annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Gujarat
remained overcrowded resulting in the
growth of homosexuality. Despite the
implementation of the “safe sex practices”
in nine jails of Gujarat, the Gujarat State
Aids Control Society reportedly treated
4,247 prisoners in Surat Jail alone. 25
IV. Defenders at risks
Human rights defenders and Non-
Government Organisations continued to
face risk of security of life and liberty both
from the Hindu fundamentalist groups and
the government for their attempt to obtain
justice for the victims of Gujarat riots. The
state government including Chief Minister
Narendra Modi openly questioned the role
of the NGOs. 26
In an application before the Supreme
Court, noted dancer Mallika Sarabhai
alleged that the Gujarat government has
been harassing her because she had moved
the SC seeking a CBI probe into the riot
cases. The State government had restricted
her movements and she was unable to
travel freely within and outside the
country. On 16 February 2004, the
Supreme Court ordered the Gujarat
government to lift restrictions put on her. 27
As the restrictions remained despite the
Supreme Court directive, Sarabhai again
approached the Supreme Court in
February 2004. The police allegedly
harassed her on the basis of a “frivolous”
complaint over alleged misconduct of her
dance academy, Darpan. She alleged the
police had foisted a false case on her
because she had moved the SC seeking a
CBI probe into the riot cases. 28
On 11 April 2004, VHP activists
allegedly assaulted three persons,
including Shabnam Hashmi, chief of an
NGO, Act Now for Harmony and
Democracy, in Vadodara. She was leading
a group to urge voters to elect a
government that “did not promote
communal hatred”. The VHP activists
allegedly barged into the venue of the
press conference, abused her and damaged
her vehicle. The VHP activists also
allegedly manhandled her, assaulted her
group members and threatened to rape and
kill her in the same manner in which
Muslims were killed and raped during the
post-Godhra communal riots. Two persons
were reportedly arrested on Hashmi’s
complaint. 29
On 12 April 2004, activist Teesta
Setalvad, convener of the Citizens for
Justice and Peace, had to address her
meeting in the office of an NGO Prashant
in Ahmedabad amidst heavy police
security. Police were reportedly called
after activists of the VHP amongst whom
two of them are principal accused in the
Gulmarg Society communal riot case,
came to the office and allegedly threatened
Setalvad and the director of Prashant, Fr.
Cedric Prakash. 30
On 10 June 2004, Father Cedric
Prakash was reportedly summoned by the
state CID following instructions from the
Chief Minister’s office. He was questioned
for about 90 minutes in connection with
his visit to the Sabarmati jail where POTA
detainees were lodged. Police Inspector
(CID Crime) J.G. Saiyed also inquired
69