ucknow  Incident 2 

12th January 2006 

On 3rd January, four men were arrested in Lucknow for being a part of what the 
Lucknow police called a "gay racket" and were charged under Section 377 of the 
Indian Penal Code. Police claimed that there were substantial numbers of men in 
the city who were a part of this "gay racket" and that further, as the SSP 
stated at a press meeting, there were HIV/AIDS organisations who were 
supporting such a racket and he would "deal with these organisations" as he 
knows what they do. 

In Lucknow, there are only two such organisations. Bharosa is a local 
community-based Organisation providing direct HIV/AIDS prevention, care and 
support services for kothi-identified males and their partners, as well as 
other `MSM', while Naz Foundation International (NFI), is an international 
HIV/AIDS technical support agency supporting `MSM' HIV/AIDS interventions in 
several countries, including India. Headquartered in London, UK, its Regional 
Liaison Office is based in Lucknow also. 

Bharosa Human Rights Cell (developed with NFI technical support) in 
coordination with NFI Regional Office and local NGOs have found out the 
following through a preliminary investigation: 

1.               Lucknow police was informed about the website www.guys4men com 
through their own sources. 
2.               A profile of N.N. From Lucknow was on the website. 
3.               The police arrested this person from his residence on the 
night of 3rd January 2006. 
4.               The police checked the mobile records of NN. 
5.               The police picked three names from the mobile records based on 
the fact that regular calls were made to and from these numbers. 
6.               The police forced NN to make calls on 4th January 
2006 to these individuals and call them to Mahanagar Classic Restaurant 
individually 

7.               The police with NN were waiting for these people at the 
restaurant for these people and arrested AK, PG and PW when they arrived. 
8.               However the police in its FIR mentions that they were caught 
having sex in the park and arrested. 
9.               It appears that there has been no medical examination done on 
these men even though they have been charged under Section 377 which requires 
such an examination within 24 hrs of the arrest. 
10.            In the police FIR, 13 other people have been named with their 
mobile numbers. 
11.            Bharosa and NFI Regional Office have been informed through 
sources that the SSP had made a statement at a Press Meeting (5th January) that 
he will deal with the HIV/AIDS organisations working "with these people" for 
"promoting homosexuality". 

Since the 5th January, Bharosa along with NFI Regional Office Executive 
Director, has been in communication with a range of police, government 
officials, UNAIDS, and others, as well as meeting with the various police 
officials and bureaucrats responsible for law and order, as well as the Project 
Director of UPSACS to argue that the arrests were illegal, and further, the 
continued harassment and potential victimisation of so- called "homosexuals" 
was greatly interfering with Bharosa's outreach work ad threatened the 
existence of both Bharosa and NFI Regional Office. 

NFI also was able to get in touch with Peter Piot of UNAIDS Geneva, Denis 
Broun, Country Director of UNAIDS India, and Mr. JVR Prasada Rao, Director of 
the UNAIDS Asia Pacific Regional Support Team in Bangkok, along with a number 
of its Patrons such as Lord Navneet Dholakia in London, as well as the British 
Foreign and Commonwealth Office, and government representatives in other 
countries to address its concerns about the police and official attitudes in UP 
with regard to providing prevention, support and care services for `MSM'. 

Over the last three days, the National Campaign for Sexuality Rights initiated 
a fact finding team which visited Lucknow. The team included Mr. E Manohar  –a 
human rights activist from Bangalore; Arvind Narain – Alternate Law Forum; 
Vivek Diwan – Human Rights lawyer; Jashodhara Dasgupta – Sahyog representative; 
Tulika Srivastava – ALLI representative; Maya Sharma – PRAMA representative. 
The team of six has completed their fact finding mission, and their report was 
released to the press in Lucknow on the 12th January, 
2006. 

Currently, the original four men are still in jail under judicial custody. 
Bharosa Human Rights Cell has pleaded bail for one of these men (who did not 
have their own lawyers). For the other three men their lawyers are handling the 
case. 

The threatening attitude and possible harassment of both NFI Regional Office 
and Bharosa by local police is very distressing, particularly when the National 
AIDS Control Organisation itself is planning to scale up targeted interventions 
for vulnerable populations in the country. 

One outcome already achieved by the work of NFI and Bharosa in this current 
situation has been that UNAIDS in India is now actively working with the local 
law enforcement establishment to organise a seminar (s) for the police and 
bureaucrats in Lucknow and UP, on government HIV/AIDS policy and targeted 
interventions with MSM which will involve both Bharosa and NFI Regional Office 
as well. 

Further in the last few days, protests and campaigns against the arrests of the 
men in Lucknow have been held in a range of cities, including Delhi, Bangalore, 
Kolkata, Mumbai by human rights activists and local NGOs. 

Bharosa NFI Regional Office 

Bharosa Trust 
21/6/5 Peerpur House 
8 Tilak Marg Lucknow - 226 001 U.P., India Email: [EMAIL PROTECTED] Tel.: 
+91(0) 522 2208689 Fax.:+91(0) 522 2205267 




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