Full report (pdf) - People's Union for Civil Liberties

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12Officer making the arrest nor were theretwo respectable inhabitants one of thembeing a woman when the arrest wasbeing made. The Mahazar is signed bytwo male members of the Panchayat butthe arrested women categorically denythat there was anybody else apart fromthe police officers during the arrest. Thefact that there were neither SpecialPolice Officers nor were there tworespectable inhabitants (one of thembeing a woman) makes the mode ofarrest highly irregular.3. Following the incident of 02.06.07, theaction of the Probationary Dy. S. P inentering Suraksha office without asearch warrant and examiningSuraksha’s records is illegal. The policeare not entitled to enter private premisesand conduct a search without a warrant.This remains a matter of serious concernas any violation of the confidentiality ofclients of Suraksha can have veryserious personal repercussions.4. With respect to the attack on the proteston 03.06.07 from the testimonies thepicture which emerges is clear policecomplicity in the attacks. It is clear thatthe police tried to get the protesters tostop the protest and when that did notwork, the police were clearly complicitin attacking an unarmed peaceful groupof protesters. The police allowed theattackers to go ahead and disrupt theprotest, in some cases directly aiding theattackers by beating the protesters inothers encouraging the goondas to beatthe protesters and in all cases silentlywatching the goondas beat unarmedand peacefully demonstrating people. Itis no excuse to say that the protestershad no permission and hence wereentitled to no protection. It is also falseto suggest that the slogans were soprovocative that the mob was outragedand that they attacked. If such wasindeed the case there would have beenat the least an exchange of words beforethe attack commenced. Instead all theevidence points towards a plannedattack on the peaceful protesters usingthe excuse that the passers-by wereprovoked. The testimony of theprotesters indicates that the passers-bycontinued to go about their workwithout gathering in any number towatch the protesters much less expressany hostility towards the protesters.The attack was not by passers-by butrather by an organized group which hadas its objective the disruption of theprotest.5. The basis of the series of events since02.06.07 which culminated in the attackon a peaceful assembly on 03.06.07 is thebelief of the police that they areguardians of a moral order. The policedo not see law and morality as separatespheres with their duty being theenforcement of law, but rather as theprotection of society’s morals. Nowhereis this more in evidence than in the factthat they use an Act meant for theprotection of women to target womenthemselves. It might be immoral to sellsex, but the law only considers it illegalfor third parties to make money out ofthe selling of sex. However the police tothe stamp of approval from the mediago on to arrest women for what theythemselves allege are immoral activities(read consensual acts of sex) in completeand wilful ignorance of whether theseimmoral activities are indeed illegal.The police not being content with tryingto enforce a moral order using legalmeans have also been complicit in theperpetration of illegal acts to alsoenforce a moral order. While it might bea opinion of a section of society thatsentiments such as ‘My body, my right’should not be aired, the policecomplicity in violent acts which enforcesuch sentiments through street levelaction only undermine theConstitutional promise of the right tofreedom of expression and the right toassemble peacefully and without arms.
RecommendationsTo the state1. The Bangalore SP to take action on thecomplaint given by the KarnatakaSexworkers Union with a view toidentify those responsible for the attackon 03.06.07 and take all necessary action(see Annexure V).2. the Bangalore SP to conduct an inquiryto pin responsibility on those policeofficers responsible for the attack on03.06.07.3. Greater police education and awarenessof the purpose of the ITPA and thenecessary separation between law andmorality.4. Ensure that in conformity with both theITPA and the DGP circular cases are notbooked against women victims underSec 3, 4, 5, 6 and 8 of the ITPA.5. The Bangalore SP to ensure thathenceforth all procedural safeguards aspresent in the ITPA and Cr. P. C arerigorously followed.6. The Bangalore SP to ensure that policehenceforth do not allow the media toreport from within the police station andto ensure that the media is not allowedto substitute the judicial process ofadjudication of guilt.To the media1. Both TV9 and E TV Kannada to takeaction against those responsible forirresponsible and salacious reportingwherein the media showing the faces ofthe accused exposed them to societalridicule even before the judicial processcould commence.2. To ensure that all media reporting ofcases under the ITPA is done byblanking out faces.3. To provide a balanced reporting whichalso considers the viewpoints of womenin sexwork.To NGOs/ Funding agencies1. To minimize the collection of extremelysensitive information which could putalready vulnerable women at risk. Whatthe Channapatna arrests reveal is thearbitrary power in the hands of thepolice and the extreme vulnerability ofNGOs working with HIV and AIDS topolice action. This means that theseNGOs have an added responsibility toensure that the rights of the mostmarginalized are not compromised inthe fight against HIV and AIDS.2. To put in place safety protocols so thatsensitive information does not fall intothe wrong hands.13
Page 1 and 2: Policing Morality in ChannapatnaA P
Page 3 and 4: IntroductionThe series of disturbin
Page 5 and 6: Following the raid the Probationary
Page 7 and 8: There was media coverage with headl
Page 9 and 10: and as we boarded the tempo to take
Page 11: information reaches KHPT in coded f
Page 15 and 16: Annexure 1...ctd15
Page 17 and 18: Annexure 317
Page 29 and 30: www.pucl.orgPeople’s Union of Civ

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