‘Lucknow Four’ Freed!
Bail Granted to HIV/AIDS Prevention Workers Arrested under Sodomy and
Obscenity Charges: Trial to Continue
The International Gay and
Lesbian Human Rights Commission (IGLHRC), August 17, 2001
Emergency Response Network
1360 Mission Street, Suite 200, San Francisco, CA 94103, USA
Telephone: +1-415-255-8680; Fax: +1-415-255-8662
Email: iglhrc@iglhrc.org
Action Alert Update
On August 16 and 17, in two separate hearings, the Lucknow bench of the
Allahabad High Court granted bail to four arrested HIV/AIDS workers from Naz
Foundation International and Bharosa Trust. The four men, charged with
possession of obscene materials and conspiracy to commit sodomy following
police raids on their offices, had been detained for almost six weeks.
Advocates for the "Lucknow Four" express deep gratitude for the
outpouring of support from allies in Lucknow, Mumbai, Bangalore, Pune, and
elsewhere in India, as well as HIV/AIDS, civil liberties, and human rights
activists and organizations from around the world.
It is important, however, to emphasize that the trial of these HIV/AIDS
human rights defenders continues. So too does the campaign for the repeal of
Section 377 in the Indian Penal Code, which criminalizes "carnal
intercourse against the order of nature."Letters of protest are still
urged to demand the dropping of all charges against the "Lucknow
Four"; a thorough and impartial investigation into alleged police
brutality in Lucknow and police misconduct related to this case; sensitivity
trainings for police to familiarize them with issues of sexuality and
HIV/AIDS, as well as with general standards of non-discrimination; and the
amendment of the Indian Penal Code to end the criminalization of consensual
homosexual behavior between adults.
See IGLHRC’s original action alert in this case for information on the
case: "India: Demand the Immediate Release of HIV/AIDS Prevention Workers
Detained Under Sodomy and Obscenity Laws," July 25, 2001 http://www.iglhrc.org/world/s_asia/India2001Jul_2.html
Action
Letters of protest should continue to be addressed to the following
authorities:
Shri Atal Behari Vajpayee
Prime Minister of India
3 Race Course Road
New Delhi 110001
India
Fax: 91-11-301-9545 or 91-11-301-6857
E-mail: vajpayee@sansad.nic.in
Shri L. K. Advani
Minister of Home Affairs
Ministry of Home Affairs
North Block, Central Secretariat
New Delhi 110 001
India
Fax: 91-11-301-5750 or 91-11-301-7763
E-mail: Mhaweb@mhant.delhi.nic.in
Justice V. S. Verma
Chairperson
The National Human Rights Commission
Sardar Patel Bhavan
Sansad Marg
New Delhi 110001
India
Fax: 91-11-334-0016
E-mail: nhrc@ren.nic.in
National AIDS Control Organisation
Ministry of Health & Family Welfare
Government of India, 9th Floor
Chandralok Building, 36, Janpath,
New Delhi 110 001
India
E-mail: asec-jvr@hub.nic.in
Smt Sonia Gandhi
Leader of the Opposition
10 Janpath
New Delhi 110001 India
Fax: 91-11-301-8651
E-mail: soniagandhi@sansad.nic.in
The Hon. Raj Nath Singh
Chief Minister
Government of Uttar Pradash
5 Khalidas Marg
Lucknow, Uttar Pradesh
India
Fax: 91-522-230-002
Gen. Mahesh Chandra Dewedy
Director-General of Police
Uttar Pradesh State Police Department
1 Tilak Marg
Lucknow, Uttar Pradesh
India
Fax: 91-522-206-120
Permanent Mission of India to the United Nations
The Hon. Karmalesh Sharma, Ambassador
Mr. Asith Bhattacharjee, Counsellor
Fax: 1-212-490-9656
E-Mail: india@un.int, indiaun@prodigy.net
Please send a copy of letters to: Nazfoundint@hotmail.com
Sample Letter
Dear . . .
I am writing to express outrage regarding the recent arrests and detention
of HIV/AIDS prevention workers employed by Bharosa Trust and Naz Foundation
International, non-governmental organizations promoting sexual health among
the population of men who have sex with men, in Lucknow, Uttar Pradesh. I am
writing to demand the dropping of all charges in this case. In addition, I
urge a thorough and impartial investigation of reported incidents of police
brutality against sexual minorities as well as police misconduct related to
this case. Lucknow and Uttar Pradesh state must institute trainings to
sensitize police to issues of sexuality and sexual conduct, in order to
prevent discriminatory or abusive behavior. Finally, India must amend or
abrogate Section 377 of the national Penal Code to decriminalize consensual
sexual relations between adults.
On July 7, 2001, police in Lucknow raided the offices of Bharosa Trust and
the Naz Foundation, seizing HIV/AIDS prevention material, including
educational brochures, videos, and condoms. The Senior Superintendent of
Police concluded that both agencies were running "gay clubs" and
spreading gay culture throughout Lucknow. Police arrested the Director of the
Naz Foundation International (NFI) office, who also serves as acting Director
of Bharosa Trust, along with all the staff of Bharosa and two additional staff
of NFI. All staff were charged with conspiring to commit "unnatural
sexual acts" under Section 377 of the Indian Penal Code (IPC), read with
Sections 120b (conspiracy) and 109 (abetment) of IPC.They were also charged
under Section 292 of the Indian Penal Code (sale of obscene books), Section 3
and 4 of the Indecent Representation of Women (Prohibition) Act, 1986
(prohibition of advertisements or publication containing indecent
representation of women), and Section 60 of the Copyright Act, 1957 (remedies
in the groundless threat of legal proceedings). The arraignment and initial
bail hearing took place without the formal presentation of a police report.
These staff were engaged in legitimate, life-saving HIV/AIDS interventions
among populations of men who have sex with men. Both Bharosa Trust and Naz
Foundation International are recognized by the Uttar Pradesh State AIDS
Control Society as well as the National AIDS Control Organization (NACO),
which has made the highly vulnerable population of men who have sex with men a
public focus of its national project implementation plan. The use of police
force to raid agencies and arrest staff engaging in government-sanctioned
HIV/AIDS prevention activities—the conflation of this educational activity
with abetting, spreading, and conspiring to commit sodomy—reflects ignorance
and prejudice masquerading as enforcement of the law. The charges related to
possessing obscene materials are unfounded: the Behavior Change Communication
(BCC) materials confiscated by the police in both offices are designed and
used solely for the promotion of safer sex and the prevention of HIV/AIDS.
Thus these materials are clearly covered under the exception enumerated in
Section 292 of the IPC relating to "possession for educational
purposes." Finally, Sections 377 and 292 of the IPC cannot override the
rights to health and life, enshrined in Article 21 of the Constitution. India
has the second highest number of people living with HIV (3.7 million,
according to the United Nations) in the world.Invoking these laws to prevent
HIV/AIDS interventions with any recognized high-risk group puts those lives at
risk. It violates fundamental rights and is unconstitutional.
It is also crucial to recognize that the continued existence and
enforcement of Section 377 of the Indian Penal Code violate international
human rights law. Section 377 stigmatizes an already-vulnerable population: it
encourages police brutality toward men who have sex with men and gay men in
public areas, as well as the intimidation of lesbians and women who have sex
with women. In 1994, the United Nations Human Rights Committee affirmed in its
decision Toonen v Australia that the criminalization of same-sex sexual
relations between consenting adults violates Articles 2 (equal protection) and
17 (right to privacy) of the International Covenant on Civil and Political
Rights (ICCPR). India ratified the ICCPR in 1979, and is bound by its
provisions. We urge you to bring the Indian Penal Code toward conformity with
international law by supporting proposals by the Indian Law Commission (172nd
report) to eliminate Section 377 altogether, while making IPC provisions on
rape gender-neutral in order to criminalize sexual abuse of male children and
male-male rape. Only this will adequately protect the right to bodily
integrity of vulnerable individuals, while ensuring the rights to privacy and
non-discrimination for consenting adults.
Thank you for your concern for human rights of all people in India. I look
forward to your written response informing me of your intended course of
action.
Sincerely,
###
About IGLHRC
The mission of the International Gay and Lesbian Human Rights Commission (IGLHRC)
is to protect and advance the human rights of all people and communities
subject to discrimination or abuse on the basis of sexual orientation, gender
identity, or HIV status.
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