +91-11-23794616

Email: 10janpath@...

Mr. S. Rajendra Babu, Chairperson of National Human Rights Commission

Fax: +91-11-23386521

E-Mail: chairnhrc@...,

covdnhrc@...

Dr. Girija Vyas,

Chairperson of National Commission for Women

Fax : +91-11-23236988

Email:

ncw@...

Ms. K. Sujatha Rao, Additional

Secretary and Director General of National AIDS Control Organisation

Fax:

+91-11-23325331

E-Mail: nacoasdg@...,

info@...

Mr. Subray Rama Nayak, Chairperson of State

Human Rights Commission, Karnataka

Fax: +91-80-22392206/ 22392207

Email: kshrc2007@...

Dr.

V. S. Acharya, Minister for Home, Karnataka

Phone/Fax: +91-80-22252536

Email: vsacharya@...

Mr. S. Suresh Kumar, Minister for Law, Justice and Human

Rights, Karnataka

Fax/Phone: +91-80-22253631

Email: suresh.sadisu@...

Mr. P. M.

Narendra Swamy, Minister for Women and Child Development, Karnataka

Fax/Phone: +91-80-22258965

Email: mandyapmn@...

Mr. B. Sriramulu, Minister for Health and Family Welfare,

Karnataka

Fax/Phone: +91-80-22256093

Email: harish.osd@...

Mr. Sree Kumar, Director General & Inspector General

of Police, Karnataka

Fax: +91-80-22215911

Email: police@...

Project Director of Karnataka States AIDS

Prevention Society

Fax: +91-80-22201435

Email: pdksaps@..., apdksaps@...