Monday, March 5, 2012

From 'Goonda advocate Diary'



Its called  "from Goonda Advocate Diary" because, the media from past 4days constantly making the story and branding entire advocate fetarnity as Goonda advocate. I being a lawful member of such fetarnity, it's from my diary which I thought will share with you all.

There are some caveat,  before you read further thought will let you know these points,
1)    its my side of the story,
2)    It's the story which I have observed over these four days

I was still in college teaching my students when I heard these news on 2nd March ( which media called it has Black Friday, even I don't mind call it the same but not for that reason but my own reason), and I decided to stay back in the college, had a lunch at the college it self, switched on the news and saw what was claim to be 'happening' in the city civil court compound Bangalore, was shocked by seeing the news and attack on the journalists, few of my journalists called me to ask my opinion and also to confirm the death of the advocate, they also told me that 2 police men were dead. This made me more shock, but told them will speak to other members and confirm the same. When I called my advocate friends there are rumors and some one is saying that 2 advocates and some one is saying one is confirmed and two more on the list. Did not know what to do but decided to stay back in the college.

When I heard that things are calm-down, I left the college to go to my office and on the way saw hundreds of police vehicle at K.R.Cricle, I was also not in my advocate uniform so decided to take city civil court way, when I reach the city civil court, saw there are groups of advocate was running to court hospital with head injury, was not clear what was happening, when I went towards Mysore Bank Cricle I saw hundreds of police people beating each advocate whom they saw, their vehicles were smashed in front of senior police officials, thankfully my car did have any advocate sticker, nor I had any uniform, they let me pass through.
When I reached Gandinagar I saw number of advocate with the bleeding injury on the streets. Send them for treatment and parked my car at my office, took my other fellow advocate in plain cloths, and decided to reach city civil court to see what is happening.

We reached the university compound from where we could see the city civil court complex, what we saw was something which i have not seen before.

there was no marcy for police on advocate who was in and around, they manage to find each and every advocate who was passing through and beat them on the street chased them in and around the streets. let me tell you this is nothing to do with the lati Charge order its a act to find the advocate and beat them.

I called few police officer to understand what is happening, it was horror what they have told me as well, apparently the media has published the news that there are 2 police men died and two police men were kept captive in the complex and their eye's were removed, this is what led them to go over on each and every advocate who are in the region.

At 5PM some of the session judges where going out in their cars, some one in the police crowed shouted that the people who are going in the car are the advocate, without even looking who is actually going they smashed those cars on the road at Mysore Bank Circle.

The issues did not get over this, at one side i was trying to coordinate in order to release the advocate who were stuck in side the court complex, who could not come out due to police blocking the road all side from court complex, Mr Mirji came to the court complex at that time i saw many police who have entered the court complex put fire on the Maruthi Omni car which was standing in the complex. at this junction i have seen some of the journalist were having a happy laugh, and some of the people in the crowed stating that there is one more care burn burn, for which some people saying keep it till it get dark and then burn it!

I saw this incident till 7PM and then decided to go back to office and then i went home, switch on the TV to see what is being shown, it is horrible again, media is talking as if they are innocent and the advocate are the tugs. they have called all the advocate members as Goonda's, hooligans and what not.  false news continued to telecast stating that 3 police were died and up-course there is no news about either the facts that they advocate got injured, trapped in the court complex and their vehicle were burnt by the police.

some of the people, organization whom i know who claim that they are human rights activists, where given statement on TV channels, without verifying the facts that false news about police men death, this has been spread but non of them are making any statement that possible injury on the advocate and their property.

I spoke to each one of them and condemned the and said 'what you just said is wrong'.

In the morning got a text from one of my journalist friend stating that " I hope we have been objective in or reporting"

for which i replayed, "to an extent yes"
it seems to be he got upset and sent me reply, "what do you mean?! It is very unfortunate that you are taking sides!!"

For which i felt telling him some thing what i saw and texted him this, "lets not talk about it I was standing in the place from 3PM to 7PM and saw what happened and also the media people around the police who witnessed and refuse to record what went, unfortunately I know some of the media people and also the police indulge in the activities. If u want me to talk only what happened in the morning u also taking stand which I think is not correct as well"  and i further said, "Compare to others you paper has some story from other side which I recognize".

I do not know what he felt he send me another text, "Thanks for certificate, your honour"
for which I really felt like saying some thing and said, "No journalist filed the case on the attack on them, they took law on their hand, when police smashing the car and beating people laughed. I am not honour and have no strength to give certificate to anyone, and neither I defend any advocate, i only condemn what I saw, I think i have right to do so"
for which he replayed, "we'll talk later"

In the day I saw lots of students have posted the photo which clearly shows how police attacked the vehicle, I went and met few people and learnt many inside story.

Even today many of the people who claims that they are intellectual continue to comment by just looking at the news paper and the TV. Today some one asked me why you advocate behave like this what is happening when did you people grow above the law i said i am still below the law i am not above the law, and requested them don't talk to people by just looking at the news which has been telecasted on the air or printed and there are many other story to it. when they asked me to appear in a matter i said i have been called Goonda Advocate if you have no problem being represented by Goonda advocate i will represent you.

Its my diary I thought I will let you know. I am Goonda I have no problem to defend you if you have no problem being defended by Goonda. 

J


Friday, December 16, 2011

E-mails Can be written in many ways!

Dear JK Thank you very much for the mail. Indeed it's a great pleasure to read a beautiful mail which cantinas both English and Kannada.  I have found a small mistake, in English Murali Mohana Kati ( may be I should refer Mr Murali Mohana Kati) (here in after called MMK) is mentioned first and followed by your name. However in Kannada your name mentioned at first place then followed by Mr. MMK may be its deliberate but I thought I will mention it to you, in case if it's not deliberate you should know about it.  Any way this in not what I wanted to bring to your knowledge.  What I want to bring it to your knowledge is some thing very important which may end up in legal implication including you and me.  I am not actually that concerned about you being implicated in legal battle, but i am concerned about my self.  Please do not mistake me that I am not thinking about the legal problem you end up getting with, I am equally concern about you being implicated in the case as well, But I think you have some brain and I am shore you have used it wisely while sending this mail out so I am concerned about my self at this junction.  That's is why I decided to write to you a detail mail which may keep you updated and question your rationality and the rational decision which you have taken while  writing this mail out.  In fact may be this my duty to inform you about the possible legal implication you may get in to.  Anyway let me come to point.  The issue which I am going to raise in this mail  is out in the mail it self, may be I should apologize for not responding to you before or as soon as I got the mail. The only reason I could not respond to you, is that I did not had an opportunity to read the mail which you have sent till day.  I know it's not an excuse to give but I seriously did not had time since I was caught up with many other things. And it does not make sense reading with out investing time so was weighting for proper time. When I realize that proper time may not come in Near future decided to read in brief. You should excuse me for not able to read in detail, it just that I have understood the seriousness and the importance so thought I will respond to you as quickly and may be I will do write a detail mail in this when I have more time. Not necessarily concerned to this mail but in general abut the implication of such mails.  Now lets quickly come to the point. Its just that, your mail says as fallows:- "We kindly request you to pass on this message to all your contacts and encourage youth leaders of youth organisations/community based organisations/ mass organisations/youth clubs to participate in this workshop" Now the issue in this mail is you have requested us rather requested the recipients of this mail including me, to send this mail to all our contacts, now this can be a issues which can have serious legal implication specially the IT ACT, you may be aware of the spamming laws in India, if not do let me know we can discuss on this point as well. It's equally important that we are all aware of this laws.  See if I put it in brief and my question starts from this, what happens if some one file case against me for spamming their mail box? Who will be held liable? Can we have some kind of agreement on this point before i send out the mail. It's just that you are aware that the impact and the possible backlash and the possible legal case being filed against me and for no fault me and i dont want to end up being harassed by the people.  What I have stated is just one kind of case being filed, but I am refrained from suggesting or writing any other legal cases being implicated. Some times it's better that we do not spelt out many thing because I don't trust the cyber space including this mail, because the possibility of third person reading this mail is quite high, the hacking is an offense people still do it.  Any way due to lack of time and the lack guaranty of privacy in the cyber space I will close this mail and may be we should discuss this when we  meet in person.  I just realized that this mail also has Mr.MMK as one of the signatory so thought its appropriate to inform him as well so I have CC this mail to him as well, it's just as a formality I thought its important for him to know as well.  Hope to see you and we can have more discussion if not with out much caring a out the privacy I will do detail mail on this subject.  Wishing you best  Yours 

Wednesday, October 19, 2011

Will be some impact on Hospital at least!

"Former Chief Minister of Karnataka BS Yeddyurappa has been discharged from Victoria Hospital and is back in Bangalore's Central Jail" BS Yeddyurappa has been on a hospital-hopping spree for quite sometime now, last night after he was discharged from Jayadeva Hospital was then taken to victoria hospital. Media criticized the move of the government and the department in the manner he was taken to hospital and it was held that this is an attempt to avoid time in jail. we know so for he has spent only a few hours last Saturday before being rushed to hospital. His bail application was came up for hearing in high court on 18th October and it seem to be Mr BSY was confident that he will get out same day and he prepared himself after the bail, it seems to be he declared that his health is fine and seems to be he has directed the doctor to issues statement to that effect. in case if he attend the public meeting court and public should not feel that Mr Yaddi's hospital was just a drama to avoid the time in jail. Statement also came by CN Manjunath, director of Jayadeva Institute said the former chief minister had no serious cardiac ailments and he was discharged on  18 October. however by the after noon when they realized that the bail hearing could not take place they twisted the story on 18th stating that his cardiac aliments are fine but, he could be shifted for any multi-specialty hospital for treating his other ailments like back pain and breathlessness! such a blatant lie. If one look at this aspect in a slightly different angle its seems to be interesting to me, since such big big politician going to hospital when they were jailed will at least bring the down some of the problems like cleanliness, facility to the other people lodged and better attentive by the doctors, wow what a change has brought by keeping them in the hospital then keeping them in the prison. Dont ask me does't same thing happen in the prison as well? no its too big place and its to private to happen people in side the prison though they have a voice has to keep it low and should not speak any thing about, in case if some thing happen if some one raises his/her voice then the person plight has gone for task he may get special treatment in the hospital not because of the pre-deceased but for post statement may be for some of his bone. so if one look at different there is nothing much may happen keeping them in the prison let them be in the hospital at least some poor people lodged in the hospital may get good treatment.

Tuesday, October 18, 2011

Recent Arrest of Mr Yaddyurappa

Recent arrest of the Ex CM Karnataka Mr. Yaddyurappa in a land case by Lokayutha court raised main issues specially the VVIP bail being denied and sent to prison and there after hosting them in the Hospital and numbers of people are being visited including the current chief minister, number of minister, MLA and also police commissioner are visited him at the Hospital in bangalore.   Its fine that the people are being treated for the decease which they have are develop while they are in the custody and i advocate that it should be available every one who are in need while they are in prison. This reminds me of some of the provisions of our constitution "Article 21. Protection of Life and Personal Liberty; “No person shall be deprived of his life or personal liberty except according to procedure established by law”. The Supreme Court of India, by interpreting Article 21 of the Constitution, has developed human rights jurisprudence for the preservation and protection of prisoners‟ rights to maintain human dignity. Although it is clearly mentioned that deprivation of Article 21 is justifiable according to procedure established by law, this procedure cannot be arbitrary, unfair or unreasonable. In a celebrity case (Maneka Gandhi Vs. Union of India., 1978), the Apex Court opened up a new dimension and laid down that the procedure cannot be arbitrary, unfair or unreasonable. Article 21 imposed a restriction upon the state where it prescribed a procedure for depriving a person of his life or personal liberty. This was further upheld (Francis Coralie Mullin v. The Administrator, 1981) “Article 21 requires that no one shall be deprived of his life or personal liberty except by procedure established by law and this procedure must be reasonable, fair and just and not arbitrary, whimsical or fanciful. Any violation of this right attracts the provisions of Article 14 of the Constitution, which enshrines right to equality and equal protection of law. The question is not Mr.Yaddyurappa being treated in Jayadeva Hospital, yes its a question for many people who are in need of medical treatment very badly but continued to treat in the prison, there are people died in the prison for not treating them properly or no treatment. but i am raising another angle in to it, which is, according to prison manual the the prison has divided in to two category one is under-trial prison and the other is convect prison. According to the law the Under-trial prison are entitle to meet their family member's and the friends once a week (but this doest not affect the right to the accused to meet his/her advocate at any time he/she need to meet) and the convect prison prisoner is entitle to meet his/her family, friends once in 15 days. The law also put another restriction that this meeting should happen in the presence of the superintendent of prison or in the presence of person authorized by him. However all of us have seen how many people have been gone to meet him. also what is disturbing is how could a chief minister go and meet him. transferring from one hospital to another hospital also shows how much influence he has and this clearly violation of the Article 14 of the constitution. --

Friday, September 23, 2011

It was nice to read the article in today Prajavani on the wide spoke topic the death sentence, the analagi given by Shri Chandramouli which starts like this "ನೀವು ದಾರಿಯಲ್ಲಿ ಹೋಗುವಾಗ ಒಬ್ಬಾತ ಕುರಿ ಕಡಿಯುತ್ತಿ ರುವುದನ್ನು ನೋಡುತ್ತೀರಿ. ನೀವು ಸಸ್ಯಾಹಾರಿ ಆಗಿದ್ದರೆ ಅದು ನಿಮಗೆ ಸಹನೀಯ ಆಗದೇ ಇರಬಹುದು. ಮಾಂಸಾಹಾರಿಯಾಗಿದ್ದರೆ ಏನೂ ಎನಿಸುವುದೇ ಇಲ್ಲ. ಆದರೆ ಮನುಷ್ಯನೊಬ್ಬ ಒಂದು ಮಗು ವನ್ನು ಸಾಯಿಸು ತ್ತಿದ್ದರೆ..? ಇದನ್ನು ನೋಡು ವುದಿರಲಿ, ನೆನೆಸಿ ಕೊಂಡರೇನೆ ಮೈ `ಝುಂ` ಎನ್ನುತ್ತದೆ. ಇದೇ ಅಪರೂಪದಲ್ಲಿ ಅಪರೂಪದ ಪ್ರಕರಣ". Then its goes on to set an agenda and says " `ರೂಲ್ ಆಫ್ ಲಾ` ಉಳಿಯಬೇಕಿದ್ದರೆ ಮರಣದಂಡನೆ ಶಿಕ್ಷೆ ರದ್ದಾಗಬಾರದು. ಇಂತಹ ಒಂದು ಶಿಕ್ಷೆ ಚಾಲ್ತಿಯಲ್ಲಿ ಇದ್ದರೆ ಒಬ್ಬ ಕೊಲೆಗಾರ  ಕೊಲೆ ಮಾಡುವ ಮುನ್ನ ಎರಡೆರಡು ಬಾರಿ ಯೋಚನೆ ಮಾಡುತ್ತಾನೆ. ಇಂತಹ ಶಿಕ್ಷೆ ನಮ್ಮಲ್ಲಿ ಇದೆ ಎಂದು ಗೊತ್ತಿದ್ದರೂ ಕೊಲೆಗೆಡುಕರ ಸಂಖ್ಯೆಯೇನು  ಕಡಿಮೆ ಆಗಿಲ್ಲ. ಆದರೆ ಗಲ್ಲುಶಿಕ್ಷೆ ಇಲ್ಲವೇ ಇಲ್ಲ ಎಂದಾದರೆ ನಮ್ಮ ಸಮಾಜ ಯಾವ ಮಟ್ಟ ತಲುಪಬಹುದು ಒಮ್ಮೆ ಯೋಚಿಸಿ." The Justification Mr Mouly give is some thing very interesting, which says "ಅರಬ್ ದೇಶದಲ್ಲಿ ಸಾಮಾನ್ಯ ಶಿಕ್ಷೆಯೇ ಅತ್ಯಂತ ಕ್ರೂರವಾಗಿದೆ. `ಕಣ್ಣಿಗೆ ಕಣ್ಣು, ಕೈಗೆ ಕೈ` ಎನ್ನುವುದು ಅಲ್ಲಿಯ ರೂಢಿ. ಒಬ್ಬ ಕಣ್ಣು ಕಿತ್ತರೆ, ಅಪರಾಧಿಯ ಕಣ್ಣು ಕೀಳುವುದು, ಕೈ ತುಂಡರಿಸಿದರೆ ಅವನ ಕೈಯನ್ನೂ ಕತ್ತರಿಸುವುದು, ಅತ್ಯಾಚಾರ ನಡೆಸಿದರೆ ಮರ್ಮಾಂಗವನ್ನೇ ಕತ್ತರಿಸುವುದು ಇತ್ಯಾದಿ ಪದ್ಧತಿ ಜಾರಿಯಲ್ಲಿ ಇದೆ. ಅಷ್ಟೇ ಅಲ್ಲ. ಆದುದರಿಂದ ಅಂತಹ ದೇಶಗಳಲ್ಲಿ ಅಪರಾಧ ಮಾಡಲು ಜನ ಹೆದರುತ್ತಾರೆ. ಆದರೆ ಅಂತಹ ಕ್ರೂರ ಶಿಕ್ಷೆ ಭಾರತದಲ್ಲಿ ಇಲ್ಲ. ಇರಲೂ ಕೂಡದು. ನೇಣು ಹಾಕಿ ಸಾಯಿಸಲಾಗುತ್ತದೆ." Mr Mouly's example of taking Arab country its extremely contempt, when we talk about the Arab Contry we say how punishment's are given and we compare that we are lacking behind in giving punishment for the offence which happen in our country. If i ask are we ready to loose our freedom which we enjoy under our constitution? forget this, has the crime in Arab stopped or reduced? if not they why do we take such example as model? don't we do injustice for our self and also to the country like Arab where number of people with in themselves fighting for their rights and proper implementation of law not like what is being implemented now? if one personally ask me this is completely unacceptable. Mr Mouly in his article counter the people who are opposing death sentence, and says "ಮರಣದಂಡನೆಗೆ ಒಳಗಾದವ ಆತನ ಕುಟುಂಬದಲ್ಲಿ ಒಬ್ಬನೇ ದುಡಿಯುವವ ಆಗಿದ್ದರೆ, ಅವನ ಸಾವಿನ ನಂತರ ಕುಟುಂಬವನ್ನು ನೋಡಿಕೊಳ್ಳುವವರು ಯಾರು, ಅವರಿಗೆ ಯಾರು ಗತಿ ಎಂಬೆಲ್ಲ ಪ್ರಶ್ನೆಗಳು ಮರಣದಂಡನೆ ವಿರೋಧಿಗಳದ್ದು. ಇದು ಒಂದು ಮುಖವಷ್ಟೇ". For that he say further, "ಆದರೆ ಆತನನ್ನು ಬದುಕಲು ಬಿಟ್ಟರೆ ಅದರಿಂದ ಎಷ್ಟು ಕುಟುಂಬಗಳ ಬೀದಿ ಪಾಲಾಗುತ್ತವೆ ಎಂಬ ಇನ್ನೊಂದು ಮುಖವನ್ನೂ ನಾವು ಪರಿಗಣಿಸ ಬೇಕಾಗುತ್ತದೆ." actually i have a question over there recently we were discussing no this issue with few of our friends, How do we respond to the incident like Bombay (26/11) or even Rajiv Gandi killing, these are the people who are trained to die and some people were told that if they die for religion they will get some thing special treatment in the heaven, does the death sentence is answer.    It is equally important to see a comment by Justice Ravi B Nayak said in the same paper he says "ಜೀವ ಕೊಡುವವನು ದೇವರು. ಅದು ಮನುಷ್ಯನಿಂದ ಸಾಧ್ಯವಿಲ್ಲ. ಹಾಗಿದ್ದ ಮೇಲೆ ಜೀವ ಕಸಿದುಕೊಳ್ಳಲು ಅವನಾರು? ಹೀನ ಕೃತ್ಯ ಮಾಡಿದಂತಹ ಸಂದರ್ಭಗಳಲ್ಲೂ ಗಲ್ಲು ಶಿಕ್ಷೆ ಕೊಡುವುದು ಉಚಿತವಲ್ಲ. ಅಪರಾಧಿಗೆ ಆತನ ತಪ್ಪು ತಿದ್ದಿಕೊಳ್ಳಲು ಅವಕಾಶ ಕೊಡಬೇಕು. ಅತಿ ಕ್ರೂರವಾದ ಕೃತ್ಯ ಎಸಗಿದ ಸಂದರ್ಭಗಳಲ್ಲಿ ಹೆಚ್ಚೆಂದರೆ `ಜೀವನಪರ್ಯಂತ ಜೈಲಿನಲ್ಲಿ ಇರುವಂತಹ` ಜೀವಾವಧಿ ಶಿಕ್ಷೆ ನೀಡಬಹುದು." I completely agree and i think this is reality, I may differ the aspect of 'god' mentioned by Justice but when we are not capable of giving life for some one how can we take some one life based on the statement made by some people. This also makes me feel bad how did we loos Justice R.B.Nayak's service to our High Court. At last we may have problem in people's view/ ideology or commitment and what they do with the such ideology is also wrong but death sentence is not the answer. specially we have people like Bhagat Singh, Rajguru and Sukhdev were sentenced to death in the Lahore conspiracy case and ordered to be hanged. This also reminds me a Jataka story in which king order to impose stringent sentence to the people who commit the offence, but the offence did not reduce infect it increased, if there were dacoity now started committing murder with dacoity. when king asked why such increase of crime, people told him that they want to destroy the evidence so they are killing the people. Then finally order that people should be given proper and adequate livelihood in order to live their life properly. what we need is to get to the root then just killing people. At last anyway there is no scope in our criminal law to take revenge, we are also not saying that what has happened is right we are only saying what has happened should not be repeated.

Thursday, September 22, 2011

Supreme court on Sex-worker

Recently supreme court has passed various order with respect to sex worker in India and how to improve the fate of the se-worker in india. The order dated 2nd August 2011 starts with the " Pinha tha daam-e-sakht qareeb aashiyaan ke Udhne hi na paaye the ki giraftaar hum hue Mirza Ghalib" Its goes to the intention behind the exercise which seem to be good at the face of it. what is disturbing is that reason behind this excise for example, "As already observed by us, a woman is compelled to indulge in prostitution not for pleasure but because of abject poverty. If such a woman is granted opportunity to avail some technical or vocational training, she would be able to earn her livelihood by such vocational training and skill instead of by selling her body." The Apex court proposes to eradicate the sex-work in the country, what its proposes is, "we direct the Central and the State Governments to prepare schemes for giving technical/vocational training to sex workers and sexually abused women in all cities in India. The schemes should mention in detail who will give the technical/vocational training and in what manner they can be rehabilitated and settled by offering them employment. For instance, if a technical training is for some craft like sewing garments, etc." it is also aware the impact of just providing the training for production without looking for the proper market so its further direct that, "then some arrangements should also be made for providing a market for such garments" The intention as stated above seems to be nice and fine but if one go again littler further to read the judgement it says "Sex among human beings is different from sex among animals. Sex in humans has a cultural aspect to it also, and is not just a physical act. A sex worker who has to surrender her body to a man for money obviously is not leading a life of dignity. Ordinarily, no woman will willingly surrender her body to a man unless she loves and respects him. A sex worker is obviously not surrendering her body to a man because she loves and respect him, but just for sheer survival. As Nancy says in Charles Dicken's novel `Oliver Twist', "you adapt or you die" it's seems to be the Apex court is generalising the entire sex-worker community. in fact the further order dated 24.08.2011 says "25. As regards the Central Government, Ms. Sangeeta Verma, Economic Adviser, Ministry of Women & Child Development, Government of India who represented the Central Government at the Panel meeting, explained the significance of the UJWALA Scheme which has five components utilized for rehabilitation of sex workers. She also pointed out that if the sex workers do not wish to go back home, then another program called STEP is available for them which is being implemented by the Central Government effectively. She pointed out that poverty is the main factor which pushes vulnerable women to prostitution. She emphasized that the Central Government has Schemes in place which may be availed of by the sex workers who are voluntarily willing to opt for their rehabilitation, although these are not specially earmarked for the sex workers. Even such general schemes can be made use of by them once they are willing to come out of the sex trade . We request the panel to investigate whether these schemes exist largely on paper only, or whether they have been actually implemented. 26. From a perusal of the UJWALA Scheme it appears that the Central Government has scheme only for rescued trafficked women but no scheme for those sex workers who voluntarily want to leave the sex trade. In our opinion, proper effective for those sex workers who voluntarily want to leave the sex trade. In our opinion, proper effective scheme should be prepared for such women also. In this connection, we would like to say that the Central Government scheme has placed a condition that the rescued sex workers must stay in a corrective home in order to get technical training. In our opinion, no such condition should be imposed as many sex workers are reluctant to stay in these corrective homes which they consider as virtual prison." this indicates that there are people who voluntarily want to live the sex trade and there are who want to live and continue over there. Why this attracted me is also because each time when i have taken class to police in our state on Trafficking laws their question is what about the people who do it them self with out any force? what about the high class sex-worker who do it on their own? This indicate that the government also recognising that there are people who forced in to/ trafficked in to the trade. what we have to be more concerned is to eradicate the trafficking. supreme court is keen on rehabilitating the sex-worker, but still thousands of women who are trafficked are forced to be in jail along with the trafficker, in fact the Apex court in Bachpan Bachao Andolan (2011) 5 SCC 1, case said that the the children who are trafficked and used them in the sex-work should be rescued. since this judgement speaking the larger issues of the sex-work and talking about the rehabilitation of the sex-work let there is some direction with respect to treat them as women/human and provide them proper care and not look at them as criminal further if they don't want to treat them as victim of trafficking even though the law says so. I am also interested in looking at the functioning of the comity in order to kind of cases booked under the ITPA Act and number of trafficked women were arrested under the ITPA act and treated them as accused.

Thursday, September 1, 2011

Thank You


 
Yesterday morning when I woke up to go far my morning run saw a missed call and a message from friend of mine “call me as soon as you see this message’. I called him to see what had happened.  He said that ‘one 20-30 people’ were detained in various police stations across the Bangalore. I heard that 120 to 130 people! It was not new, but this time it was strange it’s also because the number of people involved in it.  
This is in connection with the robbery has taken place in City 10 days ego, it is the story of the police that a Nepali Security Guard has stolen 3 KG of gold from a Jewelry shop. It is their story that he has entered the Jewelry shop from the building he was working and taken the gold and runaway from there. Police have decided that if they bring his relatives and the village people who are working in Bangalore at various places, their family will bring this security guard who ran away with the 3KG of Gold.
Anyway when I heard 120 People, I felt, how they can do this. Why do they have to keep them in side for 10 days? Decided to do something about it. How do we do this? My friend told me that we should not disclose the details of the person who has given the information to us. Police has let him go only with the condition that he will not open his mouth. In case if we take his name then for shore there is complete chances that his life and liberty is at danger.
I thought the best way to deal with this is to bring this issue to State Human Right Commission and our High court has holiday for 5 days since there are festival, and also who will be the party to go before the high court? The root of SHRC was the best available option for us. Called the Chairmen SHRC and asked him if he could do anything in this case. He said its holiday and he has no staff to deal with it and he expressed his inability to deal with it till Friday. I can understand his position, but I have to do something about it, that’s when the idea of Sting operation came in to my mind.
Thought we do sting operation and then take this matter to Home office of Chief Justice of High Court and see what will come out.
Made few calls for journalists friends and advocate friends sought there help we all assembled at Press club around 3.30PM, But the hidden camera was still issues, a professional media friend decided to go and buy new one and he also reached the Press Club by 3.45PM with the new camera. When we were testing that Camera came to know that battery of the camera is already dead! Thankfully my Laptop was in the car and put this camera for charging. We met this guy who was released by the police and told us that still another 20-30people are inside and got the clear picture and made out plans and decided to go.
It was already 4.30PM now we are all ready to go and bang the police with the help of New Hidden Camera tested before going to station again it’s working now. An guy  who was holding the Camera we went in it was already 5PM. Saw few Napali looking people kept in the cell could not talk to them, suddenly this guy came to me and told me that the Camera recording indication light is bright and people could able to see it. Did not know what to do and could not able to help him in that position. The Inspector of Police of that station was present in the police station, he welcomed us and offered Tea, and we said Black Tea would do.
We had Tea and asked him the details of the case and why they have been detained in the station. He said that they are innocent but kept them inside the station in order to bring the real culprit. Yes but why should they be detained for 10 days, he said not 10 days only few days. After long debates we said release them now/today otherwise incase if something happen we are not in a position to help the police. He was shocked by the end of it and said that he will speak to his high officer and release them immediately. Now we went and spoke to these people took their names and give them my card and asked them to call once they are being released.
It was already 6PM we felt that this guy will release them in case if he does not release them we will look for the next plane of action and left the place. I got a call around 8.30 PM from one of this guy stating that they are being released and he said 'Thank You'.