WHO GOT PUNISHED- THE KNIFE OR THE MURDERER?

 I still remember that morning of February 2017, waking up at a Government Guest House in Kochi when the shocking news of well-known actor being raped in a moving car was reported.  The first thought that came into my mind was ‘This is not a normal rape; somebody is behind this’. I chided myself for even thinking that way at that moment. 

Why would anyone even think of getting another person raped in this age and time? Can a human being be filled with so much of vengeance? 

 

My own experience has been that this is not impossible. Whether it is Bhanwari Devi way back in 1992 where upper caste men raped her in front of her husband and son as a means to teach her a lesson or my own self 35 years back when I was targeted with a sexual assault as some men in the village where I was involved in a neo literacy campaign  thought I was getting too big for my boots and was influencing young girls the wrong way. 

 

After fighting sex trafficking and sex crime for over 30 years I have learnt sexual assault can be inflicted to teach a lesson, to humiliate, to build fear so that no others will raise their voice or for even a petty reason to settle scores.

 

But who could be so deeply bitter, inside or outside the film industry to target a well- known face that was a mystery!  How can anyone fall so low to commission a ‘Quotation Rape’? 

 

The days that followed, demonstrated an unprecedent awakening. The entire Malayalam film industry was forced to wake up. A first of its kind collective solidarity was openly seen in a public meeting. Emotional speeches were made; justice was demanded. 

 

As the information trickled into the public domain, things became clearer. The sexual assault was meant to be a sextortion weapon as the act was being recorded. The rapist and his five accomplice did not think that the actor will ever report this. They had planned the act not just to permanently keep the person in silence but also keep her intimidated. Their plan miserably failed as the actor not only reported but geared up for a legal battle. The profile that emerged regarding these six men was that of 'contract criminals' who committed a crime when given a contract or quotation with a pre-defined amount. 

 

But the question remained in my mind, for whom are  these 'contarct criminals' doing this? Who is behind this? What is their motive?

 

In the weeks and months that followed, the story became murkier by the minute. 

The initially arrested six men became the reason for the angle of criminal conspiracy to slowly unfold. A male actor who was also a producer and distributor became the prime focus. Just that description should be indicative of how powerful this person could be. The Special Investigation Team of Police was working overtime. 

The sensational case had shaken the public conscience in a big way and women in the film industry for the first time started speaking in a ‘intolerant tone’ indicating that women in large numbers were facing sexual harassment rampantly within the industry and require a collective platform for their voices to be heard. 

For the first time in the history of the country a’ Women’s Cinema Collective’ was founded with like-minded women and men within the film industry as an emotional and legal support system for anybody within the industry who is going through such an ordeal.  

 

This collective pushed the Government to set up a committee to study the sexual harassment faced by women in the film industry. The Government set up the ‘Hema Committee’. At the face of it, the Government was desperately trying to maintain the narrative that they were prioritizing this matter at the highest level. But time clearly showed how hypocritical this was. The Hema Committee Report after being submitted was kept under lock and key for over 4 years until public pressure pushed the Government to finally bring the edited version of the report to the public domain.  Again, due to public pressure some measures were taken, which in my opinion was pure hogwash. In any case they had to maintain pretenses for a favorable public image. 

In the meantime, some of the active members of the collective faced their own set of backlashes for the choices they made. This was clearly seen in their lesser or diminished presence in films. Sadly, even the well-wishing financiers /investors could not come forward in acts of solidarity to salvage their careers.    

 

In the meantime, the case was moving at a snail pace with multiple allegations floating everywhere. The male actor who was arrested, remanded and later came out on bail   was represented by a high-profile lawyer who was using all legal loopholes to delay the proceedings. Over 200 witnesses were being examined. Many turned hostile and that is not very surprising. 

Since the case had media attention, anything and everything was reported. Channels also had to position themselves to maintain public image. More than standing for ‘justice’ it felt compelled to play the role of the jury clearly giving their final judgement. 

The scenes inside the court were no less dramatic, with prosecutors walking out and repeated request by the survivor to change the judge. 

For nearly a decade, the survivor waited patiently for justice with never allowing despair to consume her.     

 

After 8 years, the verdict was out. The first six who appeared in the first FIR were convicted, the rest four including the actor were acquitted of all charges. Conveniently all allegations of a criminal conspiracy went for a toss! 

Some petty criminals just went about raping a high-profile person and recording the dastardly act and nobody was behind it! Is that even possible?

 

All the statements made by the convicted criminals indicates that the male actor was the conspirator. The acquitted actor vehemently denies and is threatening legal action. 

Does that mean, he will file case against the convicted six who mentioned his name and described his involvement in detail?  Does that also mean he will also go behind those who were behind his name being mentioned and had given evidence in the court?

 

Did everyone involved in this shameful case of ‘Quotation Rape’ get punished?  Or is it the same case of some lower executors getting punished and the kingpin remaining at large?

 

I hope like so many other cases like the ‘Nithari Case’ where despite dead bodies of little babies being recovered in the same house the main accused is acquitted and the truth is buried forever; does not happen in this case.

 

The truth should come out. 

Is the person now acquitted innocent?  And if he is, then who is the real culprit?

 

As a survivor, I salute this brave woman who has survived this heinous crime, was under public scrutiny for years and still did not lose hope or her drive to fight for justice. I also salute all those who stood bravely as witnesses and testified despite the real risk of retribution.

 

While saluting is just a symbolic gesture, the real solidarity will be in continuing to support the survivor to unravel the truth and expose those behind such monstrosity.      

 

 

 

       

 

 

            

FEAR AND SILENCE

 

Just yesterday, Sonam Wangchuck, the face of the relentless movement of Ladakhi’s to be recognized as a state or to be included in the six schedule was arrested. This arrest comes after violence in Leh two days back and the Government’s position that Wangchuck played a catalyst role in the same. 

I may not differ with the Government’s point of view as I was personally appalled listening to his interview with Rajdeep Sardesai on Indian Today. To my ears, it sounded as if he was justifying the violence and kind of saying that ‘you asked for this’. In fact, many of his twitter video posts for the last few days indicate what could happen if the Government does not pay heed to people’s voices. Drawing parallels of what happened in Nepal and Bangladesh in my opinion also did not sound fine. Where is the connection?   

 

Could all of that be considered as a ‘threat content’ or as the voice of a person firmly grounded with the community who is just voicing the community’s frustration?  

 

I personally do not know Sonam Wangchuck. I have only watched him from far and have always considered him as the best activist in the country who has used social media especially twitter for his movement. Through his videos we came to understand the legitimate aspirations of the community. I found him sensible and balanced giving a very clear perspective of the situation; expressing gratitude and progress when required and alerting when there was a red flag. Unlike many other activists who depending on their ideological positioning will only speak negative about others, Wangchuck differed. He would be the first person to speak and acknowledge when there was even an inch of progress coming from the other side. 

 

So, what went wrong? When MHA was continuing to hold meetings with the leaders and the channels of communication was actively open, why did Wangchuck start the protest? Was it because the explicit promises made did not seem to be going anywhere near to realization and the talks felt shallow?

 

I have great reservation when constantly the civil society movement is attacked for getting foreign funds. Any movement across the world requires funding. While our own in our country are least bothered about what happens in another country until it directly does not hit you in some way, there are many globally who think otherwise. Some of them might also have their own agendas in extending support. All of us seek funds from our own countrymen and from others in foreign shores; some more, some less. 

 

But every time when the voice of dissent is loud, actions to suppress the voice is manifested by cancelling foreign funding license is not a fair response. The unfairness lies in the fact that many activists like Wangchuck have pioneered transformative work on the ground and that should not be affected because they chose to fight for their community in a way that is now not very acceptable to the authorities.   

 

While I have no opinion to place regarding detention of Sonam Wangchuck under National Safety Act and any other criminal proceedings that the Government is planning; I can only say this creates an aura of fear regarding raising your voice even if it is the most balanced one. A well-known political leader the other day was saying ‘why is Indian diaspora in America not speaking up against H1B or the tariffs? My answer to him would be ‘fear Sir fear’. Today even the most accomplished Indian American who has contributed much to make America Great can be packed off if he/she raises a dissenting voice. 

Is that the kind of environment we want in our country. A fear that silences many? 

 

I think it is also important to reflect at such times which is bigger the ‘person’ or the “cause”. In my considered opinion the ones who are holding power should be mindful about this and ensure that the legitimate aspirations of the people of Ladakh is heard and the promises made are fulfilled. By allowing a ‘individual face’ above ‘legitimate rights’ I think it becomes a distraction tactic which should not be entertained at any cost. The people’s struggle was for a legitimate reason, and those talks should continue and quickly reach a logical conclusion that is acceptable for the people living there. 

 

Having said all this it is also important for us also to reflect why do peaceful protests that has gone on for years suddenly become violent? Why do people feel they are not heard until they don’t do something drastic to attract one’s attention? Why are genuine aspirations of the people which should be rightfully supported never given its due? Why do systems fail the citizens and they are compelled to seek more attention seeking options that will get them the negotiating space. It is not a pleasant journey when one must fight for every inch for what is rightfully yours. 

My conviction is compassionate listening, open communication and decisive action, and will go a long way in curbing explosion of violent streaks in any human being.        

   

           

What is ‘Rarest of the Rare’?

On 20^th June 2025 two major verdicts were passed in two different corners of our country. One in southern tip of Kerala and the other in the Eastern tip of West Bengal.

The one from West Bengal was a much awaited one. This is a case of a doctor being raped and murdered in a hospital. This case had generated large scale national outrage, politicized to some extent and some weird suspected foul play by the state government which was well publicized. Notwithstanding that, the Chief Minister of the state made a big show of marching on the street with protestors and generally going around promising sun, moon and stars as justice for the family. The crime was heinous, Barkha Dutt a journalist of much repute summarizes it “the doctor at RG Kar hospital was killed from smothering and manual strangulation, her body had 16 external injuries - abrasions on the cheeks, lips, nose, neck, arms and knees - and 9 internal injuries, including to her private parts”. 

The national outrage, sustained protests by the doctors, the Central Bureau of Investigation(CBI) taking over the case, the multiple political proclamation and speedy trial, all of it reassured the general public that ‘capital punishment’ will be hundred percent awarded. To everybody’s dismay the court declared that this was not a ’rarest of rare’ case and awarded ‘life imprisonment till the end of natural life’ as punishment. 

 

On the very same day and perhaps at about the same time another verdict was being passed in Kerala. This was a young woman about 24years old who had murdered her boyfriend by giving him a ayurvedic concoction mixed with a lethal herbicide. The motive of the murder was to eliminate the boyfriend after he refused to step back even after the young woman’s marriage was fixed with somebody else. The woman had made a failed attempt to kill him a month earlier which was the clinching point to award her ‘capital punishment’ by the Hon’ble Court. This conviction has the distinction of being the youngest woman to be awarded with capital punishment in Kerala. The judge in his judgement stated that the criminal mindset beyond reformation that the woman displayed makes it a deserving case for this quantum of punishment.  

 

Now the question that comes to my mind is what is ‘rarest of rare case’?  How did the first case not qualify to be rare especially considering the fact that it was a busy hospital and the young doctor was resting in a vacant conference hall. The brutality of the murder and the horrifying injuries on her private parts shook the conscience of the nation. Doesn’t this deserve the most stringent punishment that any court can award especially in a context of gender justice? For 75 years the society and the Government has struggled to ensure equitable access to opportunities for women. Women in medicine or any other professional space has come after years of sustained efforts to reduce gender discrimination. And in such a scenario if a woman that too a doctor is raped and murdered in her work place what is the impact of it on millions of parents who will now think twice to send their daughters to work?  Shouldn’t the corridors of justice also consider the cascading message that a judgement sends to perpetrators and potential perpetrators?

I am not in any way saying that the second case did not deserve a stringent punishment. The appalling criminal mindset of the woman to invite the young man to her house promising sexual intimacy and ruthlessly poisoning him which led to his death 11 days later deserves the most stringent punishment. Combined with the fact that she had made a previous attempt a month back only shows that she is a hard core criminal. But would this be a ‘rarest of rare’ case I have my own doubts.  A very interesting outcome of this judgement has been a strong lobby now demanding for a ‘Commission for Men’ on the lines of ‘Women’s Commission’ to address the grievances of men who are subjected to violence by women. That is separate matter altogether but suffice to say every judgement has a social impact which goes a long way in changing the mindset of the community regarding crime and punishment. 

 

It is high time in my opinion, for the legal luminaries to really apply their mind on what would constitute ‘rarest of rare’. Of course how one can even imagine a rarest case is beyond me but at least some clear parameters could be laid down taking into consideration the larger impact on the society and the message the judgement  should convey.

 

While I am not somebody who believes in ‘eye for an eye’ but I definitely believe that a heinous crime deserves a commensurate punishment that the legal framework provides. I also believe that a cancerous growth has to be removed whether it is in the body or in the society, there is only that much that can be achieved by curative means.   

                

WHY NIA IS THE RIGHT AGENCY TO INVESTIGATE INTERNATIONAL HUMAN TRAFFICKING CASES?

It was end of 2019 when two Bangladeshi women aged 19 years and 21 years were rescued in a sex trafficking racket in Hyderabad. It took over four months for us to build a trust relationship with the victims. When the victims started feeling comfortable, they began to share their ordeal. Both the girls had similar stories of deprivation and neglect at home. They were promised better employment with high salaries in India and were motivated to illegally cross the border. 

Trusting the agents/Dalal’s they took great risk, hoodwinked BSF and illegally crossed the border from the West Bengal front. They were guided by the Dalal’s to reach Hyderabad. It was only when they reached Hyderabad that they realized the true nature of the job offered when their mobile phones were taken away from them. They were asked to prostitute and promised a share of the earnings. When both resisted, they were reminded that they had illegally crossed the border, and they could be booked under the Foreigner’s Act and put in the jail forever.  Not knowing where to go, whom to contact or what language to communicate the women were coerced into an exploitative situation. For four months they were sent to different hotels and apartments catering multiple customers. Both the women told us that their traffickers were all Bangladeshi nationals even in Hyderabad and many other women were held captive by them. 

It was about this time that we met the NIA Hyderabad Team. The DIG Ms. Vandana, IPS had come to my office, and we had a long chat on possible ways of collaboration.  With the information that we had which was roughly verified and found to be true we went to NIA Office and gave all the information. In no time NIA swung into action. They contacted Chatrinaka Police who had rescued these two women and prepared a joint plan. Team Prajwala also became a part of the joint rescue team. 

The rescue operation which started forenoon at 11am lasted at 3am the next day and three victims were rescued. For us it was a great exposure to scientific and professional rescue operation. Although we had participated in hundreds of rescues this was unique in its thoroughness. Every single material evidence at the scene of crime was seized and preserved. 

Now we had five victims with us from the same set of traffickers. We were soon immersed in taking care of the victims, providing them the best trauma care and building a trust relationship that would be critical in their rehabilitation program. 

The NIA Team had arrested six accused of which two were women. The case was now completely transferred to NIA, and they were investigating it in earnest. For the first time we saw the investigation moving beyond the scene of crime and exploring the entire journey from source to the destination. I am aware Vandana Mam, and her team even travelled to Bangladesh to look out for the traffickers.           

We on our part had now not only the responsibility of rehabilitation but also to motivate the women to cooperate with the criminal justice system. As the women crossed small milestones in the rehabilitation program their motivation to fight for justice increased. A point came when the women unanimously told us that they will not leave the country till they have not testified in the case. 

The case which was registered 2020 came up for victim’s testimony in 2021. All the five of them faced the battery of defense lawyers and stood firm in their statement. End of 2021 after they finished their part in the court, we safely repatriated them back to Bangladesh and the NIA team with Inspector Sashirekha joined us till Binapole Border to safely hand them over to our partner Justice & Care who then continued the community-based rehabilitation efforts. The continuum of care was ensured by our civil society partners in Bangladesh.

The NIA, Hyderabad team patiently worked with the prosecutors for 4 years and ensured every single section of the law that was applied there was clinching evidence for the same.  

On 6^th November 2024 at 5 pm the Hon’ble Nampally Court pronounced the judgement finding all the six guilty of human trafficking under Sec. 370 of IPC and all other sections applied under ITPA, 1956. The six accused were convicted with life imprisonment, a first in our experience in a case of adult cross-border trafficking.

I firmly believe this path-breaking judgement was only possible because NIA was involved. The local police at the best would have applied the PD Act and then forgotten the case in the multitude of law & order crises they must deal every day. Even if the case would have been detected by a specialized Anti Human Trafficking Unit, they could not have investigated it for they are mandated to hand it over to local police after the rescue. 

 

NIA, Hyderabad not only investigated the case in Hyderabad but were able to trace all the back-end links to Bangladesh and put forth a strong chargesheet.  Simultaneously they worked with the victims through us and ensured their morale was not broken or crushed at any point. Perhaps it is these joint efforts that has ensured that all the survivors are now living happily and two of them have joined the anti-trafficking movement. 

The power of partnership is very potent especially between state and non-state partners in fighting an organized crime like human trafficking. 

We have been advocating for a pan India dedicated investigating agency to handle international human trafficking cases, and the National Investigating Agency (NIA) is the right choice. They bring in both the skill and dedication that is required to fight such crimes on a war footing. 

This conviction is one step towards building a Human trafficking Free Bharat!      

 

    

CBFC TELL ME WHY DIFFERENT STANDARDS FOR DIFFERENT FILMS?

 

I was watching #Jailer a super-hit film that was certified U/A by CBFC on Amazon Prime. What caught my attention was scenes after scenes where the #Hero was either beheading a person or chopping their ears off. The number of times people were murdered in multiple ways which was practically glorified as it was the hero who was indulging in the same, made it almost a normal affair in the entire film. 

Now why did this catch my attention and why was I bothered so much?

A few weeks back I was personally running around to get my Hindi feature film #DahiniTheWitch certified by CBFC. The committee with an officer from CBFC was singularly objecting to a scene where a #Mob was beheading a woman. The entire film by the way is on witch-hunting and is a social thriller based on true events of women being branded as witches and a vigilante mob chasing them to kill them. The film is a heroic tale of this woman who fights back and survives that experience. The director of the film who had accompanied me for the CBFC screening was trying to reason out with the committee the importance of that scene. Perhaps his method of persuasion meant he gave examples of other films where scenes of crime most probably irrelevant to the story were shown without even a cut. We were repeatedly told not to compare our film with other films. Which made me wonder, is there are  different sets of rules that apply for different films?

This difference I felt from the time I received a call from the CBFC office for the screening. It was 7pm in the evening when I was informed that our screening would be next day at 11am. When I told the person that we are coming from another city the gentleman was gracious enough to change the time to 3pm. But one question rankled me ‘who is your agent’? The response I received when I told we do not have any agent, left an uncomfortable feeling within me. For a moment I wondered whether there were Government authorized agents that I was supposed to route my film? I checked the website there was no such thing. So, who is this agent…this thought lingered in my mind? 

Next day when we reached for the screening, the gentleman who had called me the previous night told me that the application we had filed online was not complete. I told him that we are happy to rectify the same if he can point out what is the mistake (to my knowledge there were no mistakes, but who knows what these guys can point out). He asked me to come to his office. When I reached the office, there was one more gentleman standing there perhaps a superior officer. After looking at me for a while he told me they have condoned the mistake and there was a pause. By this time my intellectual looking director also entered the room. There was an uncomfortable silence. After a while they asked us to leave. Something unsaid was in the air…we let it be. 

We then had to go to the technician with our #DCP for the screening. Again, both the technicians asked the same question ‘who is your agent?’ When our response was in negative, there was again an uncomfortable silence. Then the technician took our #DCP and very quickly declared that it does not work. Luckily for us, my director had kept multiple versions ready. So, he gave another #DCP in another format which worked. We had two more hours before the screening took place. So, we sat in the lobby for our turn. I then received a call from the technician asking me to come alone to their projection room. Prime facie it was to tell me the importance of the receipt they were issuing for the screening fees of Rs 11,000/ and then he asked me why I have not kept an agent!

By this time, this repeated question was irking me and I told them that we chose to do this ourselves and avoided an agent as we do not have any budget for the same and asked why is that bothering everyone so much?  To that the technician responded that if we had kept an agent an amount would be paid to complete this certification which would also include the amounts that had to be given to everybody at #CBFC!

So, I asked him what will happen now, since I am not going to be paying any amount to anybody and I was told everything will take its own course. And everything thereafter did take its own sweet time!  

During the censor screening, when the Committee told us to mute the cuss words of the mob or reduce the impact of the single beheading scene by 40%, it was not very surprising that they were not ready to listen to any of our arguments or anything that we had to say. The fact that it is a vigilante mob with blood in their eyes who are using the cuss words just went above their heads. A sarcastic dialogue mentioning the names of few gods also caught their wise attention which was also something they wanted to be removed. We ended up with four cuts and an ‘A’ certificate.

The next one month saw the entire process being delayed by constant cherry-picking real and imaginary mistakes. One officer who was playing the ‘good cop’ was definitely in touch and kept asking us to revise multiple times including changing the font size of the letter! I even had to give a declaration that I have enough validation that the film is inspired by true events. After exhausting all possible errors finally one fine day, the online message said that I have to upload the script. I promptly did so. 

Now the good cop, who was perhaps not always sitting online did not know that such a message had come. So, he sent me a message many hours later on Whatsapp asking me to upload the final script. I told him that was already done & the message online was that the script was approved and I had to bring the CD for sealing. Well, if he had any more corrections up to his sleeve the chance was over for good now.  

 

Now I wonder, whether not having an agent is the reason for us getting a ‘A’ certificate and also delaying it for weeks together? Our film in question is a social thriller whose message is to not only to denounce witch-hunting but also those who inflict violence in any form. This message gets an ‘A’ certificate and a film that glorifies violence as the main protagonist indulges in the same throughout the film gets a U/A! What is the purpose of certification? 

Would I have got a U/A certificate if I had an agent and all the payments meant for the #CBFC officers was done?  

The Government in good faith brings systems such as online application and online payment to nip corruption at the root but institutions whose DNA is fed on bribery will always find better ways to sustain their greed.

When we talk about CBFC, this kind of double standards has become the reason for useful content made with constrained budgets never reaching a larger audience. 

         

  

         

 

   

Is a woman’s body a pawn in your hand?

  

On 19^th July,2023 a shocking video of a mob watching a woman being raped and another woman being paraded naked surfaced on social media. I was stunned and outraged. Quickly my numbness  wore off and I started reacting. Tweets after tweets tagging the head of nation, ministers concerned, all statutory bodies was a small way to vent my anger.

And then slowly as nation-wide reactions flooded the social media and the leaders concerned  were compelled to break their silence questions started nudging me.

This incident happened in the first week of May and the FIR was lodged on 18^th May,2023. Not very clear whether the case was reported immediately or there was a delay. But definitely the video was recorded on the day of the crime. Who made this video?  In whose possession was the video for so many weeks? Was the timing to release/leak the video have a political motive? 

No matter what the motive is, the fact is two women were publicly molested and humiliated and one of them raped while a mob watched. A statement of one of the victim indicates police presence when all this was happening. The fact also is police did not make a single arrest till 20^th July until a national outrage compelled them to do so and one of them was arrested.

 

It also fills me with deep anger that the Chief Minister of the state concerned behaves as if this is a sudden news for him especially when more than 2 months have already passed after the incident. How does a Chief Minister not even know about such a huge mob violence in his own state? Is it an intelligence failure? Is it a break-down of the entire law and order system in the state? Or is it a calculated inaction? And how many more such instances have happened in that state in the last three months? 

Then I look around on the larger happenings around the country based on what is happening on social media.  The video is the focal point of all discussions, reading between lines one wonders are these people really concerned about the victims or is this a weapon to hit back at their political opponents.

Simultaneously, the other side is now finally speaking. All statements being made to show stringent action is being taken. Why were all them silent for so many months when the state was burning and a large number of women and children were pushed into relief camps?

Who benefits from this silence? Who is benefitting with infight between communities?

While political silence is deafening, the silence of the media all these months is also frightening. Where are the investigative journalists? Where is third pillar of democracy? How come they did not come to know of such a dastardly public act? Who is playing safe and for what purpose? 

But the most pathetic of all is how depraved is humanity! There are those among us who watch in silence when women are raped right in front of their eyes…there are million others who will not only record this but will also disseminate it again & again. Can we face our own self in the mirror?  

Ironically for me, eight years back I had started a campaign against rape and gang rape videos being circulated and for the last few years we are fighting an ongoing battle in the Supreme Court to make social media platforms accountable for the content on their platforms and today a viral  rape video is the reason for the nation coming to know about atrocities in a state where internet has been shut down for the last three months, a viral video becoming the reason for all silences being broken including that of the Apex Court. And I wonder, have we moved even an inch from 2015? Rape videos continue to be made with impunity and rapists rest with ease confident never to be caught. 

 

At the end of the day, one question lingers in my mind? Is women’s safety a priority for any political leader? Or is it a weapon to be used to gain brownie points in an election? Is woman’s body, her honour, her dignity just a political pawn for anybody and everybody to throw around. 

A belief system I always carried is when an elected leader is given a responsible position within the government he or she should cease to be from a caste, creed or religion and even a political party. This person’s identity should be only as an ‘Indian’ and nothing more. He/she represents India, is a voice of all Indians in all its diversity. In fact I am also of the belief that such persons should not be allowed to campaign for any elections. Afterall if they are in power they already have the opportunity to demonstrate all their good work so what is the need for further branding.  

 

When a state burns and mobs with impunity rape and humiliate women in public it means to me a massive failure of political leadership.  When a woman’s body is used as a weapon of war it means that elected leaders have failed in their responsibility to safeguard the interests of all and a woman is being a made a pawn in this power war. 

 

This is not acceptable…this will not be tolerated.  

 

And finally, although not the right way to do it but the ‘video’ has made its point… now it is important to remember every time it is  re-posted and shared somewhere out there two young women are revictimized again and again. 

We failed in protecting them…at least let us not be party to retraumatising them.    

 

 

              

A LEADER WHO TOUCHED MY SOUL-A TRIBUTE TO OOMMEN CHANDY SIR

 

From the time I got into the domain of social activism many of my friends and relatives have asked me whether I would join electoral politics. To their disappointment my answer has been always negative for I have somehow built a strong reservation about political leaders. How I developed it…or where it came from, I have no clue. But politics and all that it represents is something that I have carefully avoided. Perhaps it is for the same reason that I mindfully kept away from cultivating any relationship with any political leader. On, their part since I do not make any business sense in terms of ‘vote bank’ they have also maintained their distance. 

 

So, it was a pleasant surprise for me when my good friend Shafi Mather whom I had met in the TED Conference in 2009 called me and told me to come urgently to Kerala to make a presentation on human trafficking before the Honorable Chief Minister. This was in 2011. 

I rushed to Kerala not knowing what to expect. With a minimum of fuss, I was conducted to the CM’s chamber and I saw that a projector and screen was arranged at one end. It was a temporary arrangement. The first time I saw Shri Oommen Chandy the Hon’ble Chief Minister of Kerala I was blown away. His twinkling smile captivated me and what happened next humbled me to no end. OC Sir as I went on to call him in the later years was in a meeting. He excused himself from the meeting, came towards me, wished me and courteously seated me on the sofa profusely apologizing about a few minutes delay as he had to sort out some urgent matter.

The only face of OC Sir that I saw 

I was an absolute ‘nobody’, I had not even got my civilian honor then. But here was a man who was honoring me with great respect just based on what he had heard from a trusted aide. When I made my presentation a little while later, I could see tears in the corner of his eyes several times. The first meeting ended with OC Sir assuring me to do something concrete. While there were no great promises made or pledges taken, I left OC Sir’s chamber with a great sense of contentment of meeting somebody whose grace left me both at ease and at the same time speechless. 

 

When somebody asked me what was the outcome of the meeting with CM I simply said ‘time will tell’. And definitely time did tell the amazing level of commitment OC Sir had about safety of women and children and his extraordinary ability to bring diverse personalities together. When the committee was constituted a few months later to draft a policy he made sure at every step even in the constitution of the committee I was in the loop. Perhaps it was that unconditional faith and respect that made me put my heart and soul to draft the ‘Nirbhaya Policy’. During this course I had several opportunities to meet him and brief him about the progress of the committee and every time I would be left with these confused feelings on how much is this one individual taking up on his shoulders. There was always a crowd in his chambers. He would speak to each one of them. One day I even heard him talking to an Inspector questioning why an FIR was not lodged and in my petty mind it was why is he micro-managing? It took me years to understand what OC Sir was to his people and how his whole life revolved around making every hope and aspiration real for his people.

 

Over the years I was also recipient of his personal care and concern. When I faced backlash for some of my work in Hyderabad, he was perhaps the only one who called up the then Chief Minister and requested to ensure safety for my life. And this he did without me even telling him anything about what I am going through or even requesting for any support. That was OC Sir, a person whom you can rely in the worst of your times without even asking.

When in 2013 I produced my Malayalam feature film on sex trafficking ‘Ente’ I had requested him to come for the premiere. He not only came but he brought the entire assembly with him for he felt every legislator should be sensitized on this subject. This was the first film OC Sir was seeing in 45 years! For the next few months, he would constantly remember the last scene of the film and tell me that it left a deep sense of guilt about how the efforts to ensure safety for women and children were rather inadequate. 

 

Every time OC Sir felt my expertise would be of any help, he immediately called upon me. Never once did he make me feel like an outsider, valuing me for the body of work that I have accomplished and according me the respect I deserve and more. To me those days Cliff House was a comfortable place to quickly update Sir on the various developments related to the implementation of the policy before I rushed back to take the flight back to Hyderabad. 

 

We lost touch after the new ruling party got elected. Our paths crossed once or twice mostly at Cochin Airport. Both the times it was like connecting with a beloved friend eagerly sharing our thoughts on what more can be done. 

 

My ears were tuned to OC Sir and his activities. I watched him handle all the challenges of public life with grace and dignity. With every passing day I realized the need for a political leader like OC Sir who had the capacity to be fair and neutral, had the ability to bring together diverse people, felt deeply for the pain and anxiety of every commoner and had the moral compass of conscience highly embedded in his soul. Today more than ever the country needs such a leader to navigate us through these troubling times.     

 

This morning when I heard OC Sir passed away…for a few minutes I was numb, I could sense deep vacuum, is this the end of an era? No words adequate to pay the right tribute…no thoughts tall enough to capture this brilliant statesman, no gesture big enough to give back what he gave us.

OC Sir…Om Shanti! Till we meet again…        

 

Sunitha Krishnan    

 

     

        

 

      

    

THE POLITICS OF GIVING

 

Last week two students claiming to be from IIT just landed at our office wanting to complete a college project on human trafficking. Among other things they also wanted to interact with survivors. While our team explained to them our protocols and send them back, what continues to surprise me is the sense of entitlement somepeople have when they come to a civil society organization and how offended they are when they are told that there are protocols that have to be followed. 

This makes me reflect on how we view social work and those who have committed their lives to social change. A small but significant number in India who make financial donations believe that the beneficiary organization should feel extremely grateful for the support given, provide enough publicity and branding for receiving help and should also be beholden forever. This group of people in their overwhelming generosity conveniently forget that the organization that has taken the initiative to change that specific problem in the society is doing it on their behalf and that if anybody has to be grateful it should be the other way around.

This takes me to the next point on how a significant number of people view shelter homes. First of all, only a human being who is in difficult circumstances will land up in a shelter home whether it is for long or short duration. No doubt this person feels the need to belong, of being cared for and the assurance that not everybody in the world will cause harm. But does this person need to feel like a beggar dependent on the benevolence of others? 

Mindful ‘giving’ is an alien concept to most givers. Many don’t even bother to seek information on what does the home require? It is like, I have to distribute food and fruits and I will just do that or I have to cut my birthday cake here and I will just do that. Maybe some of the logic for such acts is that the donor wants to be 100% sure what is given is going straight into the stomach of the beneficiary. The fear that cash given might be swindled by the organization might also be a reason for such actions. 

No doubt such fears stem from repeated scandals that take place in the garb of running shelters but that is where each one of us are duty bound to make our own due diligence before we extend our support. 

But this problem is not so one-sided as it is also a fact that many donors would use such homes to clear their black money to get rid of their guilt. Loose cash given is always a breeding ground for corrupt practices as the organization will be unable to show this amount in their books of accounts and temptations will lead to corrupt practices as unaccounted amount does not fall into the accountability framework. 

While corruption is rampant everywhere and social organizations are no exception but unethical practices in the social sector can be easily curbed if we make social work more about dignity and justice rather than altruism. 

In the West, volunteering for social work is about being accountable for the privileges you enjoy. The value system is ingrained through the schooling system and becomes more and more tangible as you go higher in the ladder of education. Working for a cause through a civil society organization increases your credit score. Taking a break from formal education and getting educated in the university of life by deeply engaging in a social cause even far away from home adds value to your future life perhaps even your career prospects. Employee Giving is matched robustly by the Employer. It is an eco-system that nurtures the giving side as a ‘duty’ and not as a ‘dole’! 

 

In India you see some traces of such ‘duty’ in spiritual efforts that has a component of social work. The journey of salvation by serving others is a spiritual quest. This path is taken by many which ensures devotional dedication is translated to serving those in need.  The scale and magnitude of dedicated volunteers using this method is perhaps humungous and sustainability of such methods is also 100% as there is a perceived sense of being in a win-win zone. The volunteer needs spiritual gratification and the organization wants to address a specific social concern.  Both gain, there is no giver or taker!  This business model which has worked for spiritual leaders has not extended to other civil society organizations who take up a social problem to change without any other baggage.  

Bringing professionalism in social work has brought in good governance, transparency and accountability. Today social work has broadened its scope as development work and has also become a viable career option going beyond volunteering, but the fact remains that it is largely dependent on giving/grants/donations. This dependency is largely because the social sector is ‘not for profit’ and fills the gaps in state interventions for social/community transformation. In several areas, the social sector takes up those issues and provides services that the state does not find it as a priority.

While the social sector is not monolithic and the organizations big and small have their own versions of financial sustainability for their teams but what is universal about the sector is that each one involved wants to change somebody else’s life positively. The method, strategy and scale might be different. But the core concern that it is predominantly dependent on grants and donations means it executes all the attitude and perceptions that a ‘giver’ carries. 

 

If the ‘giver’ suffers from a ‘savior syndrome’ then all that follows which includes the method, the process and the execution is tailor made to satisfy that end. 

If the ‘giver’ recognizes the social problems around and acknowledges that he/she is unable to respond due to various commitments and liabilities and seeks to find people who are trying to change that social scenario and shares his/her own financial privileges to contribute to that change then it will automatically change the way the doer is executing the efforts on the ground. 

If the ‘giver’ is seeking spiritual gratification and believes all his/her resources including material and human has to be committed to bring certain social change and that is the only way to enrich their soul then the way the person engages with the organization also changes as they believe it is in their personal best interest. 

It is rare to find a sense of autonomy among the ‘dependent class’. These rare few gain their confidence from efforts that they have put on ground and the exposure they have to a wide range of givers which secures them with an understanding that there are significant number who genuinely want to change the existing anomalies in the society but are unable to physically commit to taking initiative and are willing to share what they have so that efforts to bring change remains unabated. These ‘rare few’ are constantly in search of these kind of givers and are able to build not only certain ethical standards in execution of work but also draw the lines on anything that may infringe either the dignity or social justice for those who are served. 

Social change is an immense responsibility, social change agents have the enormous job of finding ways to cope with resistance, hostility, rejection, apathy and insecurity which is intrinsic to the vocation they have chosen; the larger world of givers, sympathizers, facilitators and moderators at the least should build an eco-system where change agents can function without ethical compromise.                  

 

                 

 

 

   

   

MYOPIC SUPREME COURT DIRECTIONS IN 'SEX WORK CASE

The recent Supreme Court directions in the Budhadev Karmasakar 135/2010 case is worrisome both in the way it is worded and the lack of application of mind in understanding ground realities. 

Before I elucidate my concerns let me state what the Apex Court has reiterated regarding the existing legislation ie. The Immoral Traffic Persons Prevention Act. It has very clearly stated in its directions that the existing legislation should be implemented strictly by all states which essentially means the following will remain criminal offences:

1.     Brothel keeping

2.     Pimping

3.     Living on the earnings of prostitution

4.     Detaining a person in a place of prostitution

5.     Procuring, inducing or taking a person for prostitution

While the existing legislation defines prostitution as sexual exploitation for commercial gains it is silent on whether it should be prohibited or banned. Further it is completely silent on selling sexual services independently without a pimp or a keeper which has perpetuated a notion that selling sexual services independently is not a crime in India. 

Coming back to the directions of the court; brothels will be closed; pimps & keepers will be arrested and human traffickers who will bring women & girls for prostitution will be apprehended. So, this has not changed on the contrary it has to be strictly implemented by all states.  

 

So, what is worrisome about the recent directions? Let me pick out three of the directions which are going to have long term implications.

 

1.     Firstly, the Apex Court liberally uses the term ‘Sex Work’ and accords it subtly a status of a profession. While stating that a person selling sexual services is like any other citizen and is entitled to all rights that our constitution provides, it is somehow worded in such a way that indicates that selling sexual services is a dignified profession. Let me personally reiterate that every human being who is a citizen of this country is entitled to all rights enshrined in our constitution and that is non-negotiable. But what work is dignified and what takes away every ounce of dignity is a separate matter and needs deeper understanding on what constitutes this form of work and its impact on self. 

I am deeply concerned how something which is intrinsically harmful for body, mind and soul can be dignified. It is also rather confusing as all these directions are in the context of rehabilitation of persons who are selling sexual services. If you notice I am mindfully avoiding using the term ‘sex worker’ as I do not accept this as a profession and considered it as the oldest form of sexual slavery. I can understand dignity out of the situation which is ‘rehabilitation’ but what is dignity in the situation I am unable to fathom. The learned Bench in their wisdom failed to clarify this in their direction.   

2.     It is universally known fact that significant number of women and girls are lured in the name of job, marriage, love and induced or forced into prostitution. It is also well known that the revenue from selling sexual services is very high, in fact it is considered low investment high profit industry and has been ranked as one of the fastest growing criminal enterprise. It is not very uncommon that the combined forces of social stigma and criminal intimidation coerces most victims to normalize the exploitation and they are easily tutored to say that they are doing it voluntarily or by their free choice. In the given situation pray tell me how will a law enforcer prime facie differentiate between a voluntary seller and trafficked person especially when all them are parroting the same lines taught to them?  So, by blindly directing that the police should not touch any voluntary worker, the learned Bench has only exposed their lack of understanding of the ground realities.  In my opinion what would have been more balanced position was to direct all concerned parties to come together and draw out a protocol that would help the law enforcer differentiate between a voluntary seller and a trafficked person. Even there I would think it is rather fishy if a voluntary seller is found in a brothel. If you are voluntarily selling it should be without a pimp/broker or brothel as per the law so what is voluntary worker doing with a pimp or a brothel keeper? Check out the modus operandi used by the police or NGOs for the rescue operation and you will know the number of ‘in between’ people involved before the actual person is found.  

 

3.     From my own personal experience of establishing and managing Protective Home for the rehabilitation of victims, it has been our observation that most victims take 2-3 months to disclose the true facts of their ordeal. In the mean time they would give us fake names, fake national identities and acknowledge all the pimps and brokers as their relatives in the court and constantly reinforce that they are in it voluntarily. It is only when a home investigation is done the conflict between all that is stated and the true facts surfaces. 

So, when the Apex Court directs that all Protective Homes should be checked and all adult women should be released, it indicates the myopic perspective that only minor girls are trafficked and adult women do it voluntarily. Have the wise judges contemplated on what the protocol should be followed to release the adult women so that they do not go back to the same situation especially if the rehabilitation is their primary concern! 

By the way, the directions speak extensively on the attitude of the police and the need for sensitization, I would say the judiciary is no better with this myopic understanding of the ground realities.

 

There are several other issues such as Aadhar Card and sexual assault that comes in the directions which are much welcome; but the proposed method of handling them leaves you with the feeling that this bunch has no clue what is the ground situation.  Most victims admitted in all the shelters are neither a member of any CBO or have any connection with AIDS Control Society. In fact, most of them do not want any such membership or affiliation. So, if NACO or SACS is the only way to get a Aadhar Card a good number will still not get it. 

 

I understand one of the Judge in the bench was to retire the next day and that was perhaps the reason for such hurry in issuing these directions, but whether it will benefit the intended group only time will tell. 

I can foresee a huge amount of confusion in rescue operations, increased police bashing and large contingent of criminals escaping under the grab of ‘voluntary work’.