Wishing a Happy National Girl Child Day 2018

Minor Girl sent by own father for sexual abuse

It is sad how cases of sexual assault and rape are so common these days that they don't really shock us anymore. However, the series of events, the reasons behind the assault, and well, the brutality never ceases to send chills down one's spine.

One such case is that of a minor girl from Kerala, who was reportedly raped by six men!

That's not it.

As per a report in The Times of India, she was sent to alleged abusers by-her own father!

Yes, you read that right. The physically challenged man helped one of the accused (Athira aka Gloria, 24) to take the minor out and the reason is as shocking as his act.

"Athira used to pay the father money to buy alcohol. The dad was aware of Athira's intentions when he took the child from home at night to several places.

He has been remanded," said DYSP Alappuzha, PV Baby, who is investigating the case. The official also added that the father, an alcohol addict was paid a sum of Rs 300 for doing so.

What's also shocking is the fact that two of the other five abusers (Nelson Thomas, 40; SI KG Laiju, 38; Jinumon, 22; and Prince, 28) are government officials! While Thomas happens to be a civil police officer attached to Narcotics Cell, Laiju is a Mararikkulam probationary sub-inspector!

Needless to say, they have been suspended and the accused have been booked under Sections 342 (wrongful confinement), 363 (Kidnapping), 366A (Procuration of minor girl), 370 (Trafficking) and 34 of the IPC, besides relevant sections of the Juvenile Justice Act and Protection of Children against Sexual Offences (POCSO) Act.

"The accused persons were arrested based on the statements of the girl and the main accused Athira. Our search is still on," said the DSP.

However, as per a report in the Deccan Chronicle, members of the Kerala Students' Union (KSU) marched to the DYSP's office on Saturday, alleging that the officials were trying to save the accused high-rank officials. They also demanded that the case should be investigated only by a team led by an IG rank officer.

Minors abused in Ashram

Famous lyricist and poet Vairamuthu alleges that his words have been twisted in regard to the Andal controversy, more abuse has come his way over the last two days. This time however the source of malice is shocking - children who are part of the ‘Swami’ Nithyananda Ashram. 

In multiple videos, doing the rounds on social media, girls and boys are seen using expletives, many sexual in nature, as they question the lyricist's comments on Andal, an Alvar saint. This has generated anger amongst the general public, which has found the use of children in such a manner objectionable. Following this, prominent activist Piyush Manush has written a complaint to the Karnataka police demanding that action be taken under the Protection of Children from Sexual Offences Act (POCSO). Nityananda’s main ashram is situated at Bidadi in Ramanagara district of Karnataka.

In a 19 minute video, a teenage girl dressed in saffron says, "I got up and finished puja. So I decided to specially add something on Vairamuthu. A crowd here is waiting to abuse you (Vairamuthu)."

The crowd that she refers to is in fact younger girls who are looking into the camera eagerly. When the teenager pans the phone to show these minors, they begin shouting expletives at the phone.

The teenager then comes back on frame to say, "He (Vairamuthu) has 10,000 mistresses. There are people who don't even have one. I am asking you, you are making 16 year old girls talk like this..."

The minor that she refers to then says, "We should hit their (Vairamuthu's) women in the middle of the road to teach them a lesson."

In another video posted in the second week of January, she introduces herself as the ‘princess’ of Nithyananda ashram and says that she is a 16-year-old.

A video compilation of abuses from his followers shows two young boys using explicit language which is sexual in nature. Someone facing them seems to be further prompting them through the tirade. The young boys say "What if we talk this way about your mother?" before going on to use objectionable language.

Other videos show older disciples taking turns to abuse the lyricist. In his complaint to the Director General of Police (Karnataka) Piyush says, " I am writing this with deep distress after watching a few videos being circulated in the social media widely featuring children and others housed and schooled in Swami Nithyananda ashram, Bidadi, Karnataka. I am attaching a FB link for your good offices to purview the link and examine for yourself the sexually explicit content in which children have put to use to perform in acts that they in their age will never be able to comprehend the effects thereof. Even if it is claimed that it is a willful act of the children the said institution needs to be taken to task as custodians of the young minds."

He has demanded that a case be filed against the ashram and Nithyananda. In addition to this, he has asked the police to also consider the Misuse of Religious institution Act.

"In the publicly circulated material they have attacked individuals and their families, misused their permissions of conducting educational activity, violated laws pertaining to disturbing peace and tranquility amongst communities as they have been asking and inducing people to act against Muslims and Christians etc.. Above all the acts that children have been filmed to be engaged in makes it makes a clear case for the institution of Swami Nithyananda," says the complaint.

An expert TNM spoke to said that making children do such videos is liable for prosecution under Section 23 of The Juvenile Justice (Care and Protection of Children) Act, 2000.

What is also disturbing are the comments posted by people under these videos uploaded on Face book, YouTube etc. Many have posted sexually loaded comments targeting these minors. In another video, the 16-year-old Nithyananda disciple points out that the reactions to her video can be considered as child sexual abuse.

When TNM contacted BJP sources over their views on this malicious campaign against Vairamuthu, a leader on the condition of anonymity says, "They are lowering the impact of our campaign. The overwhelming majority of people from the BJP are critical about what the Nithyananda disciples are doing. They represent the extreme Hindu fringe groups and bring a bad name to Hinduism. There are so many videos and the intention seems to be to gain some mileage. It is unfortunate and reflects badly on the religion."

Another BJP leader further says, "We don't want anything to do with them and have always kept our distance."

BJP leaders however agree that Nithyananda could be trying to gain some political capital by trying to side with the BJP and other Hindu groups against Vairamuthu.

Prominent writers, actors and several others have, however, openly condemned the activities of the Ashram. 

 In a tweet on Sunday, actor Prasanna said, "Honestly the ones degrading the Hindu religion are the followers of Nithyananda. This is a group that must be destroyed. Sudikodutha sudarkodi (Andal) must burn these people."

Trans national feminist collective working on Shortcomings of Penal Policies

​

Jasmine George <jasmine.lovelygeorge@gmail.com> Jan 14 (3 days ago)

This is really important ! I willing to help with this webinar in any capacity!

Meanwhile sharing a webinar which was conducted by RESURJ : Trans national feminist collective working on Shortcomings of Penal Policies in Addressing Sexual and Reproductive Rights Violations : https://www.youtube.com/watch?v=-sjDkvF-tMw#action=share. I have been working with them on developing more work around this theme! 

Copy of their statement : http://resurj.org/sites/default/files/2017-07/Shortcomings%20of%20Penal%20Policies%20Meeting%20Statement-English.pdf


Jasmine Lovely George
Creator
Hidden Pockets
www.hidden-pockets.com
https://www.facebook.com/hiddenpockets
https://twitter.com/Hidden_Pockets

Andhra Pradesh mulls law to criminalise sex buyers

Andhra Pradesh mulls law to criminalise sex buyers

Monday January 15, 2018 10:23 PM, ummid.com & Agencies

Hyderabad: In a first, Andhra Pradesh is exploring the option to criminalise sex buyers in order to address the core of the problem of sex trafficking.

According to reports, the AP government on Friday appointed a panel of legal experts and campaigners to study anti-trafficking laws that could be applied to buyers of sex, and to make recommendations within 60 days.

"The sex buyer, who generates the demand and is at the core of the problem of sex trafficking, often escapes the law," Times of India reported citing a government order issued by the department of Women and Child Welfare Department.

"AP becomes the first state to explore the option of criminalizing demand for flesh trade," said anti-trafficking activist Sunita Krishnan, who will be on the seven-member advisory group.

"Girls will continue to be sold until buyers are criminalised", she added.

She also appreciated Andhra Pradesh Chief Minister N Chandrababu Naidu for "thinking bold" and standing up for the safety of women and children.

Of an estimated 20 million sex workers in India, 16 million women and girls are victims of trafficking, according to a 2013 report called by four non-profit groups, including Dunya and the Omidyar Network, according to Reuters.

Public calls to criminalise those paying to have sex with children have increased recently, and BJP leader Shaina NC set up a change.org petition last month to seek tougher action.

"Children are being preyed upon by men who sometimes pay as little as Rs.100 to have sex with a minor", Shaina says in her petition which so far has been signed by more than 123,000 supporters.

"And these are the men, the customers, who sustain the organised crime of pushing children into prostitution.

"From red light areas to online portals and even private guest houses and apartments, the places where this exploitation takes place keep changing but what has remains constant is the demand.

"As long as there is demands from the customers, this horrific illegal trade will continue.

"I want these men to be arrested so that the society knows their true face and we can safeguard our children against these predators", Shaina NC says in the petition.

In A First, Andhra Pradesh To Criminalise Sex Buyers

There are strict laws against human trafficking, sexual abuse and operating brothels. Pimps, brothel managers and traffickers are often prosecuted. Yet, those who buy sex from people forced to work in brothels, including children, rarely face charges.

All India | Reuters | Updated: January 15, 2018 18:04 IST

MUMBAI:  Andhra Pradesh will become the first state in the country to target people who purchase sex in brothels as part of a crackdown on the sexual slavery of women and children, authorities said.

There are strict laws against human trafficking, sexual abuse and operating brothels. Pimps, brothel managers and traffickers are often prosecuted. Yet, those who buy sex from people forced to work in brothels, including children, rarely face charges.

That needs to change, authorities say.

"People who purchase sex go scot free," said H Arun Kumar, the state government's commissioner for women's development and child welfare.

Andhra Pradesh last week appointed a panel of legal experts and campaigners to study anti-trafficking laws that could be applied to buyers of sex, and to make recommendations within 60 days.

Panel member Sunitha Krishnan pointed to a section of the Immoral Trafficking Prevention Act, which says charges may be applied to a "person who carries on prostitution and the person with whom such prostitution is carried on".

Campaigners say that anti-trafficking efforts will not work as long as police fail to target people who visit brothels where sexual slavery occurs.

"The buyers are the ones creating the demand," Ms Krishnan said. "Girls will continue to be sold until buyers are criminalised."

Of an estimated 20 million sex workers in India, 16 million women and girls are victims of trafficking, according to a 2013 report called by four non-profit groups, including Dunya and the Omidyar Network.

Public calls to criminalise those paying to have sex with children have increased recently, and a politician from BJP set up a change.org petition last month to seek tougher action.

© Thomson Reuters 2018

AP Govt appointed a committee on ITPA

respected members of committee 

Greetings from HELP & NATSAP

This is so pleasant to know that, the Govt of Andhra Pradesh has appointed a committee to suggest constructive measures to prevent trafficking as well as to ensure convictions to traffickers. Further, it is very happy to know that, you are also has been appointed as one of the members of the said committee.

As you know very well that, HELP organisation has initiated “victim/witness protection services”  under the aegis of CID of AP (Circular from ADGP, CID-AP,  C.No.3126/c14/wpc/cid/06 Dt. 05.02.09)  which is first of its kind so as to prevent trafficking and facilitating the conviction of traffickers. Accordingly, we have provided care and protection services to the rescued girls and women of trafficking from Guntur, Prakasam and Krishna districts and facilitated successful deposition in Hon’ble Court of Law. Consequently, we were able to facilitate conviction to nearly 15 traffickers and customers who have been sentenced from 5 to 7 years.

In addition, we have conducted an analysis/study in 2012 on factors behind low conviction rate and also to find out the gaps in delay of trial through collecting judgment copies of cases from 25 rescue operations carried out from 2007 to 2010 under the aegis of Sri. Umapathi, IPS, IG – CID of A.P during the inception period of AHTUs in the state.

We herewith attached (link) the study reports of above cited analysis for your kind reference and worth perusal. We humbly request you to please go through these study reports so as to have a comprehensive idea on the situation leading to low conviction rate of traffickers in the state. Further, we submit that, it will be very effective if you have interacted with the public prosecutors to find out key lacunae at the places where there are low convictions and higher amount of trafficking cases registered in the state.

Thanking you sir,

Yours sincerely,

Ram Mohan NVS

Secretary 

https://drive.google.com/file/d/1UQX4RBTSgsNCG1jtRensgfE-5-ByMKXc/view?ts=5a4de4b9

draft Anti Trafficking bill 2017

dear friends

Pl find the bellow link about latest Draft Anti-trafficking bill 2017 for your ready reference

https://drive.google.com/file/d/1Luyr2ae2r33g9dhIabIvnN-Xc__PIGyj/view?ts=5a4cbe7c

we request you to send your valuable suggestion/comments on this bill

with kin regards

S.PAVAN KUMAR
Communication Ofiicer - HELP 

Appeal to Minister of W&CD, New delhi

To,

The Minister,

Ministry of Women and Child Development, Government of India

Shastri Bhawan, 

New Delhi

Respected Madam,

Sub: Request to upload the latest version of the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill in public domain

 Ref: http://wcd.nic.in/sites/default/files/Draft%20Trafficking%20of%20persons%20Bill%202016.pdf

This is a request on behalf of the undersigned organisations, working at grassroot level and academic institutions in the area of human trafficking regarding the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill.

Some of the organizations across the nation had identified the gaps in the first draft of the Bill uploaded on the Ministry’s website and made recommendations for a comprehensive Bill, when inputs were requested in September 2016. In response to the recent media reports that the Bill is likely to be passed in the near future, as a group interested in the welfare of trafficked victims, we would like to contribute to the process further by way of recommendations to a revised draft of the Bill, if an opportunity is provided. However, the Bill that we have access to on your website appears to be the same that was available in September 2016. 

We request you to kindly upload the draft of the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, revised post recommendations made by the organisations.

We hope our concerns will be given due consideration.

1. HELP - Andhra Pradesh

2. NCYS - West Godawari dist

3. NATSAP - Network Against Trafficking and Sexual exploitation in AP

4. VIMUKTI - Victims collective

5.  RAIDS - Kadapa Dist

6. HANDS - Ananthapuram Dist 

7.  RISE - Chittoor dist.

8.  KESALI - Vijawanagaram Dist 

9. Star Society - Kurnool dist

10. SWEEP - Srikakulam dist 

11.  vishaka Balala Hakkula Vedika - Vishaka Dist

We look forward to an early response.

With kind regards

Ram mohan NVS

Secretary

Introducing Sexual Offenders’ Registry

Examining the Proposal of Introducing Sexual Offenders’ Registry/Notification System for India: Following years have witnessed the resurfacing of an old demand for a nationwide Sex Offenders Registry.

What should concern us here is the fact that experience and research on the existing systems abroad prove that the SOR has little utility in curbing sexual offences or making the social environment safe for children. On the other hand, as a total package it is a hugely counterproductive, draconian and regressive measure that shall convert the stray sexual offender into a habitual criminal for whom crime is the only career left.

It is imperative that before our Government pays a serious heed to the demand for a Sexual Offenders' Registry, we should also take a look at all the reasons why it is NOT a good idea!.

We here with attached one of senior social scientist and Prof. Dr. Pravin Patkar analysis on this issue for your ready reference and your valuable comments 

http://pravinpatkar.blogspot.in/2017/12/examining-proposal-of-introducing.html 

path-breaking recent Supreme Court judgment related to a case under the Immoral Traffic (Prevention) Act, 1956.

Dear Sir / Madam,

It is our privilege to share with you a copy of a path-breaking recent Supreme Court judgment related to a case under the Immoral Traffic (Prevention) Act, 1956.

A notification issued by the Government of Karnataka under the ITPA, requires a Special Police Officer to conduct investigations into a case. In an August 2010 case (R.A.H Siguran v Shankare Gowda), the respondent filed an application on the ground that the Investigating Officer was not competent to investigate. The High Court of Karnataka allowed this petition.

We would like to draw your attention to this case because the Hon’ble Supreme Court set aside the High Court order quashing the proceedings for invalidity of investigation. In its order, the Supreme Court said that the illegality in the course of the investigation does not affect the competence and the jurisdiction of the Court for trial, that there was no miscarriage of justice, and directed the trial court to proceed with the matter.

We believe this judgment promises to empower appellants and change the way cases under the ITPA are heard at courts across India.

Advocate Adrian Phillips and Advocate Liyi Marli Noshi, Legal Counsel at Justice and Care represented the petitioner (R.A.H Siguran) in the above case.

this is for your kind information 

Dear All,

New year greetings to all!

We, a few organizations from AP have decided to send a letter to the Ministry, requesting to upload the latest draft of the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill in public domain, given the confusion with regard to multiple drafts floating around in public domain. Please find attached the draft of the same.

We will be sending this letter to the Ministry on Jan 4th, if there is anyone who wishes to endorse this letter, kindly let us know. Also, please feel free to use the template to send it on your own letter head.

Thanks,

S.Pavan Kumar

Communication Officer

HELP