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From: Manohar Elavarthi <[EMAIL PROTECTED]>
Date: Fri, Oct 24, 2008 at 4:31 PM
Subject: [invites] Police purging hijras out of Bengaluru - Press Conference
To: [EMAIL PROTECTED]


  *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: [EMAIL PROTECTED]

(*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?

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