IF NOT NOW…WHEN?

The nation is resounding with voices for & against the Trafficking in Persons (Prevention, Protection & Rehabilitation) Bill, 2018. My position on the Bill is well known so I will not take a neutral stand nor will I refute or try to dispel the arguments of those who are opposing the Bill. Their perception of truth is their reality and my perception of truth my reality.

I do not come from an academic background nor am I lawyer, my identity is the body of work that I have build for the last more than two and half decades. In these twenty-five years I have seen the vicious world of human trafficking at very close quarters. Having rescued with the assistance of the police over 20,000 women and children from sex trafficking I have been witness to their lives not as a journalist or an advocate but as a care-provider who was with them from the time they were being removed from the place of exploitation to the time they were taken to the police station, to the hospital, to the court and finally when admitted in my Protective Home and taking care of them for a period of time as specified by the Court or Child Welfare Committee which may range from 5-10 years in cases of children and 1-3yrs in case of adults.  

This essentially means that I have a fair understanding on how the victim behaves when she is rescued and over a period of time after a series of support services are provided how a slow and steady transformation happens in this person. 

In my 25 years of experience I have seen very few persons who willingly got rescued. Most often than not every victim resisted the rescue, she would give false names, will be very aggressive and violent and very often prone to self-harm behavior. Over a period of time with strategic psychosocial interventions and health care, the victim would gain trust in us and thereafter a new sinister world of deception, betrayal, and fraudulent means will open before us. The stories of how they were duped with promises of job, love or film roles or nightmares of how they were coerced by somebody closely known to them so that they can be commercially sexually exploited. This change was never overnight; it took weeks and months of consistent and persistent efforts by our care-providers which will trigger the need in a victim to become a survivor.

In the meantime another drama will open before us, outside the walls of our Protective Homes of those who desperately wanted these women & girls to get back to their fold. In a significant number of instances it would be under the garb of an advocate’/lawyer’ who would be threatening us of illegal detention or giving us lessons in constitution. We would see the same lawyers in the court corridors also representing the accused in similar cases. I have written umpteen times to District Judges and the Bar Association regarding the threats and intimidations we have faced in the hands of these lawyers. In fact if you visit the Nampally Court you will definitely come to know a set of lawyers who only take up these cases. 

It is through these instances that I personally understood that being in flesh trade is not usually a personal choice of a person. It is a well-organized industry and has many stake-holders and an individual trapped in this midst is controlled by many. It may not appear tangibly as an organized set up and pass off as something, which is an individual aberration, but practically it is well networked.  There is a closely guarded information network and the stakes are quite high. Otherwise how then will you explain, when a small group of telugu women supposedly impoverished and marginalized are rescued in Chandrapur, Maharashtra, before they are even shifted from Chandrapur to Hyderabad a whole of set of lawyers have already descended in the concerned court in Hyderabad! 

I have directly faced the opposition from these elements not only in physical attacks but also in other ways such as pressurizing my landowner to get me vacated from premises where the shelters were located. Thanks to these attacks, we have ended up having too many liabilities in the form of assets!!! The attacks continue in multiple forms, some direct some subtle. 

                      

But not all the women and children I have been party to rescue have been rehabilitated. There is a small but significant number who have chosen to go back to the same situation(including a child). Some of them have been re-admitted to my shelter. So I do recognize that there are people who are not willing to be rehabilitated and for reasons best known to them chose to go back to the same situation. But I am not willing to accept that it is by their own ‘choice’ as many would like to portray. For ‘personal choice’ is a liberating emotion and not a defeating expression. I have had umpteen number of such women telling me that ‘her life is over…don’t try to change’. I have seen the pain in those eyes and a sense of resignation to fate. In my lifetime I have also had the unfortunate experience of cremating many such women whose bodies were found on the streets. 

So when I am advocating for ‘‘Trafficking of Persons (Prevention, Protection & Rehabilitation) Bill, 2018, I am doing it because I genuinely believe it will bring systemic changes and will ensure victims get their rights due to them. I also believe for too long the State has shied away from taking a bold step to fight the organized criminal mafia that operationalizes the human trafficking networks. For far too many decades the Governments have subtly promoted this crime and allowed millions to perish. I do believe this has finally ended and there is somebody taking the courageous step to stand up for victims. Is it history? Yes I do think so… For centuries what you called as a ‘necessary evil’ today is finally challenged. There is at least one set of voice in this country which refuses to tolerate this dehumanizing trade in human beings.      

So here are the 10 reasons why I think you should support the safe passage of the ‘Trafficking of Persons (Prevention, Protection & Rehabilitation) Bill, 2018 in the Rajyasabha (It was already passed in Loksabha in July 2018):

1.  For the first time the Bill in its operational sense recognizes human trafficking as an organized crime and ensures a specialized Police body ie. National Anti Trafficking Bureau is set up which will be mandated to tackle inter-state and cross-border trafficking of persons. Till date there is no such legal statute, which provides this mechanism. An attempt was made few years back to designate CBI through an executive order, which failed due to lack of funds and political will. With a legal statute there is no way this can fail if the attempt is made
2. While Sec 370 provides the operational definition of human trafficking many purposes of exploitation was not considered in 2013 (Criminal Law Amendment Act). The Bill ensures that all purposes including forced labor, begging, exploitative surrogacy, cyber-pornography is included and that is why it is comprehensive.
3. Not only this Bill recognizes that a victim is subjected to inhuman pain & torture which is likely to cause a lot of damage in their minds and body, it puts in place safe spaces (Protective Home & Rehabilitation Home) that allow the healing to happen and mandates ‘rehabilitation’ as a right of the victim. This is perhaps for the first time that rehabilitation becomes such a core component of legal document.The Bill also ensures that foreign nationals trafficked to India are given all support for safe time-bound repatraition.
4. It also recognizes that there are women in flesh trade who might not be trafficked and who are unwilling to be rehabilitated and provides a provision for voluntary exit through the intervention of a Magistrate.
5.  The Bill also recognizes that not only the traffickers sometimes even the stakeholders mandated to provide protection are capable of victimizing a victim. Lack of accountability and dereliction of duties is a penal offense as per the Bill.
6. At one end if the victim’s right to reintegrate is recognized at the other victim’s right for justice is mandated through a series of victim friendly criminal justice procedures including putting in place ‘victim witness protection’, video-conferencing and special courts
7. The Bill recognizes mere rhetoric does not move anything on the ground and mandates budgetary provisions for rehabilitation, interim relief and compensation.
8. While emerging trends such as cyber trafficking has not been covered in depth the Bill ensures that it takes into account the ever-expanding scope of human trafficking through cyber space. It puts in place both preemptive and deterrent clauses.
9.   One of the major aspect that the Bill recognizes is that when a victim is rescued it might appear to be a local problem but it has state and national level implications if probed in the right manner. Hence all implementation mechanism from the local to the national level is put in place as legal statute.
10. Finally the Bill recognizes that no human being deserves to be trafficked and puts in place a whole set of components targeting vulnerable groups to prevent the crime.              

No doubt there are many who will benefit if this Bill is stalled but there are million more who will benefit if the Bill is passed. While genuine fears can be resolved and addressed sooner or later but the millions of lives endangered can wait no more. 

I am standing before you as the voice of millions who want to be liberated from slavery and seek support from the State to create a safe mechanism to remove them from those dungeons of hell-holes to a world of options and opportunities.

I stand before you on behalf of millions whose human rights have been violated by commercial vested interests and who need justice for closure. 

I stand before you as a human being who is deeply anguished and angry about the growing impunity of criminals who believe even a 3 year old child should not spared.

There is a time in history, when you have to make a choice, on where you stand…this is that moment…If not now, When?       

  

#MeToo ALLEGATION, WHAT IF IT WAS MY OWN FAMILY ?

From the time #MeToo movement started, I have wondered, what if a family member of mine was accused of sexually harassing a woman? What would be my position? How would I react? Will I be able to speak in public about it? What will be the repercussions in my life?

Well I did not have to wonder too long. A newcomer actor who worked in my husband Rajesh Touchriver’s under-production bi-lingual Odiya/telugu film ‘Patnagarh’, accused him of ‘mental harassment’, ‘gender discrimination’ and making ‘sexist remarks’. While the film is produced by Sridhar Martha and has three co-producers Manoj Mishra, Atul Kulkarni and me, for reasons best known to this aggrieved person she only mentions me apart from Rajesh Touchriver (she also mentions another actor in the video).  I am sure she must be having a justifiable reason for mentioning me in the #MeToo post & thereafter a video, even though I visited the location only twice while the others were there throughout.

Since I was fully aware of the day-today happenings on the sets and all the challenges related to the production right from the start, at least in this case I did not have any moral or ethical dilemma on what my position should be,  I knew the complete truth! 

But is it distressing?  Yes it is!

It is distressing to see, colleagues in my sector posting the news article of this case with statements such as ‘Living one’s politics is tougher when one has to confront it at home, isn’t it?

It was also distressing to see, people(who are not even friends on Fb with the aggrieved person) who were given significant roles in Rajesh’s films sharing the Fb post of the aggrieved person (now one was wondering what was this person’s problem? when even after 1 year after the movie was produced she has not mentioned anything, she has even joined two film festivals with us where the movie was nominated)…you actually start becoming paranoid!

It was painful to see friends feeling compelled to ‘lash out’ but unable to do so for the fear of public perception.

It was also very distressing to answer friends and relatives who were anguished to see Rajesh’s name appearing in all kinds of shows on television including FIR as an accused.

What should be my position? If I speak, it will be ‘manipulation of victimhood’ (this is what one gentleman accused me of) and if I don’t it will be ‘ look at her, she was so articulate about the #MeToo, now since it is her husband, she is keeping quite’.

I have been a great supporter of #MeToo movement, as I think it gave platform for at least one class of women to speak up. But I was always of the opinion that just #MeToo has no relevance(please refer to all my tweets in the last few months). This should be followed by #MeTooWillReport. In the absence of reporting it is just an allegation…an accusation and sometimes it has the potential to be misused.

As much as the aggrieved person has the right to dignity and justice, so does the alleged person has the right to clear his name.  

While the rich & famous today may step down from a current position they are holding under duress and pressure, the large number of #MeToo will continue at homes/schools/colleges/offices/public places…for there is no deterrence...

Yes when a near & dear one is accused ‘fairly or unfairly’ it hurts…and when somebody uses it to settle scores it hurts even further…but the truth gives you confidence and the trust gives you strength.

On my part, I will continue to fight to ‘break the silence’, I will stand by the ‘truth’  and I will do everything under the sun in my power to support the ‘genuine victims’.

WHY #SABARIMALA VERDICT MAKES ME FEEL INVADED?

I know as I start typing these words on the keyboard a huge world of people are going to be very disappointed in me...but I am what I am...and feel compelled to write what I feel very strongly from my innermost being.

From an early age, I was very spiritual. My parents are god-fearing and instilled in me the presence of a higher power. I am fairly ritualistic...but do not know any hindu chants/sholkas etc. My commune with God was and is a deep communication which I have nurtured through a pattern of daily prayers. I think from an early age I came to believe that not all is humanly possible...there are situations/ events that can drain you....there are human beings who will hurt you...and in all these happenings if you surrender to a higher power...you are able to draw the strength to keep moving inspite of all obstacles.

I guess everybody in this world finds ways and means to cope and move ahead...for me it was largely through the spiritual strength churned out of daily meditation and prayers. Over the years, I started developing my personal symbols of hope & strength. The female deities who were embodiment of power/shakti/para-shakti became my personal favorites. Maybe all this is also connected to my evolution as a person. 

But one male deity who caught my attention was 'Lord Ayyappa'. I still remember as a child when my father went to Sabarimala after observing 41days of austerity...I spent days listening to the stories of Lord Ayyapa after he came back...and one thing that stuck me was that this is a secular temple...Vavar a muslim warrior was Lord Ayyapa's best friend...infact I understand there is a dargah for Vavar Swami enroute to Sabarimala... Believers from all faith can go here which is not a usual practice in many temples in Kerala where it is explicitly written outside that 'only Hindus can enter'. K.J Yesuday a legendary singer who is a Christian has visited the temple and a song sung by him composed by Sri Kambangudi Kulathur Srinivasa Iyer in Sanskrit is the lullaby that is played every night in this temple.  Once I understood the set of rituals that was followed for the 41days austerity, I could clearly understand why only girl children before they attain menarche and women after they attain menopause were allowed to climb the '18 steps' to have a darshan/sight of Lord Ayyapa.      

Over the years, I saw each temple across the country have their own unique rituals. There are temples which chant 'profanity' (Kodungallur Amma) and there are temples which celebrity feminine power (Kamakhya Temple)...maybe there are rituals that are regressive too. But over a period of time...as a organic evolution...and maybe also because of the of the efforts of reformist regressive harmful rituals have ended. But the faith and belief of the believers continues to grow. Is there a logic to it? I don't know....not everything can be explained by logic. For example I cannot logically explain the sense of God experience I feel when I am able to restore the smile on the face of a child or adult that I have rescued... It is a deeply personal moment.

Believers of any faith, evolve a set of practices that gives them comfort. Most of these practices...are oral traditions passed on from generation to generation. One important practice that most believers undertake is to visit their place of worship. For Hindus it could be Tirupati or Vaishno Devi or Sabarimala, for Christians it could be the Holy City of Jerusalem or the Vatican and for the Muslims the Mecca. Each place of worship requires a different set of rituals unique to that place of worship. One goes to these places of worship not because you cannot sit and pray in your own house or office or wherever that suits you...but there is a innate faith in all believers that collective spaces of worship gives us another level of strength which is rejuvenating. Maybe also because of the 'oneness' in worship a positive energy radiates in these places of worship. I cannot explain logically the overwhelming sense of feeling that flows as tears from my eyes...when I see Lord Balaji in Tirupati or Mookambika Devi in Kollur. I am sure that must be the same feelings for Christians when they visit Church of Holy Sepulchre,Jeruselam or for muslims when they visit Kabba in Mecca.

Why did I feel invaded when  the #Sabarimala verdict came? 

While verdict in the name of gender equality gives rights to all women to enter Sabarimala no matter what age they belong...and rightly said it was now for the women to choose whether they want to go or not, my contention is that these temples of deep faith & belief become what they become because of the specific rituals practiced by that temple. If those practices are radically changed the space loses its sanctity. Sabarimala is one of the largest annual pilgrimages in the world with over 40-50 million devotees visiting every year in short span of 103 days in a year (temple is open only from 15th Nov-26th Dec, 14th Jan, 14th April and 5 days in the beginning of every month). 

Whether that gives an idea of deep faith in these practices to anybody I don't know? But I definitely know when a deep faith that stirs my soul is negated I feel disrespected and devalued. I also know that you are trying to invade and take away small spaces I have created in my life that gives me a sense of oneness with a higher being...

I will continue to strive hard to practice 'Tattavamasi' i.e.. to see the divinity in you...but do not please take away the space that I nurture which makes alive the divinity in me.    

  

     

  

WHAT DO YOU GAIN BY DISCREDITING US?

Sometimes the problems are not seemingly big but it leaves a bad taste in the mouth…certain restlessness seeps in…and you start becoming generally paranoid.

I am going through one such phase. Few weeks back some associates called me and informed about an International Journalist who is trying to find out about Prajwala. They felt rather uncomfortable with the questions and felt compelled to inform me. One of them was somebody whom I had a lot of differing opinion. That was the start.

A few days later a senior officer called me and informed me that a foreign journalist was asking questions which were quite intrusive. Immediately after that we received a call from a senior officer in the Department of Women & Child Welfare requesting that a foreign journalist was interested to visit our shelter home. As per our organizational media policy (which was evolved in the last decade or so) we do not allow any journalists inside our shelter, so we point blank refused.

As an organization we have allowed only those willing girls/survivors who have been released from the shelter as per court orders to speak to the media. Here again the choice is completely with the girl to speak or not to speak. Many of our survivors who lead the community based awareness program are quite articulate and have spoken in front of the media.

My antennae was up, and I was wondering who is this person & why is he snooping about our organization and me but has not made any efforts to meet me. I called up the officials and got the name of the person. And then I realized that I know this person.

Many months back when I was in Armenia nominated for a Humanitarian Award, I had met this person. Even then my conversation with this person was uncomfortable, as I kept feeling that I was being cross-examined and there was a general bias against our work and me. This journalist was apparently writing a piece on ‘Re-trafficking in South Asia” or atleast that was what he was claiming on record (he had written a mail to me). I did express my discomfort to the organizers…as this was the first time I was facing any media person who was questioning me like this and definitely I was not expecting something like this when I was being applauded by international recognition.

So I wrote a simple mail telling him that I know he is in Hyderabad. He responded immediately that he was here for three weeks and he was very busy with his interviews but would like to meet me and also visit our shelter. So I responded that we cannot permit the shelter visit and as I was traveling extensively I also cannot meet him.

After that he has met several people, his questions were related to February attack in our shelter, our integrity and credibility and also about an article that appeared in Newyork Times.  But how is all this connected to ‘Re-trafficking in South Asia’ I will know when I read the proposed article. The nut & bolt of the matter was none of people whom he met felt comfortable.

Finally last week this person called me up. The call that lasted for 45 minutes left a deep bitter taste in my mouth. Apart from questioning me about the February attack which his questions insinuated that it never happened or it was wrongly reported, to questioning me about our media policy and stating that I am not very transparent.

So I told him, while my shelters do not provide development tourism opportunity and are not open for any random visitor, the agencies I am accountable to, including my donors, investigating officers and judicial officers have had opportunities to visit.

In fact license to run a shelter is issued only after the Department of Women & Child does a detailed scrutiny. And Prajwala is the first licensed shelter in Hyderabad. He wanted a copy of the Scrutiny Report which I said is with the Department. He told me that the department denied doing any such report…I said ‘you should find out from them why they said something like that’. To that immediately he retorted ‘why do you think she lied about this report’.        

His questions about our rehabilitation program was on lines that we make girls work to generate revenue for the organization. He also asked me questions on how we call somebody a trafficker.

By the end of the call my head was aching…and then he said something to the effect I hope you will respond if I have any further queries. So I asked him, how is he seeking my cooperation for an article that was obviously against us and whether he will show us a draft? To that he replied that he has been given a ‘grant’ to do this piece and the grantee which is an American Organization does not permit him to share the draft. Very probably the article will appear in ‘The Guardian’,‘Foreign Policy’ and some other papers.

Very obviously(from all the questions asked to me and others) the article is aiming to discredit Prajwala’s rehabilitation model and also maybe show me in a bad light. What can I say, but just wonder what will somebody gain by discrediting us?

During this process I also came to know that a similar effort was made two years back by somebody who teaches International Studies at California State University. She was commissioned to do a research on our rehabilitation model. While this lady did not make any effort to meet me, she met another organization that advocates for legalization of sex work and wrote a one-sided piece which was published in the Economic and Political Weekly titled ‘Humanitarian Trafficking’ –Violence of Rescue & (Mis) Calculation of Rehabilitation’.  The article does not mention us but out of context quotes me from my blogs. The attacks from traffickers who were posing as ‘victims’ in our shelter was portrayed in the article as ‘riots’ by inmates who were protesting against bad conditions in the home.  I can only smile sadly!

Who gains from discrediting us? Years of struggle to find the right answers and strategies to evolve a holistic rehabilitation model has not been easy with challenges from within and outside.

Financially sustaining these efforts without even a fund-raising team has been a herculean uphill task…We are not perfect…and we are constantly trying to evolve the right answers. Our strategies are based on the legal framework within which we are operating…we are also striving very hard to bring in better legal framework.

While discrediting is easy…the consequence of the same is far reaching. While there are dime to dozen organizations claiming to work on anti-trafficking…and several more who are sensitizing…the number of people working on setting up ‘safe homes’ that will assist in holistic rehabilitation is becoming fewer maybe closer to extinct and such articles do not encourage more genuine organizations to take up this kind of work. Most of the organizations that take government funds under ‘Ujjwala’ Scheme to set up homes do not have a single trafficked person in their home.

Demoralizing events/stories…can have its own consequences…

But from our end none of this is going to deter us from continuing our mission…we will continue to strive to find better strategies to improve our model…in all our failures…we will slowly but steadily build our success….a world free of sex slavery…a world where survivors will find their rightful place.                          

  

10 REASONS WHY THE ANTI TRAFFICKING BILL SHOULD BE PASSED

Today 30th July is World Day Against Trafficking in Persons. As practically the entire world grapples with the problem of human trafficking either as a source, destination or a transit; India takes another bold step to fight this organized crime from all ends making it one of the most holistic and comprehensive legal document. While the Loksabha passed the bill on 26th July,2018; the Bill still has to be passed in Rajyasabha.
As I sit here and write this article, I get a call from a senior police officer that little children as young as 7-8yrs old were just now rescued from a brothel around 45kms from my office. My fingers stumble and I am numbed for a moment. My whatsapp buzzes, the pictures of the rescue has arrived ...I am shocked see the faces of five little children huddled in a corner of a brothel. For a minute I give up on writing this piece, too shocked. I somehow dispatch my team to assist the police. I want to close my eyes as my head feels heavy and I sense the beginning of anger inside me…the picture haunts me. I know I need to calm down and write why there is such an urgency for a comprehensive legislation. For many who are opposing this Bill on presumptions and assumptions fearing for their livelihood, I want to just tell them lives of millions of children is at stake. While they worry about an imaginary crises, we are living with day today human tragedy of hundreds of lives lost in sex slavery.

It is in this context that I want put forth before you 10 reasons why I think the ‘Trafficking of Persons (Prevention, Protection & Rehabilitation) Bill should be passed.

1. It is comprehensive as it addresses gaps that so far remained unaddressed. It focuses on the prevention of trafficking, time bound trial, repatriation, relief, rehabilitation, protection of victims, witnesses, complainants and more. Not only is it about criminalizing and widening ambit of penal law, but also contains provisions for prevention, prosecution, protection and rehabilitation of victims.

2. All those components that is not covered in Sec 370, IPC such as buying and selling human beings, bearing child, begging, forced marriage, trafficking by administering chemical substance or hormones to make the victim attain early sexual maturity, trafficking by encouraging or abetting any person to migrate illegally into India or Indians to some other country, etc. is covered.

3. An institutional framework is legally mandated in the form of “National Anti Trafficking Bureau” which will be located in National Investigating Agency and will be responsible for all inter-state and cross-border cases of trafficking. This is perhaps the first step of its kind to fight the organized crime of human trafficking in an organized manner.

4. A dedicated Rehabilitation Fund is set up which will ensure legal assistance and support, counselors, translators, social workers, mental health professionals are available to the victims for care and protection at the cost of the state.. The rehabilitation measures are not merely restricted to placing victims in Rehabilitation Homes, but extend to providing physical, psychological and social support, including access to education, skill development, physical and mental healthcare, legal aid etc. The rehabilitation of the victim is not contingent on the conviction of the offender.

5. For the first time victim protection and witness protection is part of a legal document. (Sec. 52)

6. All the stakeholders and duty bearers (law enforcers, service providers etc.) are made accountable, so that no victim is subjected to secondary victimization.

7. The criminal syndicate and the proceeds from the crime will be systematically targeted and there will be definite dent in the organized criminal gangs.

8. The structural framework to both tackle the crime or to provide protection to the victims is from national to the local level.

9. ‘Exploitation’ is the core component to identify the crime. Anyone rescued in a place of exploitation who is able to convince the judicial officer that he/she was not exploited and is not speaking under duress will be released immediately.

10. The victims (adult or children) are entitled to interim relief within 60 days of charge sheet being filed; this is for the first time such a legal mandate is provided for the welfare of the victim. Till date as a State Scheme only two states Andhra Pradesh and Telangana have given interim relief to victims of trafficking.

Trafficking of persons is not an intellectual debate or a political agenda; it is the lives of millions whose bodies, mind and spirit are destroyed in this trade of human misery. They cannot form unions or become a powerful lobby as their voices are submerged and crushed under the weight of social stigma and ostracization. So those of us who have taken the responsibility of fighting this war on behalf of these victims and survivors it is our duty to ensure that these voices are heard loud and clear. I urge all concerned citizens to understand the need for such a legislation and use their good offices to influence our temple of democracy ‘the parliament’ to pass this Bill. Not that all problems will be solved overnight with this legislation, but at least it will be one step towards it.