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Dear Friends,

Pls. find below, a joint statement issued by a groups of NGOs in New Delhi
on the Bharosa incident.

The statement is being released to the media (Lucknow and National), and
will be used to lobby with NACO, UNAIDS, donors and other NGOs for support.

Regards,

Shaleen.



Joint Statement

Sub: Recent Police raids at the Bharosa and Naz Foundation International
offices at Lucknow

Issued by: Naz Foundation(India)Trust, The Milan Project, The Sangini
Project, TARSHI, Lawyer's Collective, Nirantar, IFSHA, Jagori, CREA, CFLR
and Ankur.

Background:

On the 7th of July, 2001, the Uttar Pradesh Police raided the offices of
Bharosa Trust and Naz Foundation International in Lucknow, arrested the
staff members and closed the offices. The staff are still in jail, having
been denied bail as the police have failed to produce the case diary in
court. They have been charged under Sections 120 B and 377 of the Indian
Penal Code (criminal conspiracy to cause the commission of carnal
intercourse against the order of nature).

The Uttar Pradesh police claims it has acted in the interests of society, as
these organisations are promoting homosexuality which is inimical to Indian
cultural values. They insist that they have uncovered the existence of two
'gay sex clubs' and also claim to have seized pornographic material,
memberships lists and sex toys.

Bharosa Trust and Naz Foundation International (NFI) are non-governmental
organisation working for several years in the field of HIV-AIDS.

NFI is an organisation specialising in sexual and reproductive health of men
who have sex with men (MSM) in South Asia, providing technical assistance,
capacity building, training and support to emergent and existing
locally-based sexual health organisations for more than eight years. NFI has
found encouragement and support from among others, the Government of India,
the Joint United Nations Programme on HIV-AIDS(UNAIDS), Family Health
International and the Global Health Council. The Bharosa Trust is also an
NGO engaged in HIV-AIDS intervention with the MSM community. It's programmes
include support group meetings, outreach, counselling, a resource centre, an
STD clinic and an HIV-AIDS helpline.

The Statement:

The use of Section 377 against NGOs working on HIV/AIDS and sexual health
including those working with MSM, as has been done by the police against
Bharosa and NFI in Lucknow is a set back to HIV/AIDS prevention and control
efforts throughout the country. The Government expects NGOs to implement
programmes for HIV prevention which they do. NGOs definitely do not deserve
to be treated in this manner. This is a matter which actually concerns the
NGO community as a whole.

The Indian government recently took a stand at the UNGASS meeting in New
York supporting the inclusion of the International Gay and lesbian Human
Rights Commission (IGLHRC) at the meet, and the need to work with MSM.
Recently, the Health Minister also explicitly acknowledged the need to
target MSM in HIV/AIDS interventions.

 From the experience of organisations working on HIV/AIDS and related issues,
it has been observed that the impact of the HIV/AIDS epidemic is magnified
by the inequities that form a part of our society. A large number of groups
in the country do not have access to basic human rights including the right
to health, education and correct and reliable information. In addition,
human rights violations of certain marginalised groups causes them to be
more vulnerable to HIV. This affects not just these communities, but
directly affects the rest of society. For this reason, respect for the human
rights of all, forms the basis of the national response to the HIV/AIDS
epidemic as stated in the second phase of The government's National AIDS
Control Programme (NACP 2) of the National AIDS Control Organisation (NACO).
This is also the philosophy that guides the strategies developed and
supported by UNAIDS.

One of the groups that NACO recognises as being especially vulnerable to
HIV/AIDS, and thus requiring focussed interventions is men who have sex with
men (MSM). To counter the risk that this group of people face, NACO supports
strategies that are based on 'outreach, peer education and partnerships'. It
further provides for counselling, condom distribution and treatment for STIs
amongst MSM. A large number of groups around the country are following this
strategy.

Men who have sex with men are looked down upon by society as being deviant,
perverted, and are often accused of not being 'real' men. Section 377 of the
Indian Penal Code criminalises 'unnatural sex', which has been interpreted
to include sex between men.

This societal stigmatisation and the very real dangers of being prosecuted
drive MSM underground. Clearly, it is difficult for MSM to access the
precious few health services that are sensitive or specific to their needs,
let alone official health agencies for fear of being prosecuted and
stigmatised. In order then to make services and information more
accessible, many NGOs work with the MSM population, providing counselling
services, support groups and outreach, while maintaining confidentiality.
Some NGOs, like Bharosa, work exclusively with the MSM community.

It is necessary to point out that many MSM also have sex with women and that
a majority of them are married. This possibly exposes their wives and
children to the risk of infection. This means that interventions with MSM
must form an essential part of the response to the epidemic. What affects
MSM affects everybody.

Since the majority of reported cases of HIV transmission happen through the
sexual route it is impossible to deal with the epidemic without talking
about sex. Pamphlets, videos and magazines have been found to effectively
communicate information about routes of transmission and methods of
prevention. Promoting the use of condoms is an integral part of any sexual
health intervention programme. This requires communicating the correct
method and technique of usage. Communication material which is explicit and
sometimes graphic is often necessary. The commonly used Nirodh condom
packet, for example, has a detailed drawing inside on how to wear a condom
with graphic illustrations of the male and female organs. This may be
considered by some sections of society to be obscene, but nevertheless
serves the significant purpose of demonstrating safer sex practices. In
other words, it may at times be easy to construe BCC material as obscene.
This restricts the development of effective BCC material and hinders
necessary communication.

Nirodh may have been designed with a view to prevent the transmission of
STDs between men and women and to prevent pregnancies. That is why the
packet depicts a man and woman about to have sex. At the same time, can it
be said that the design of the Nirodh packet is aimed at promoting
heterosexuality? An NGO working with the MSM population will thus have to
use material that explicitly shows safe practises for men who have sex with
men. These NGOs are not promoting homosexuality but safer sex practices.

Just like every other person, MSM have the basic fundamental right to life
and health, to accurate information and access to services without
discrimination and fear. We appeal to all sections of society to endorse
this statement and to support interventions that attempt to make these
rights a reality.

The actions of the Lucknow police have set a bad precedent and will hamper
the work of other organisations engaged in generating awareness about sexual
health and safer practices, especially among marginalized communities. We
strongly condemn these actions and urge the state to ensure that the rights
of those arrested are protected and that similar acts of harassment and
repression do not occur in any part of the country in future.


Annexure:

Certain terms in common use in the field of HIV-AIDS intervention work:

MSM - A term used to denote the community of men who have sex with men. This
includes, not just men who identify as homosexual, but also those who
practice male to male sex without identifying as homosexual.

Support groups are meeting spaces for people with common problems and
issues to join together, share experiences and seek support. For example,
support groups for women in distress, people with alcohol or drug addiction
problems, people affected by HIV-AIDS and vulnerable groups such as
homosexual men and women.

BCC materials - BCC materials ('Behaviour Change Communication'), are
educational tools that attempt to promote behaviour change amongst certain
targeted groups. For instance, NGOs working on HIV-AIDS Intervention,
provide vital information in the form of pamphlets, magazines, books,
videos, etc. on how to make their behaviour safer. BCC material also
includes tools for demonstrating safer sex practices such as proper usage of
condoms and lubricants.

Drop-in centre - a place where people can access resources and meet their
peers in safe and supportive environments. For instance, drug users access
drop-in centres where they can receive counselling, therapy, and also
support from professionals as well as people who have experienced similar
problems.

Outreach work - involves reaching out to target groups in public and private
spaces. For instance, truck drivers in India have been identified as
particularly vulnerable to Sexually Transmitted Diseases (STDs), and can be
best reached by meeting them at the truck depots and interstate terminals,
etc, where crucial inputs on avoiding STDs are shared with them. Another
good example is the government's Mala-D programme where nurses went out into
public spaces distributing the Mala-D contraceptive pills.

Helplines - telephone helplines operated by experienced counsellors provide
information and links to resources, again to particular groups. Suicide
helplines reach out to suicidal or acutely depressed people. There are other
helplines on sexuality-related queries, on safer sex, mental trauma,
examination stress etc. Their basic aim is to provide support and
information and to link isolated people to resources which are specially set
up for their needs. The most well known helplines are 100 - to report a
crime and 102 - to call an ambulance.

HIV/AIDS helplines are crucial to effective HIV-AIDS intervention, given the
conservative attitude towards sex in India and the resultant sensitive
nature of any queries related to sex, even if about safer sex practises. In
such an environment, an HIV-AIDS helpline is an anonymous way to access
information related to safer sex.


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