Sexual Minorities activists go on hunger strike and ask for support

Dear friend(s)

We are writing from SANGAMA, a sexuality minorities' rights organisation in Bangalore, India.

Protest letter follows.

Kokila, a 21 year old hijra (member of a traditional male-to-female transsexual community in South Asia), has been living in Bangalore City for the last 5 years. She survives by doing sex-work, the only option available to most hijras.

On 18th June, 2004 (Friday), around 8 p.m., while she was waiting for clients, she was raped by 10 goondas (all male) who forcefully took her to the grounds next to Old Madras Road. They threatened to kill her if she wouldn't have sex with them. She was forced to have oral and anal sex with all of them. While she was being sexually assaulted, two policemen arrived. Most of the goondas ran away from the scene but two were caught by the policemen. Kokila told the policemen about the sexual assault by the goondas. Instead of registering a case against the goondas and sending Kokila for medical examination, they abused her using filthy language and took her along with the two captured goondas to the Byappanahalli Police Station. They didn't even allow Kokila to pickup her trousers from the ground and she was forced to be naked for the next 7 hours.

In the Police Station Kokila was subjected to brutal torture. They took her to a room inside the Police Station, stripped her naked and handcuffed her hands to a window. There were six policemen in that room. All of the policemen were under the influence of alcohol. Many of them hit her with lathis and their hands, and kicked her with their boots. They abused her using sexually violent language. The verbal abuses include: ninna ammane keyya (we will fuck your mother), ninna akkane keyya (we will fuck your sister), khoja (derogatory word used against transgenders) and gandu (one who gets penetrated anally, a derogatory word). She was assaulted brutally by policemen and suffered severe injuries on her hands, palms, buttocks, shoulder and legs. They also tortured her sexually by burning her nipples and chapdi (vaginal portion of hijras) with a burning coir rope. One policeman of the rank of SI (Sub Inspector of Police) positioned his rifle on her chapdi and threatened to shoot her. He also tried push the rifle butt and lathi into the chapdi and saying, “Do you have a vagina, can this go inside?” while other policemen were laughing. This is to humiliate a transsexual woman by insisting that she is not a woman as she was not born with a vagina.

At around 11 p.m. PI (Inspector of Police, highest ranking Police Official of that Police Station) arrived into the room. He directed the policemen to continue the torture. The torture continued till 1 a.m. in the night. Despite begging for water she was not given any water. The police tied her up and the Inspector of Police threatened to leave her on the railway track unless she confessed to the knowledge of the robbery of a diamond ring and a bracelet. They paid no attention to her pleading that she had no knowledge of the robbery, or the person they were trying to get to implicate in the robbery.

At 1 a.m., four policemen (including PI and SI) dragged Kokila into a police jeep and took her to a hamam (bathhouse run by hijras) in Krishnarajapuram area. They physically abused her and forced her to knock on the hamam door and call the hijras living there to open the door. At around 2 a.m., they took her to another hamam in Garudacharapalya area. They broke open the lock of that hamam. They forced her to wear male clothes (shirt and trouser). They tied a towel to her head and threatened to shave off her hair. Police also searched both the hamams illegally.

At around 3 a.m., while on the way, Kokila begged the Police to take her to the house of Chandini (a hijra human rights activist) who lived nearby. The police entered Chandini’s house forcefully and searched the entire house despite severe protests by Chandini. Chandini told the policemen that they cannot enter her house at such hours and without any valid reason and her consent. When she protested, the police threatened her and her husband with dire consequences. Finally, on Chandani’s demand that Kokila be left behind, and her assurance that she would bring Kokila to the Police Station in the morning if her presence was required, the police left her residence at 3.30 am.

Kokila's complaint was registered in Ulsoor Police Station on 19th June 2004. The complaint was registered only after legal intervention and after putting a lots of pressure on various high-ranking Police Officials of Bangalore City for three hours. The IPC (Indian Penal Code) Sections in the FIR (First Information Report) are 506 (criminal intimidation – threat to cause death or grievous hurt), 377 (unnatural sexual intercourse), 504 (intentional insult with intent to provoke breach of peace), 324 (voluntarily causing hurt by dangerous weapons or means) and 34 (acts done by several persons in furtherance of common intention). Kokila has already identified four policemen who tortured her. She has also identified five goondas, who sexually assaulted her.

These are not stray incidents but are part of ongoing police violence against hijras. The level of violence has increased after hijras, other sexuality minorities and sex-workers started protesting against police brutality.

On 21st June, 2004 a meeting was held to discuss this issue, where more than 85 social activists from various organizations working for sexuality minorities/sex workers/women's/dalit/slum dwellers/human rights and trade unions participated. The organizations include: Alternative Law Forum, Dalit Christian Federation, DISC, Garment Workers Union, Jagruthi, People's Democratic Forum, Samraksha, Sanchaya Nele, Sangama, SICHREM, Social Action Committee, Stri Jagruthi Samithi, Swathi Mahila Sangha, Vimochana and Vividha.

The following demands were made at the meeting:

1. Byappanahalli Police personnel (including Ashwat Narayana - PI, Krishanappa – SI, Ramakrishna - Constable and Roshan Ali Khan – Constable) involved in torture immediately be arrested and sent to judicial custody

2. Byappanahalli Police personnel should be charged for offenses under IPC Sections 330 (voluntarily causing hurt to extort confession or to compel restoration of property), 342 (wrongful confinement), 348 (wrongful confinement to extort confession, or compel restoration of property), 456 (lurking house trespass or house breaking by night) and 461 (dishonestly breaking open receptacle containing property) read with IPC 34

3. CBI should conduct an impartial enquiry in to the incidents

4. Hijras should be declared as women

5. Repeal Section 377 of the IPC and ITPA [Immoral Trafficking (Prevention) Act], which criminalize sexuality minorities and sex-workers respectively

It was decided to go on indefinite-relay-hunger-strike from 23rd June, 2004 to press for the above mentioned demands. The indefinite-relay-hunger-strike will be carried on in front of Gandhi Statue on MG Road near Cubbon Park. We request all of you to join in solidarity against this gross violation of the basic rights of people by the police. We also request you to send letters of protest against the incidence and the police brutality against hijras to

1. Chief Minister of Karnataka,
2. Chairperson of National Human Rights Commission,
3. Chairperson of National Commission for Women,
4. Director general and Inspector General of Police, Karnataka and
5. Commissioner of Police, Bangalore City.

Please send a copy to Sangama. A model protest letter is given below.

in Solidarity

Elavarthi Manohar
On behalf of SANGAMA


Our Contact Details:

Mobile: 91 9844013413, Phone: 91 80 22868080/22868121, Fax: 91 80 22868161

Email: sangama@sangama.org, sangama@vsnl.net

Address: SANGAMA, Flat 13, 3rd Floor, 'Royal Park' Apartments, 34 Park Road, Tasker Town, Bangalore – 560051, India.


Protest letter

To

Mr. Dharam Singh, Hon'ble Chief Minister of Karnataka

Justice A. S. Anand, Chairperson of National Human Rights Commission

Dr. Poornima Advani, Chairperson of National Commission for Women

Shri T. Madiyal, Director General and Inspector General of Police, Karnataka

Shri S. Mariswamy, Commissioner of Police, Bangalore City


Dear Madam/Sir

We are shocked to hear of the brutal torture suffered by Kokila, a Hijra, on 18th June, 2004, at the hands of policemen of Byappanahalli Police Station, Bangalore, India. The police took her into custody when she was being raped that night by ten goondas near Old Madras Road. Instead of providing support and relief to her, they carried on the brutal assault at the Police Station.

This is not a stray incident but is part of ongoing police violence against hijras. The level of violence has increased after hijras and other sexuality minorities started protesting against police brutality. The police are used to treating hijras as outcasts with no rights. The police think that no hijra would dare to stand up to them. Police routinely use hijras by falsely implicating them in crimes. The vicious anger with which the police have reacted to the hijras protesting against their torture is frightening.

We demand that the policemen implicated, Ashwat Narayana (PI), Krishanappa (SI), Ramakrishna (Constable) and Roshan Ali Khan (Constable) be immediately arrested and sent to judicial custody. We also demand an impartial CBI (Central Bureau of Investigation) enquiry into the whole incidence. Only such strong measures will send the message down that human rights violations will not be tolerated any longer.

We reiterate that notions of different rights for different sets of people, and discrimination by the police against hijras and various other minority groups/communities can have no place in a civilized democracy that India claim to be.

Sincerely

Send the emails TO: cm@kar.nic.in, chairnhrc@nic.in, member_secretary@ncw-india.org, dgpks@bgl.vsnl.net.in, copblore@rediffmail.com

CC: sangama@sangama.org