By ALISTER MIRANDA & PREETU NAIR
BAINA: With great enthusiasm, the Parrikar-led government wiped out 800 to 1,200 homes and shacks on a rainy morning on 14 June, 2004. However, once the bulldozers razed the houses, the government that claimed to have effective and advanced planning for events, lost its initial enthusiasm and comfortably forgot to rehabilitate the people.
After demolition, many residents were found sitting in groups amongst the debris, while some of them found shelter in a nearby building that was under construction.
According to the president of the NGO Savera, Tara Kerkar, not many of those displaced are commercial sex workers, because "the prostitutes would leave and go to some other place after three months or so". "Even now these girls come to Goa and do business. That is why I would like to point out that the majority of those who are displaced are those not involved in the flesh trade. Many of those who stayed in the area are working with the municipality, PWD, electricity department, etc. They preferred to live here because the rent was low. There were around 400 houses belonging to fakirs alone. The demolition came about only because of Parrikar's dadagiri and hukumshahi. He made huge promises, but did not keep them. He is being cursed by all those who have been displaced and not rehabilitated," Tara adds.
Crucial is the fact that the promises made to the poor had no meaning for the government. How agonized we are about how people die? How untroubled we are by how they live?
The Panaji bench of the Bombay High Court in its order stated that as part of the rehabilitation plan, the state Government has selected a huge building, situated at Ribandar (Old Bal Niketan) with all basic facilities, where all these people could be accommodated. This was to be a "transit camp" and eventually the detailed plans for rehabilitation and resettlement had to be drawn up.
But the residents of Ribandar opposed the plan and there was no "alternate site" assured. Even the National Commission for Women (NCW) did not agree that CSWs, brothel keepers and pimps who were the perpetrators of the crime, be housed together in the rehabilitation package.
Further, the High Court order said that in the event displacement is inevitable, the state government should provide appropriate rehabilitation measures such as shelter, livelihood, health facilities and vocational assistance. But the report of Forum for Justice in Baina, an independent fact-finding committee on the Baina issue, says that though Swati Kerkar, Chairperson of the Goa State Commission for Women (GSCW), on April 27, 2004 stated that short stay homes and jobs would be provided and added that a survey was being conducted to know how many children are there, how many schools are available, etc, so far nothing has materialized.
"However, contrary to Kerkar's statement, the socio-economic survey gives no figures of how many children are housed in Baina, how many are school going children and how many schools are available? No proper rehabilitation plan has been chalked out. Now, with the area being razed to the ground, the victims, that is, the CSWs as well as those not into prostitution, have been displaced without any alternate facilities", the report said.
Tara is critical of the GSCW for its ineffectiveness. "While policemen kicked women, those from the Women's Commission smiled and looked on as mere spectators. It was shocking. The Mahila commission chairperson Swati Kerkar does not really know what the commission she heads is meant for," she says. " Perhaps knowing that would have never allowed them to carry out the demolition, the police arrested me on 13 June while I was taking to the press and I was bailed out on 14 June at 11 pm ," she adds.
Forum for Justice in Baina is an alliance of organizations and individuals concerned with issues affecting the rights and human dignity of the residents of Baina beach red-light area. The member organizations include Baina Rahivasi Sangh, Baina Mahila Mandal, Bailancho Saad, Bailancho Ekvott, Children's Rights in Goa, Childline, Positive People, Arz, Jan Ugahi, Population Services International, Forum for Communal Harmony, Sandarsh and Vikalp.
But there are many who do not trust these NGO. And among them is former Mormugao MLA John Manuel Vaz from Baina. "The commercial sex workers are like milking cows for the NGOs. Behind all their actions is vitamin M," says Vaz, who spearheaded a movement to get the CSWs out of Baina. But just one NGO was singled out for praise. "The only NGO which has worked selflessly for the good of the prostitutes is Asha Sadan, which is run by the Sisters from Sancoale," points out Tara.
The direction of the Court clearly states that "The GSCW with the National Commission for Women to take steps so that the said women are rehabilitated in the State from where they hail with the assistance of the respective State Governments". Forum for Justice in Baina report, says that though at first efforts were made by the GSCW initially to follow this directive of the High Court, later there was absolutely no involvement of the Andhra Pradesh or Karnataka governments nor was there proper coordination between GSCW and NCW".
"I wanted to rehabilitate the sex workers. And if I had help from the government I would have done it in 1997 itself," Vaz says.
Now with the Parrikar-led government nudged into the sidelines, all the affected are hopeful that Chief Minister Pratapsing Rane will deliver what his predecessor couldn't. "Let us see what Rane will do. We demand that those displaced be rehabilitated in the same area," says Tara.
Monday, October 09, 2006
So you thought, Baina was "cleaned" up coz it was a red light area…?
PREETU NAIR
BAINA: *"Last monsoon we were without a house and had to sleep on the road. This monsoon, again our roof is the sky and our bed the earth," said 40-year-old Chandra. Chandra and her husband were living in Baina since last 25 years. But they lost all their savings when their house was demolished. Now they don't have enough money to stay in rented house.
* Maya worked as brothel keeper. But she gave it up 10 years back to lead a more respectable life and became a volunteer with Positive People. But now without any financial assistance or enough money to pay the house rent, she is uncertain about her future. "Don't I have a right to live a life of dignity? Will I always be called a dhandewali? (prostitute) What can we expect from ordinary people when protectors of law treat us like dirt?" she asked.
* Sixty-year-old Muskanbhi is forced to work as domestic help. "It is really difficult times for me. Earlier, I had a house and my children used to stay with me and take care of me. But now after demolition they have gone their own way and I have to fend for myself".
Chandra, Maya and Muskanbhi now live under difficult circumstances because ex-CM Manohar Parrikar didn't follow laws but actually violated them. Removing encroachment is a matter of right for the government, but if the rules were properly followed in letter and spirit then many like Chandra, Maya and Muskanbhi wouldn't have been in such a dismal state.
When Parrikar ordered the bull-dozers to raze the cubicles and shacks in the state's only recognized, albeit unofficially, red light area Baina, he must have thought that he was leaving behind an image of a man who had cleaned up the mess in the otherwise beautiful land. But he fails on three important counts:
FIRST: Parrikar has time and again took refuge in the High Court of Bombay at Goa judgment to justify the crackdown at Baina on June 14, 2004. The High Court judgment said that 250 cubicles being used for carrying on sex trade should be closed down and if the 250 cubicles are illegal and on the government or land belonging to local authorities then steps should be taken to evict the illegal occupants and then demolish them by following the due process of law.
BUT: The Supreme Court in a judgment in 1997 in Gaurav Jain v/s Union of India and others, observed, "Women found in the flesh trade, should be viewed more as victims of adverse socio-economic circumstances rather than as offenders in our society. Prostitution in five star hotels is a license given to persons from higher echelons. The commercial exploitation of sex may be regarded as crime but those trapped in custom oriented prostitution should be viewed as victims of gender oriented vulnerability. Court was concerned in this case more with rehabilitation. Therefore it is emphasized on the review of the relevant law in this behalf, effective implementation of the scheme to provide self-employment, training in weaving, knitting, painting and other meaningful programmes to provide the fallen women the regular source of income by self-employment or after vocational education, the appropriate employment generating schemes in government, semi-government or private organizations." The Supreme Court also laid emphasis on economic rehabilitation for women found in the flesh trade.
SECOND: Bulldozers razed nearly 800 to 1,200 tiled or tin-roofed cubicles and shacks. But 80 percent of these house belonged to people who had no connection with the sex trade, but were migrants chiefly from Karnataka, Andhra Pradesh, Bihar and Uttar Pradesh, who had settled at Baina decades ago, eking out a living as labourers, hawkers and domestic helps. Once again, Parrikar using the High Court order that said that since Commercial Sex Workers (CSW) are not from Goa, the Government is not bound to rehabilitate them except to the extent provided by specific directions in the judgments of the Apex Court and they should be deported to the State from where they come, demanded that all the "non-Goans" staying at Baina should be deported to the State from where they come.
This was in basic violation of the Preamble, an integral part of the Constitution, that pledges to secure 'socio-economic justice' to all its citizens with stated liberties, 'equality of status and of opportunity', assuring 'fraternity' and 'dignity' of the individual in a united and integrated Bharat. Even Article 15 of the Constitution prohibits discrimination on the grounds of religious race, caste, sex or place of birth, or of any of them. Further, Article 2 of the Universal Declaration of Human Rights provides that everyone which includes fallen women and their children, is entitled to all the rights and freedom set forth in the Declaration without any without any distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
THIRD: The High Court in its order had given a rehabilitation plan to the state according to which CSW had to be kept in "transit camp" at Old Bal Niketan, Ribandar, but the residents of Ribandar opposed the plan of the Government and they were also supported by the local Councilor. But both Parrikar government and Goa State Commission for Women, failed to give neither shelter nor employment to the CSW's, as well as other ordinary women who's house were demolished. In January 2005, the government brought about a notification saying that they are introducing the "rehabilitation scheme for Commercially Exploited Women and other residential and commercial establishments demolished at Baina". Many have applied but they are yet to get a reply.
Baina demolition has turned out to be a pyrrhic victory for Parrikar. Having lost their meager belongings and with no meaningful rehabilitation programme in sight, many women and young girls from the area are more likely to join what the government would like to drive out of Goa - the "sex industry".
Eom
(Names have been changed to protect identity)
BAINA: *"Last monsoon we were without a house and had to sleep on the road. This monsoon, again our roof is the sky and our bed the earth," said 40-year-old Chandra. Chandra and her husband were living in Baina since last 25 years. But they lost all their savings when their house was demolished. Now they don't have enough money to stay in rented house.
* Maya worked as brothel keeper. But she gave it up 10 years back to lead a more respectable life and became a volunteer with Positive People. But now without any financial assistance or enough money to pay the house rent, she is uncertain about her future. "Don't I have a right to live a life of dignity? Will I always be called a dhandewali? (prostitute) What can we expect from ordinary people when protectors of law treat us like dirt?" she asked.
* Sixty-year-old Muskanbhi is forced to work as domestic help. "It is really difficult times for me. Earlier, I had a house and my children used to stay with me and take care of me. But now after demolition they have gone their own way and I have to fend for myself".
Chandra, Maya and Muskanbhi now live under difficult circumstances because ex-CM Manohar Parrikar didn't follow laws but actually violated them. Removing encroachment is a matter of right for the government, but if the rules were properly followed in letter and spirit then many like Chandra, Maya and Muskanbhi wouldn't have been in such a dismal state.
When Parrikar ordered the bull-dozers to raze the cubicles and shacks in the state's only recognized, albeit unofficially, red light area Baina, he must have thought that he was leaving behind an image of a man who had cleaned up the mess in the otherwise beautiful land. But he fails on three important counts:
FIRST: Parrikar has time and again took refuge in the High Court of Bombay at Goa judgment to justify the crackdown at Baina on June 14, 2004. The High Court judgment said that 250 cubicles being used for carrying on sex trade should be closed down and if the 250 cubicles are illegal and on the government or land belonging to local authorities then steps should be taken to evict the illegal occupants and then demolish them by following the due process of law.
BUT: The Supreme Court in a judgment in 1997 in Gaurav Jain v/s Union of India and others, observed, "Women found in the flesh trade, should be viewed more as victims of adverse socio-economic circumstances rather than as offenders in our society. Prostitution in five star hotels is a license given to persons from higher echelons. The commercial exploitation of sex may be regarded as crime but those trapped in custom oriented prostitution should be viewed as victims of gender oriented vulnerability. Court was concerned in this case more with rehabilitation. Therefore it is emphasized on the review of the relevant law in this behalf, effective implementation of the scheme to provide self-employment, training in weaving, knitting, painting and other meaningful programmes to provide the fallen women the regular source of income by self-employment or after vocational education, the appropriate employment generating schemes in government, semi-government or private organizations." The Supreme Court also laid emphasis on economic rehabilitation for women found in the flesh trade.
SECOND: Bulldozers razed nearly 800 to 1,200 tiled or tin-roofed cubicles and shacks. But 80 percent of these house belonged to people who had no connection with the sex trade, but were migrants chiefly from Karnataka, Andhra Pradesh, Bihar and Uttar Pradesh, who had settled at Baina decades ago, eking out a living as labourers, hawkers and domestic helps. Once again, Parrikar using the High Court order that said that since Commercial Sex Workers (CSW) are not from Goa, the Government is not bound to rehabilitate them except to the extent provided by specific directions in the judgments of the Apex Court and they should be deported to the State from where they come, demanded that all the "non-Goans" staying at Baina should be deported to the State from where they come.
This was in basic violation of the Preamble, an integral part of the Constitution, that pledges to secure 'socio-economic justice' to all its citizens with stated liberties, 'equality of status and of opportunity', assuring 'fraternity' and 'dignity' of the individual in a united and integrated Bharat. Even Article 15 of the Constitution prohibits discrimination on the grounds of religious race, caste, sex or place of birth, or of any of them. Further, Article 2 of the Universal Declaration of Human Rights provides that everyone which includes fallen women and their children, is entitled to all the rights and freedom set forth in the Declaration without any without any distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
THIRD: The High Court in its order had given a rehabilitation plan to the state according to which CSW had to be kept in "transit camp" at Old Bal Niketan, Ribandar, but the residents of Ribandar opposed the plan of the Government and they were also supported by the local Councilor. But both Parrikar government and Goa State Commission for Women, failed to give neither shelter nor employment to the CSW's, as well as other ordinary women who's house were demolished. In January 2005, the government brought about a notification saying that they are introducing the "rehabilitation scheme for Commercially Exploited Women and other residential and commercial establishments demolished at Baina". Many have applied but they are yet to get a reply.
Baina demolition has turned out to be a pyrrhic victory for Parrikar. Having lost their meager belongings and with no meaningful rehabilitation programme in sight, many women and young girls from the area are more likely to join what the government would like to drive out of Goa - the "sex industry".
Eom
(Names have been changed to protect identity)
Bane of Baina
PREETU NAIR
BAINA: "I am scared. Today, poverty and circumstances have forced my sister into prostitution. Tomorrow, my daughter may be another victim of poverty and human apathy," says Rupa's elder sister.
Rupa, 12-year-old, was pushed into prostitution by poverty and circumstances. At 7 am in the morning of June 14, 2004 when bulldozers tore through and brutally and indiscriminately obliterated the homes of people living in Baina, the red-light area of Goa. Rupa was at school. Then she had a hope, a dream of a better future. But a year later, she is now a school drop-out and is coming to terms with her life at Apna Ghar, Merces.
Recalling the happenings of past twelve months, her sister, who is married, revealed how life has changed for the family, especially her little sister. "She was interested in studies and used to go to school regularly. But after demolition, she lost the will to study and used to spend time loitering around with other girls," revealed the dismayed sister. That's the time when a 31-year-old male marauder "befriended" her. He manipulated her situation and got closer to her, while her mother silently encouraged the relationship because the man paid their house rent and also took care of their other financial liabilities.
"My mother, who worked as a sweeper in a government organization, encouraged Rupa as she was in a financial mess," Rupa's sister added.
Rupa is not the only girl who has been pushed into prostitution by her mother. There are many like her. Living in comfort, probably we have never asked ourselves, "What does a woman do when she is denied basic humanity? What does it mean to become a sexual slave of a man to save your family?"
But many poor young girls in Baina know the answer best. Poverty has forced them into child prostitution. They offer themselves for sex in return for money. Money, with which they can feed their family, pay the house rent.
Another, 13-year-old girl Maya, was forced into prostitution by her mother, who works as a maid. On the first night, she was sold for Rs 5000. Later, she was taken to a hotel in the vicinity where she had a new customer everyday, until she was rescued and put in the State Protective Home.
Shobhna, 16-year-old had everything going her way till the unfortunate day left her without home and shelter. She stayed with her elder brother. "She worked as a rag picker and got involved with a boy. Last time we met her she was pregnant, but she is missing since May 26, 2005. We fear the worst," revealed a resident of the locality.
There may be many like them, children of ordinary parents who worked hard to make both ends meet, but are forced to become commercial sex workers by a responsible society that has turned a blind eye towards them.
(Names have been changed to protect their identities)
BAINA: "I am scared. Today, poverty and circumstances have forced my sister into prostitution. Tomorrow, my daughter may be another victim of poverty and human apathy," says Rupa's elder sister.
Rupa, 12-year-old, was pushed into prostitution by poverty and circumstances. At 7 am in the morning of June 14, 2004 when bulldozers tore through and brutally and indiscriminately obliterated the homes of people living in Baina, the red-light area of Goa. Rupa was at school. Then she had a hope, a dream of a better future. But a year later, she is now a school drop-out and is coming to terms with her life at Apna Ghar, Merces.
Recalling the happenings of past twelve months, her sister, who is married, revealed how life has changed for the family, especially her little sister. "She was interested in studies and used to go to school regularly. But after demolition, she lost the will to study and used to spend time loitering around with other girls," revealed the dismayed sister. That's the time when a 31-year-old male marauder "befriended" her. He manipulated her situation and got closer to her, while her mother silently encouraged the relationship because the man paid their house rent and also took care of their other financial liabilities.
"My mother, who worked as a sweeper in a government organization, encouraged Rupa as she was in a financial mess," Rupa's sister added.
Rupa is not the only girl who has been pushed into prostitution by her mother. There are many like her. Living in comfort, probably we have never asked ourselves, "What does a woman do when she is denied basic humanity? What does it mean to become a sexual slave of a man to save your family?"
But many poor young girls in Baina know the answer best. Poverty has forced them into child prostitution. They offer themselves for sex in return for money. Money, with which they can feed their family, pay the house rent.
Another, 13-year-old girl Maya, was forced into prostitution by her mother, who works as a maid. On the first night, she was sold for Rs 5000. Later, she was taken to a hotel in the vicinity where she had a new customer everyday, until she was rescued and put in the State Protective Home.
Shobhna, 16-year-old had everything going her way till the unfortunate day left her without home and shelter. She stayed with her elder brother. "She worked as a rag picker and got involved with a boy. Last time we met her she was pregnant, but she is missing since May 26, 2005. We fear the worst," revealed a resident of the locality.
There may be many like them, children of ordinary parents who worked hard to make both ends meet, but are forced to become commercial sex workers by a responsible society that has turned a blind eye towards them.
(Names have been changed to protect their identities)
Fresh trade: Now, sex workers in a clean job: An economic rehabilitation programme to provide alternative livelihood options
Fresh trade: Now, sex workers in a clean job: An economic rehabilitation programme to provide alternative livelihood options
Preetu Nair
Goa, India
Wheels of fortune are changing, slowly but steadily for silent, helpless victims of the sex trap woven by a powerful network. There is now hope in the lives of hundreds of stigmatized and marginalized traffic victims who are eager to leave the fresh trade but forced to continue in the “business” due to lack of alternative livelihood options
When Vidya (name changed), was pushed into the oldest profession in the world –- prostitution -- at the age of 12, she had no choice but sell her body and earn a living. The mass demolition of cubicles in the red light area at Baina did not change their condition. It only made matters worse as she now travelled to other parts of the state for ‘business’. She tried for a job but the social stigma attached to her ruined her chances.
On the other hand, Sheila from Vasco didn’t realise when she was caught in the web of commercial sexual exploitation. And by the time she did, it was too late. Her mother due to poverty pushed her into the trade and now uncertain future worried her. She is eager to leave the flesh trade but it is the only “job” she knows is available for her.
Anyay Rahit Zindagi, ARZ, an NGO working for upliftment of trafficked women, as part of its economic rehabilitation programme WISH (Women’s Initiative towards Self Help) has set up a fully mechanised laundry unit “SWIFT WASH” at Sancole Industrial Estate for trafficked victims. This scheme is first of its kind in the state of Goa and is a blend of humane approach with hands on administration. This unit will start functioning from this month.
At the moment the unit has the capacity to provide employment to 40 women only. “We want to ensure that women earn a dignified income, as it is the only tool that can pull them out and plug all entries into prostitution,” revealed Arun Pandey, ARZ.
Arun strongly believes that they can bring about a difference in the lives only with the help of locals, government and civil society, who believe that economic rehabilitation is the need of the hour to rescue women from the flesh trade. “This is a women’s collective and our effort is to ensure that it develops into a full fledged women’s cooperative with trafficked women being the sole owner of the entire business unit,” he said.
This is a big dream by any yardstick. Innovative as it may sound, this experiment in philanthropy may actually change the fate of trafficked victims.
Preetu Nair
Goa, India
Wheels of fortune are changing, slowly but steadily for silent, helpless victims of the sex trap woven by a powerful network. There is now hope in the lives of hundreds of stigmatized and marginalized traffic victims who are eager to leave the fresh trade but forced to continue in the “business” due to lack of alternative livelihood options
When Vidya (name changed), was pushed into the oldest profession in the world –- prostitution -- at the age of 12, she had no choice but sell her body and earn a living. The mass demolition of cubicles in the red light area at Baina did not change their condition. It only made matters worse as she now travelled to other parts of the state for ‘business’. She tried for a job but the social stigma attached to her ruined her chances.
On the other hand, Sheila from Vasco didn’t realise when she was caught in the web of commercial sexual exploitation. And by the time she did, it was too late. Her mother due to poverty pushed her into the trade and now uncertain future worried her. She is eager to leave the flesh trade but it is the only “job” she knows is available for her.
Anyay Rahit Zindagi, ARZ, an NGO working for upliftment of trafficked women, as part of its economic rehabilitation programme WISH (Women’s Initiative towards Self Help) has set up a fully mechanised laundry unit “SWIFT WASH” at Sancole Industrial Estate for trafficked victims. This scheme is first of its kind in the state of Goa and is a blend of humane approach with hands on administration. This unit will start functioning from this month.
At the moment the unit has the capacity to provide employment to 40 women only. “We want to ensure that women earn a dignified income, as it is the only tool that can pull them out and plug all entries into prostitution,” revealed Arun Pandey, ARZ.
Arun strongly believes that they can bring about a difference in the lives only with the help of locals, government and civil society, who believe that economic rehabilitation is the need of the hour to rescue women from the flesh trade. “This is a women’s collective and our effort is to ensure that it develops into a full fledged women’s cooperative with trafficked women being the sole owner of the entire business unit,” he said.
This is a big dream by any yardstick. Innovative as it may sound, this experiment in philanthropy may actually change the fate of trafficked victims.
On trafficking scenario in Goa: Stray thoughts
Majority of the NGO's based in Goa and metro based NGO's are discussing and circulating the National Human Rights Commission study (NHRC) that was done in 2003 and released in 2005. It is important to note here that the study focused highly on the unofficial red light area of Goa- Baina. But now in 2006 with Baina demolished, is the study really relevant?
The trend of commercial sexual exploitation and trafficking has changed. The transit and entry points have changed. As a journalist who has sincerely reported on these issues, I am concerned that these NGO's funded by USAID and UNIFEM by talking about trafficking in Goa using an old study are clearly showing their ignorance about the matter.
For the first time in 2003, the U.S. made non-humanitarian aid contingent on a country tier placement in the annual Trafficking in Persons Report (TIP Report). Countries rated by the State Department as having made no significant effort to fight trafficking, i.e. Tier 3, faced the potential loss of U.S. military aid, educational and cultural assistance, and support from the World Bank and International Monetary Fund.
According to information available, Shakti Vahini (NGO) has published Indian Trafficking in Persons (TIP) Report, which rates in one of five "tiers" the anti-trafficking performance of each Indian state. Started last year (2004), the Report parallels and complements US Government's TIP Report from a uniquely Indian perspective (http://www.state.gov/g/tip/rls/tiprpt/2005/46608.htm). Goa is put in category two states in the report brought out in 2004 by Shaktivahini based on a study done in Goa in 2001. Interestingly, the two–page chapter on Goa says that children are trafficked in the state for begging. There can't be anything more ridiculous than this. Another interesting fact is that in the 2001 study, Baina the unofficial red-light area was the hub of traffickers but by 2004 when the report was presented the situation had changed. I hope you agree that to have people who have such low understanding of the issue of commercial sexual exploitation and trafficking in Goa to talk on the scenario in Goa would definitely pose a great danger to cause.
Till now the NGO's forced the government to act and formulate Children's Act, Juvenile Justice rules etc. But now a new trend has started wherein the NGO's are doing what the government should be doing—mainstreaming children's rights, preparing state action plan to combat trafficking, training different stake-holders etc. Nothing wrong. But if they are eager to take credit for making policies, then they also need to face criticism for the government failure to rehabilitate trafficked victims and action against the Public Prosecutor based in Margao who has been accused of employing child labour. It is surprising that the very NGO's who make the shrillest and loudest noises claiming about their work and their contribution to the issue of trafficking in conference halls of three and five star resorts conveniently forget to question the government for its inaction because now they are collaborating and networking with the government.
The trend of commercial sexual exploitation and trafficking has changed. The transit and entry points have changed. As a journalist who has sincerely reported on these issues, I am concerned that these NGO's funded by USAID and UNIFEM by talking about trafficking in Goa using an old study are clearly showing their ignorance about the matter.
For the first time in 2003, the U.S. made non-humanitarian aid contingent on a country tier placement in the annual Trafficking in Persons Report (TIP Report). Countries rated by the State Department as having made no significant effort to fight trafficking, i.e. Tier 3, faced the potential loss of U.S. military aid, educational and cultural assistance, and support from the World Bank and International Monetary Fund.
According to information available, Shakti Vahini (NGO) has published Indian Trafficking in Persons (TIP) Report, which rates in one of five "tiers" the anti-trafficking performance of each Indian state. Started last year (2004), the Report parallels and complements US Government's TIP Report from a uniquely Indian perspective (http://www.state.gov/g/tip/rls/tiprpt/2005/46608.htm). Goa is put in category two states in the report brought out in 2004 by Shaktivahini based on a study done in Goa in 2001. Interestingly, the two–page chapter on Goa says that children are trafficked in the state for begging. There can't be anything more ridiculous than this. Another interesting fact is that in the 2001 study, Baina the unofficial red-light area was the hub of traffickers but by 2004 when the report was presented the situation had changed. I hope you agree that to have people who have such low understanding of the issue of commercial sexual exploitation and trafficking in Goa to talk on the scenario in Goa would definitely pose a great danger to cause.
Till now the NGO's forced the government to act and formulate Children's Act, Juvenile Justice rules etc. But now a new trend has started wherein the NGO's are doing what the government should be doing—mainstreaming children's rights, preparing state action plan to combat trafficking, training different stake-holders etc. Nothing wrong. But if they are eager to take credit for making policies, then they also need to face criticism for the government failure to rehabilitate trafficked victims and action against the Public Prosecutor based in Margao who has been accused of employing child labour. It is surprising that the very NGO's who make the shrillest and loudest noises claiming about their work and their contribution to the issue of trafficking in conference halls of three and five star resorts conveniently forget to question the government for its inaction because now they are collaborating and networking with the government.
Tuesday, October 03, 2006
Positively yours
Thursday, February 02, 2006
Positively Yours
Positively Yours
Preetu Nair (the article appeared in Gomantak Times, Panjim dated
31/01/2006)
VASCO, Goa:
This is not an ordinary tale of a Hindu boy meets a Muslim girl, falls
in love with her and marries her! This is an extraordinary tale of
unconditional love and trust. When Raju and Shabnam met, they shared a
similar problem. They were both HIV positive but had the eternal urge to
live happily.
Finally, Sunday marked an unusual moment in the young couple's life.
They became, perhaps, the first HIV couple in Goa to tie the knot. The
21-year-old a painter by profession converted to Islam and changed his
name to Niyaz to marry the woman of his dreams at Zindagi office, amidst
applause and blessings from relatives and friends.
The couple is confident that their love will guide them till life's
candles flutter and burn low. "I wed her forever, not for the brief years
on earth. I wed her for the life beyond the tears, beyond the pain and
the clouded brow," said Niyaz.
When he was detected HIV positive, he was shocked and scared. He used
to regularly visit Zindagi, a support group for people living with
HIV/AIDS for advice and help. During one of his visits, he met Shabnam, who
was working at Zindagi. Cupid struck and soon they decided to get
married. "I was alone and scared. I am happy to find a partner who is HIV
positive like me. For us, marriage is about accepting the truth and
living well, even with a killer disease," Niyaz.
For Shabnam, a widow, marriage to Niyaz is the beginning of a new
chapter in her life. Two years back, her world crumbled around her when her
husband died of AIDS soon after the marriage. She, too, was detected
HIV positive and her in-laws blamed her for their son's death. "I have
cried a lot and cursed myself for the misfortunes. But now I have a
reason to live and laugh," says Shabnam.
"Together with the gift of trust and love we will create our own home,"
adds Niyaz.
There love is ought to inspire many who shy away from accepting their
HIV positive status due to fear of stigma and live a life of fear and
oblivion!
posted by Preetu Nair at 12:45 AM
Positively Yours
Positively Yours
Preetu Nair (the article appeared in Gomantak Times, Panjim dated
31/01/2006)
VASCO, Goa:
This is not an ordinary tale of a Hindu boy meets a Muslim girl, falls
in love with her and marries her! This is an extraordinary tale of
unconditional love and trust. When Raju and Shabnam met, they shared a
similar problem. They were both HIV positive but had the eternal urge to
live happily.
Finally, Sunday marked an unusual moment in the young couple's life.
They became, perhaps, the first HIV couple in Goa to tie the knot. The
21-year-old a painter by profession converted to Islam and changed his
name to Niyaz to marry the woman of his dreams at Zindagi office, amidst
applause and blessings from relatives and friends.
The couple is confident that their love will guide them till life's
candles flutter and burn low. "I wed her forever, not for the brief years
on earth. I wed her for the life beyond the tears, beyond the pain and
the clouded brow," said Niyaz.
When he was detected HIV positive, he was shocked and scared. He used
to regularly visit Zindagi, a support group for people living with
HIV/AIDS for advice and help. During one of his visits, he met Shabnam, who
was working at Zindagi. Cupid struck and soon they decided to get
married. "I was alone and scared. I am happy to find a partner who is HIV
positive like me. For us, marriage is about accepting the truth and
living well, even with a killer disease," Niyaz.
For Shabnam, a widow, marriage to Niyaz is the beginning of a new
chapter in her life. Two years back, her world crumbled around her when her
husband died of AIDS soon after the marriage. She, too, was detected
HIV positive and her in-laws blamed her for their son's death. "I have
cried a lot and cursed myself for the misfortunes. But now I have a
reason to live and laugh," says Shabnam.
"Together with the gift of trust and love we will create our own home,"
adds Niyaz.
There love is ought to inspire many who shy away from accepting their
HIV positive status due to fear of stigma and live a life of fear and
oblivion!
posted by Preetu Nair at 12:45 AM
Believe it or not'on Gandhi in holland
VADODARA: `Gandhi' has been a durable political brand. But Gandhi as a
gastronomic symbol? Strange but true, Amsterdam has an Indian restaurant
called Gandhi, dishing out fare that could make the Father of the Nation
do a triple vault in his grave. For, the menu card is everything that
Gandhi didn't stand for - a bar full of all kinds of heady stuff, the
most succulent meats (tandoori or otherwise), fish, prawns and what have
you.
And, oh, yes, there's vegetarian too, but almost as an afterthought. The
veggies have been clubbed in the menu under a section titled
Bijgerechten, or `side dishes'. The fare is limited and consists of the
usual stuff - paneer jhalfarezi, cauliflower bhajee, palak paneer, aloo
mutter, Bombay potato, tarka dal and mushroom bhajee.
In contrast, a banquet spread is what best describes the the
non-vegetarian section, according to Sanjay Shah, a local man who went
cycling through the Netherlands and the rest of Europe. He has brought
back the menu card as a priceless memento for all to see.
Sample some: fish pakora, tandoori chicken tikka, sheekh kabab, hot
chicken wings, tandoori chicken, lamb tikka, tandoori king prawns,
chicken curry, chicken korma, lamb meat, saag dopiaza and korma and
special tandoori mixed grill. The exhaustive menu has scores of other
exotic stuff.
But by far the most popular item, at least with Indians who visit the
restaurant, is `Gandhi Special' - a platter of `Mughlai soup, lamb meat
with mushrooms and chicken tandoori with basmati rice'.
Gandhi, the restaurant, is doing roaring business. Run by an
enterprising fellow from Chandigarh, it is usually packed to capacity.
Local Indians, of course, patronise it, but the white clientele is to be
seen to be believed.
The owner, whom Shah quizzed, had no particular reason for calling the
restaurant Gandhi, and no qualms too, it appears. ``He told me that the
name Gandhi hardly mattered to him.'' Nor, it seems, does it matter to
Indians who visit the place. They happily eat `Gandhi' for lunch and
dinner and then wash it down with wine. Around for quite some time, the
restaurant hasn't ever seen a protest against commercialising the Gandhi
brand.
But for Gujaratis in particular, the Amsterdam Gandhi is sheer
sacrilege. After all, half of Gujarat is vegetarian by choice and all of
Gujarat is dry by compulsion - because it is Gandhi land.
ompulsion - because Gandhi was born in this state.
gastronomic symbol? Strange but true, Amsterdam has an Indian restaurant
called Gandhi, dishing out fare that could make the Father of the Nation
do a triple vault in his grave. For, the menu card is everything that
Gandhi didn't stand for - a bar full of all kinds of heady stuff, the
most succulent meats (tandoori or otherwise), fish, prawns and what have
you.
And, oh, yes, there's vegetarian too, but almost as an afterthought. The
veggies have been clubbed in the menu under a section titled
Bijgerechten, or `side dishes'. The fare is limited and consists of the
usual stuff - paneer jhalfarezi, cauliflower bhajee, palak paneer, aloo
mutter, Bombay potato, tarka dal and mushroom bhajee.
In contrast, a banquet spread is what best describes the the
non-vegetarian section, according to Sanjay Shah, a local man who went
cycling through the Netherlands and the rest of Europe. He has brought
back the menu card as a priceless memento for all to see.
Sample some: fish pakora, tandoori chicken tikka, sheekh kabab, hot
chicken wings, tandoori chicken, lamb tikka, tandoori king prawns,
chicken curry, chicken korma, lamb meat, saag dopiaza and korma and
special tandoori mixed grill. The exhaustive menu has scores of other
exotic stuff.
But by far the most popular item, at least with Indians who visit the
restaurant, is `Gandhi Special' - a platter of `Mughlai soup, lamb meat
with mushrooms and chicken tandoori with basmati rice'.
Gandhi, the restaurant, is doing roaring business. Run by an
enterprising fellow from Chandigarh, it is usually packed to capacity.
Local Indians, of course, patronise it, but the white clientele is to be
seen to be believed.
The owner, whom Shah quizzed, had no particular reason for calling the
restaurant Gandhi, and no qualms too, it appears. ``He told me that the
name Gandhi hardly mattered to him.'' Nor, it seems, does it matter to
Indians who visit the place. They happily eat `Gandhi' for lunch and
dinner and then wash it down with wine. Around for quite some time, the
restaurant hasn't ever seen a protest against commercialising the Gandhi
brand.
But for Gujaratis in particular, the Amsterdam Gandhi is sheer
sacrilege. After all, half of Gujarat is vegetarian by choice and all of
Gujarat is dry by compulsion - because it is Gandhi land.
ompulsion - because Gandhi was born in this state.
Cradle snathchers
The shocking story of a mother who was not allowed to breast feed her insect bitten daughter, by a so called ‘adoption agency’. With a lack of clear guidelines and rules on the functioning of adoption agencies, the process of duping poor illiterate people of their babies in Goa continues. Innocent mothers are made to sign documents that actually surrender their children for adoption while they are made to believe that the baby is just going to a home for care and shelter.
Preetu Nair investigates this big baby bloomer and looks into the various rules and loopholes that govern the adoption process When 17-year-old Nagamma Bedgini, a rag picker from Baina, decided to take her one month old baby to a Children’s Home in Goa, she had a dream of a better future. But she never ever bargained for the nightmare that followed.
“I was told that my child would be looked after well in the home and whenever desired I would visit my child and even stay with her. I signed the papers, though the contents were never read out to me in Kannada (the only language she is speaks and understands) neither did I ask them to read out the contents to me”, she informed. Why? “I never ever in my wildest dream thought that they would make me sign an affidavit stating that I am relinquishing my child and giving her up for adoption,“ she added.
Thankfully, when Nagamma came to know that her child was given for adoption without her real consent, NGO’s got into the act and mounted pressure after which the child was returned to her.
Probably, when Nagamma was persuaded by Celsa Antao, President, Desterro Eves Mahila Mandal to take her one-month-old baby to Preet Mandir, Aldona, on July 30, 2005, she never realised that her “madam” was actually asking to sign an affidavit in Marathi stating, “…I am giving in writing that I am handing over my child on 30 July, 2005 to Preet Mandir, Goa. The organisation can give my daughter in the country/outside the country and to any person from any caste, religion who can rehabilitate her…. If I don’t contact within two months then you have to take this as my legal affidavit in affirmation of which I am signing below.” This despite the fact that Preet Mandir, Goa is not a licensed and recognised agency for adoption, as yet.
When this reporter contacted Celsa Antao, she said, “I am being unnecessarily blamed. I don’t want to take anyone’s child or harass anyone. I just wanted to give
the child a home. When the mother came to me, she was distressed and eager to throw the child even in the dustbin. So I suggested that she should keep her child at Preet Mandir, to ensure that the child has a home.” But when questioned about the affidavit that Nagamma alleged she was coaxed to sign, stating she was giving away her child for adoption, Celsa took the easy way out, “I don’t know the technical side of it. At present I just know that it is a shelter home.”
In another case, Sazin (name changed), an unwed mother had dreams of bringing up her child. But little did the illiterate Sazin realise that her new born baby would be taken away from the hospital after she was coaxed to sign few documents. When she asked to return her child, she was told that the child was dead.
Recently, a destitute woman Maya (name changed) from Vasco was approached by few “volunteers”, who advised her that she should put her five-year-old and seven-year-old sons in Children’s home to ensure a better and safe tomorrow. Homeless and jobless with three children, she is confused and unable to make a decision.
There are many like Nagamma, Sazin and Maya– illiterate, poor and single mothers– who are being persuaded by “friendly volunteers” to give away their children for rehabilitation (read as adoption) either to a Children’s Home or directly to a family. And extreme poverty and the stigma of unwed motherhood often forces these young women to abandon their children at birth. “After the Baina demolition, majority of women are jobless and helpless. They have to struggle hard for survival and so fall easy victims to people who approach them with a promise of a better future for their child and some cash. We know for sure that some agencies and volunteers are exploiting the poverty of mothers staying in the slums and trying to lure the women to give away their kids,” said Arun Pandey, ARZ, Baina.
Investigations also revealed that some private clinics are also involved in shoddy deals, though they are not supposed to place children in adoption.
Legally, adopting a child in Goa is not easy. Lawyers and women activists opine that the prime reason for such illegal adoption rackets surviving is the fact that only Goans who come under Portuguese Civil Code are allowed to become legal guardians of a child.
Under the Civil Code, if a Goan Hindu wants to adopt, he can only do so only under the personal law, “Usages and Customs of Gentile Hindus”. Under this law he can adopt only a male child and that too from a family member. That is not all. Under the Civil Code even though the parents became guardians of the child, their names cannot be entered as “parents” on the birth certificate of the child.
Hence, to bypass these restrictions, some got into a seedy baby purchase racket that came to light in October 1998 when the sale of a baby in a private nursing home in South Goa was proven. It was found that those wanting to buy/adopt/sell used to take the babies of very poor parents directly from the hospital and get a birth certificate issued with the names of the “buyer” parents. This was also confirmed by Susan Furtado, lawyer and expert on adoption in Goa.
However, she admitted that such incidents have drastically gone down after the court of Justice F. I. Rebello of Bombay High Court, in a path-breaking judgement in 1999, stated that only after being a guardian for two years, could the parents be allowed to go for legal adoption.
Under Central Adoption Resource Agency (CARA) guidelines, respective state governments have to formulate laws for shelter homes to give away kids for adoption either under the Women and Children’s Institutions Act, 1956 or Orphanage or Charitable Institutions (Supervision & Control) Act, 1960. According to the Secretary, Women and Child Development, in Goa, the state government follows the Orphanage or Charitable Institutions (Supervision & Control) Act, 1960.
However, Albertina Almeida, lawyer and activist contradicts this. “Orphanage or Charitable Institutions (Supervision & Control) Act, 1960 is not yet implemented in Goa. When the drafting of the Goa Children's Bill was going on, AK Wasnik, ex- Director, Department of Women and Child, claimed ignorance of this law and categorically stated that no registration of homes was being done under this Act. Then a suggestion was made that since the contents in law is outdated, it may be more sensible to have a better law in place as regards the supervision and control of children's homes. That is how there was a specific section in the Goa Children's Act 2003 regarding Children's homes, but a section on adoption was not incorporated”, she argued.
Even the Juvenile Justice Act, 2000 provides for adoption and is applicable to Goa. But the State government is required to frame rules to carry out the purposes of this Act, which includes giving the children from Apna Ghar in adoption. “Since Goa does not have any law on adoption as such, there was all the more need for State-specific rules to be framed under the Juvenile Justice Act, but even this has not yet happened”, added Albertina.
Sources in the Women and Child Department revealed that only two organisations – Caritas and Matruchaya-- in Goa are licensed by CARA as adoption agencies on the recommendation of the state government
However there is loophole even here in the light of the fact that the Goa government still hasn’t framed any adoption rules either under the Juvenile Justice Act or under the Orphanage or Charitable Institutions (Supervision & Control) Act, 1960.
In fact the Goa government wrote to Caritas a couple of months ago asking them under which law were they giving the kids for adoption. Caritas replied that they were doing so under CARA guidelines and was willing to comply with any guidelines or directives of the state government.
When contacted, Rajani Verenkar, Social Welfare Officer, Department of Women and Child said, “Children’s homes registered under section 6 of the Goa Children’s Act, 2003, is a place which can take in a child for shelter and rehabilitation. But they can’t give away kids for adoption. For this the home needs to be registered under CARA guidelines,” she opined.
Further, CARA guidelines clearly states that in case of surrender of a child by a biological parent(s), the surrender document should be executed on a stamp paper
in the presence of two responsible witnesses of whom one should be a responsible person who is not an employee of the organisation and documents should also be signed by a Notary or a Oath Commissioner. In case of a minor surrendering the child, at least one signature(s) of a parent (s), relative (s) of the minor should be obtained in the presence of the minor. However, these procedures are hardly followed in totality.
Investigations revealed that often facts and figures are distorted and residence address and age falsified to ensure that the child is taken away from the parent, all this in violation of Article 9 of the Convention on the Rights of the Child (CRC), which ensures that a child shall not be separated from his or her parents “unless such separation is necessary for the best interests of the child”. Besides, the state government has the right to cross check all surrender documents and copies of these are to be sent to the Adoption Cell/Department. “But Goa doesn’t have an Adoption Cell,” stated Susan Furtado.
“I was not allowed to breast feed my child, she was bitten by an insect”- Nagamma Bedgini Preet Mandir, a shelter home in Goa and a supposedly reputed adoption agency in Pune, claims that it’s actions are above board, but try telling it to a 17 year old mother whose child was taken away about to be given for adoption without her knowledge. Weekender asks Preet Mandir some questions and carries their replies in full without any editing Nagamma Bedgini, 17-year-old, a rag picker was asked to sign an affidavit stating, “…I am giving in writing that I am handing over my child on 30 July, 2005 to Preet Mandir, Goa. The organisation can give my daughter in the country/outside the country and to any person from any caste, religion who can rehabilitate her…. If I don’t contact within two months then you have to take this as my legal affidavit in affirmation of which I am signing below.”
The reason for discarding her child according to the affidavit: “I couldn’t accept the child because she is born out of an illicit relationship and so there is no social acceptance. As I want to get married in future and live a happily married life, I have expressed my thought to give up the child legally.”
What is interesting to note here is that Preet Mandir, Goa is not registered under CARA nor do they have license to give children for adoption. Then how can they take a child for adoption from a minor girl? GT investigations reveal that they have already taken seven kids in the shelter home to give for adoption and have also started registering people interested in adopting these kids. When this reporter visited the home in Aldona, which got a license under Goa Children’s Act on November 10, 2004 to run a shelter home for 100 children, a counsellor there said, “We are not giving kids for adoption as we are not registered under CARA guidelines”.
Later when Nagamma expressed her desire to meet her daughter and breast feed her there, the Preet Mandir authorities refused. “I started crying profusely when they said that I can’t even see my child. Finally, they took me inside and I was shocked to see my that some insect had bitten my child and she was bleeding,” revealed Nagamma. She insisted on taking back her child, but was told that she can’t take the child back.
That’s when she met people at ARZ and revealed her tale. ARZ in turn got in touch with CRG, Bailancho Saad and Sandarsh organisation and approached Preet Mandir. Under pressure from the NGO’s, Preet Mandir was forced to return Nagamma’s child on August 11, 2005.
Nagamma got back her daughter but everyone is not as lucky as her. We faxed few questions to Preet Mandir with regard to Nagamma’s case. YV Krishnamurthy, General Manager of Preet Mandir replied to the same.
Question: In the first affidavit, issued on June 16, 2005 you show Nagamma Bedgiri’s age as 18 and in the final affidavit on August 3, 2005 you state her age as
being 17. Why this discrepancy? And if she is a minor (as she herself claims to be) did you follow proper procedures before taking her child in your home?
Preet Mandir (PM) replies: The affidavit dated July 30 2005 (and not June 16, 2005 as stated under the query) is executed before the notary public by Nagamma Bed Giri, while she came to relinquish the child with our Goa unit. The subsequent affidavit dated August 3, 2005 deliberately states her age as seventeen years because she was deliberately asked to change her stand with regard to her age by five other NGOs whose representatives accompanied her along with her mother and demanded that the child be returned back.
This subsequent affidavit dated August 3, 2005 has been executed by Nagamma Bed Giri herself disclosing her age as seventeen years at the time of taking back the child. In view of these facts the variation in the age of Naggamma Bed Giri is entirely due to the executant and Preet Mandir is not accountable for the same. There was no reason for Preet Mandir to doubt the first Affidavit and the bonafide of the mother who came to relinquish the child.
Naggamma Bed Girl is educated upto 4th standard and she is not fluent in reading Marathi language accordingly, the version in Kannada language of Affidavit dated 3rd August 2005 is also accompanied with the affidavit dated 30th July, which she has duly been signed and then there was no reason to doubt the authority of the version as set out in the affidavit dated 30th July 2005.
BUT: Doesn’t a respectable trust like Preet Mandir, working for the rehabilitation of orphan as well as women in need, have to maintain proper records and verify the age claims properly. If they are right (as they claim to be) do they really need to budge under pressure from NGO’s and change Nagamma’s age?
Question: You claim that you had a certificate of
Directorate of Health Services (Cottage Hospital, Chicalim) which states Nagamma’s age as 18 years, 4 months. But the date on the certificate is August 3,
2005. But the date on which you took Nagamma’s baby, Goa is July 30, 2005 is prior to that date Did you make any effort to counter check her real age?
PM replies: Naggamma Bed Giri was suffering from some kind of disease, she was asked to obtain medical certificate for her medical fitness from competent doctor in order to maintain the medical history of the child. The certificate mentioned by you in the query is in that context The fact as stated under query again do not raise any doubt with regard to the age of Naggamma Bed Giri but the age stated in the Medical Certificate further confirms that she is a major, which is the first version dated July 30, 2005.
BUT: Nagamma claims that she had never produced this certificate nor was she ever taken to Cottage Hospital, Chicalim. So how can a certificate be produced without her knowledge. Besides, Naggamma Bed Giri is not suffering from any sort of disease. Yes, when she urged that she wanted to breast feed her child, she was taken for a blood test. Unfortunately, the poor soul didn’t even realise that they were doing an HIV/AIDS test, as she was not even given pre or post counselling.
Question: Preet Mandir is a registered home under Goa Children’s Act. You are not an adoption agency, then why did you ask Nagamma to sign papers stating “…I am giving in writing that I am handing over my child on 30 July, 2005 to Preet Mandir, Goa. The organisation can give my daughter in the country/outside the country and to any person from any caste, religion who can rehabilitate her…. If I don’t contact within two months then you have to take this as my legal affidavit in affirmation of which I am signing below.” (she knew nothing of what she was signing)
PM replies: As already stated under reply to the query No.1 above pending grant of certificate/ license under the Goa Children Act and the Rules framed there under, pursuant to our application dated 23rd October 2004 under Sec.6 of the said Act the declaration obtained form Naggamma Bed Giri is neither objectionable nor the same requires any further explanation in view of the fact that the interim license dated 10th November 2004 permitted us to start our activities as per prescribed laws. Hence the query-raised is already explained above in view of the reply to query No.1 and this query does not arise separately which is repeatedly in nature.
BUT: Secretary, Women and Child categorically stated that section (6) of Goa Children’s Act doesn’t deal with adoption. So how did Preet Mandir ask Nagamma to sign papers stating that the organisation can give my daughter in the country/outside the country and to any person from any caste, religion who can rehabilitate her.
Question: Our investigations reveal that Preet Mandir, Goa has already taken seven kids in the shelter home to give in for adoption and have also started registering people interested in adopting these kids. But can you really do this, especially since you are not a registered agency for adoption?
PM replies: Under your query Preet Mandir, Goa is described as shelter home, which is factually in-correct.
But: Rajani Verenkar, Social Welfare Officer, Department of Women and Child said, “Preet Mandir is only registered under section 6 of the Goa Children’s Act, 2003, which gives them permission to take in a child for shelter and rehabilitation. But they can’t take children for adoption under this Act”. However, Preet Mandir neither denies nor accepts that it has already taken seven kids in the shelter home to give in for adoption and have also started registering people interested in adopting these kids.
(This article first appeared in Gomantak Times, Panaji- The author can be contacted at preetunair@yahoo.com)
Preetu Nair investigates this big baby bloomer and looks into the various rules and loopholes that govern the adoption process When 17-year-old Nagamma Bedgini, a rag picker from Baina, decided to take her one month old baby to a Children’s Home in Goa, she had a dream of a better future. But she never ever bargained for the nightmare that followed.
“I was told that my child would be looked after well in the home and whenever desired I would visit my child and even stay with her. I signed the papers, though the contents were never read out to me in Kannada (the only language she is speaks and understands) neither did I ask them to read out the contents to me”, she informed. Why? “I never ever in my wildest dream thought that they would make me sign an affidavit stating that I am relinquishing my child and giving her up for adoption,“ she added.
Thankfully, when Nagamma came to know that her child was given for adoption without her real consent, NGO’s got into the act and mounted pressure after which the child was returned to her.
Probably, when Nagamma was persuaded by Celsa Antao, President, Desterro Eves Mahila Mandal to take her one-month-old baby to Preet Mandir, Aldona, on July 30, 2005, she never realised that her “madam” was actually asking to sign an affidavit in Marathi stating, “…I am giving in writing that I am handing over my child on 30 July, 2005 to Preet Mandir, Goa. The organisation can give my daughter in the country/outside the country and to any person from any caste, religion who can rehabilitate her…. If I don’t contact within two months then you have to take this as my legal affidavit in affirmation of which I am signing below.” This despite the fact that Preet Mandir, Goa is not a licensed and recognised agency for adoption, as yet.
When this reporter contacted Celsa Antao, she said, “I am being unnecessarily blamed. I don’t want to take anyone’s child or harass anyone. I just wanted to give
the child a home. When the mother came to me, she was distressed and eager to throw the child even in the dustbin. So I suggested that she should keep her child at Preet Mandir, to ensure that the child has a home.” But when questioned about the affidavit that Nagamma alleged she was coaxed to sign, stating she was giving away her child for adoption, Celsa took the easy way out, “I don’t know the technical side of it. At present I just know that it is a shelter home.”
In another case, Sazin (name changed), an unwed mother had dreams of bringing up her child. But little did the illiterate Sazin realise that her new born baby would be taken away from the hospital after she was coaxed to sign few documents. When she asked to return her child, she was told that the child was dead.
Recently, a destitute woman Maya (name changed) from Vasco was approached by few “volunteers”, who advised her that she should put her five-year-old and seven-year-old sons in Children’s home to ensure a better and safe tomorrow. Homeless and jobless with three children, she is confused and unable to make a decision.
There are many like Nagamma, Sazin and Maya– illiterate, poor and single mothers– who are being persuaded by “friendly volunteers” to give away their children for rehabilitation (read as adoption) either to a Children’s Home or directly to a family. And extreme poverty and the stigma of unwed motherhood often forces these young women to abandon their children at birth. “After the Baina demolition, majority of women are jobless and helpless. They have to struggle hard for survival and so fall easy victims to people who approach them with a promise of a better future for their child and some cash. We know for sure that some agencies and volunteers are exploiting the poverty of mothers staying in the slums and trying to lure the women to give away their kids,” said Arun Pandey, ARZ, Baina.
Investigations also revealed that some private clinics are also involved in shoddy deals, though they are not supposed to place children in adoption.
Legally, adopting a child in Goa is not easy. Lawyers and women activists opine that the prime reason for such illegal adoption rackets surviving is the fact that only Goans who come under Portuguese Civil Code are allowed to become legal guardians of a child.
Under the Civil Code, if a Goan Hindu wants to adopt, he can only do so only under the personal law, “Usages and Customs of Gentile Hindus”. Under this law he can adopt only a male child and that too from a family member. That is not all. Under the Civil Code even though the parents became guardians of the child, their names cannot be entered as “parents” on the birth certificate of the child.
Hence, to bypass these restrictions, some got into a seedy baby purchase racket that came to light in October 1998 when the sale of a baby in a private nursing home in South Goa was proven. It was found that those wanting to buy/adopt/sell used to take the babies of very poor parents directly from the hospital and get a birth certificate issued with the names of the “buyer” parents. This was also confirmed by Susan Furtado, lawyer and expert on adoption in Goa.
However, she admitted that such incidents have drastically gone down after the court of Justice F. I. Rebello of Bombay High Court, in a path-breaking judgement in 1999, stated that only after being a guardian for two years, could the parents be allowed to go for legal adoption.
Under Central Adoption Resource Agency (CARA) guidelines, respective state governments have to formulate laws for shelter homes to give away kids for adoption either under the Women and Children’s Institutions Act, 1956 or Orphanage or Charitable Institutions (Supervision & Control) Act, 1960. According to the Secretary, Women and Child Development, in Goa, the state government follows the Orphanage or Charitable Institutions (Supervision & Control) Act, 1960.
However, Albertina Almeida, lawyer and activist contradicts this. “Orphanage or Charitable Institutions (Supervision & Control) Act, 1960 is not yet implemented in Goa. When the drafting of the Goa Children's Bill was going on, AK Wasnik, ex- Director, Department of Women and Child, claimed ignorance of this law and categorically stated that no registration of homes was being done under this Act. Then a suggestion was made that since the contents in law is outdated, it may be more sensible to have a better law in place as regards the supervision and control of children's homes. That is how there was a specific section in the Goa Children's Act 2003 regarding Children's homes, but a section on adoption was not incorporated”, she argued.
Even the Juvenile Justice Act, 2000 provides for adoption and is applicable to Goa. But the State government is required to frame rules to carry out the purposes of this Act, which includes giving the children from Apna Ghar in adoption. “Since Goa does not have any law on adoption as such, there was all the more need for State-specific rules to be framed under the Juvenile Justice Act, but even this has not yet happened”, added Albertina.
Sources in the Women and Child Department revealed that only two organisations – Caritas and Matruchaya-- in Goa are licensed by CARA as adoption agencies on the recommendation of the state government
However there is loophole even here in the light of the fact that the Goa government still hasn’t framed any adoption rules either under the Juvenile Justice Act or under the Orphanage or Charitable Institutions (Supervision & Control) Act, 1960.
In fact the Goa government wrote to Caritas a couple of months ago asking them under which law were they giving the kids for adoption. Caritas replied that they were doing so under CARA guidelines and was willing to comply with any guidelines or directives of the state government.
When contacted, Rajani Verenkar, Social Welfare Officer, Department of Women and Child said, “Children’s homes registered under section 6 of the Goa Children’s Act, 2003, is a place which can take in a child for shelter and rehabilitation. But they can’t give away kids for adoption. For this the home needs to be registered under CARA guidelines,” she opined.
Further, CARA guidelines clearly states that in case of surrender of a child by a biological parent(s), the surrender document should be executed on a stamp paper
in the presence of two responsible witnesses of whom one should be a responsible person who is not an employee of the organisation and documents should also be signed by a Notary or a Oath Commissioner. In case of a minor surrendering the child, at least one signature(s) of a parent (s), relative (s) of the minor should be obtained in the presence of the minor. However, these procedures are hardly followed in totality.
Investigations revealed that often facts and figures are distorted and residence address and age falsified to ensure that the child is taken away from the parent, all this in violation of Article 9 of the Convention on the Rights of the Child (CRC), which ensures that a child shall not be separated from his or her parents “unless such separation is necessary for the best interests of the child”. Besides, the state government has the right to cross check all surrender documents and copies of these are to be sent to the Adoption Cell/Department. “But Goa doesn’t have an Adoption Cell,” stated Susan Furtado.
“I was not allowed to breast feed my child, she was bitten by an insect”- Nagamma Bedgini Preet Mandir, a shelter home in Goa and a supposedly reputed adoption agency in Pune, claims that it’s actions are above board, but try telling it to a 17 year old mother whose child was taken away about to be given for adoption without her knowledge. Weekender asks Preet Mandir some questions and carries their replies in full without any editing Nagamma Bedgini, 17-year-old, a rag picker was asked to sign an affidavit stating, “…I am giving in writing that I am handing over my child on 30 July, 2005 to Preet Mandir, Goa. The organisation can give my daughter in the country/outside the country and to any person from any caste, religion who can rehabilitate her…. If I don’t contact within two months then you have to take this as my legal affidavit in affirmation of which I am signing below.”
The reason for discarding her child according to the affidavit: “I couldn’t accept the child because she is born out of an illicit relationship and so there is no social acceptance. As I want to get married in future and live a happily married life, I have expressed my thought to give up the child legally.”
What is interesting to note here is that Preet Mandir, Goa is not registered under CARA nor do they have license to give children for adoption. Then how can they take a child for adoption from a minor girl? GT investigations reveal that they have already taken seven kids in the shelter home to give for adoption and have also started registering people interested in adopting these kids. When this reporter visited the home in Aldona, which got a license under Goa Children’s Act on November 10, 2004 to run a shelter home for 100 children, a counsellor there said, “We are not giving kids for adoption as we are not registered under CARA guidelines”.
Later when Nagamma expressed her desire to meet her daughter and breast feed her there, the Preet Mandir authorities refused. “I started crying profusely when they said that I can’t even see my child. Finally, they took me inside and I was shocked to see my that some insect had bitten my child and she was bleeding,” revealed Nagamma. She insisted on taking back her child, but was told that she can’t take the child back.
That’s when she met people at ARZ and revealed her tale. ARZ in turn got in touch with CRG, Bailancho Saad and Sandarsh organisation and approached Preet Mandir. Under pressure from the NGO’s, Preet Mandir was forced to return Nagamma’s child on August 11, 2005.
Nagamma got back her daughter but everyone is not as lucky as her. We faxed few questions to Preet Mandir with regard to Nagamma’s case. YV Krishnamurthy, General Manager of Preet Mandir replied to the same.
Question: In the first affidavit, issued on June 16, 2005 you show Nagamma Bedgiri’s age as 18 and in the final affidavit on August 3, 2005 you state her age as
being 17. Why this discrepancy? And if she is a minor (as she herself claims to be) did you follow proper procedures before taking her child in your home?
Preet Mandir (PM) replies: The affidavit dated July 30 2005 (and not June 16, 2005 as stated under the query) is executed before the notary public by Nagamma Bed Giri, while she came to relinquish the child with our Goa unit. The subsequent affidavit dated August 3, 2005 deliberately states her age as seventeen years because she was deliberately asked to change her stand with regard to her age by five other NGOs whose representatives accompanied her along with her mother and demanded that the child be returned back.
This subsequent affidavit dated August 3, 2005 has been executed by Nagamma Bed Giri herself disclosing her age as seventeen years at the time of taking back the child. In view of these facts the variation in the age of Naggamma Bed Giri is entirely due to the executant and Preet Mandir is not accountable for the same. There was no reason for Preet Mandir to doubt the first Affidavit and the bonafide of the mother who came to relinquish the child.
Naggamma Bed Girl is educated upto 4th standard and she is not fluent in reading Marathi language accordingly, the version in Kannada language of Affidavit dated 3rd August 2005 is also accompanied with the affidavit dated 30th July, which she has duly been signed and then there was no reason to doubt the authority of the version as set out in the affidavit dated 30th July 2005.
BUT: Doesn’t a respectable trust like Preet Mandir, working for the rehabilitation of orphan as well as women in need, have to maintain proper records and verify the age claims properly. If they are right (as they claim to be) do they really need to budge under pressure from NGO’s and change Nagamma’s age?
Question: You claim that you had a certificate of
Directorate of Health Services (Cottage Hospital, Chicalim) which states Nagamma’s age as 18 years, 4 months. But the date on the certificate is August 3,
2005. But the date on which you took Nagamma’s baby, Goa is July 30, 2005 is prior to that date Did you make any effort to counter check her real age?
PM replies: Naggamma Bed Giri was suffering from some kind of disease, she was asked to obtain medical certificate for her medical fitness from competent doctor in order to maintain the medical history of the child. The certificate mentioned by you in the query is in that context The fact as stated under query again do not raise any doubt with regard to the age of Naggamma Bed Giri but the age stated in the Medical Certificate further confirms that she is a major, which is the first version dated July 30, 2005.
BUT: Nagamma claims that she had never produced this certificate nor was she ever taken to Cottage Hospital, Chicalim. So how can a certificate be produced without her knowledge. Besides, Naggamma Bed Giri is not suffering from any sort of disease. Yes, when she urged that she wanted to breast feed her child, she was taken for a blood test. Unfortunately, the poor soul didn’t even realise that they were doing an HIV/AIDS test, as she was not even given pre or post counselling.
Question: Preet Mandir is a registered home under Goa Children’s Act. You are not an adoption agency, then why did you ask Nagamma to sign papers stating “…I am giving in writing that I am handing over my child on 30 July, 2005 to Preet Mandir, Goa. The organisation can give my daughter in the country/outside the country and to any person from any caste, religion who can rehabilitate her…. If I don’t contact within two months then you have to take this as my legal affidavit in affirmation of which I am signing below.” (she knew nothing of what she was signing)
PM replies: As already stated under reply to the query No.1 above pending grant of certificate/ license under the Goa Children Act and the Rules framed there under, pursuant to our application dated 23rd October 2004 under Sec.6 of the said Act the declaration obtained form Naggamma Bed Giri is neither objectionable nor the same requires any further explanation in view of the fact that the interim license dated 10th November 2004 permitted us to start our activities as per prescribed laws. Hence the query-raised is already explained above in view of the reply to query No.1 and this query does not arise separately which is repeatedly in nature.
BUT: Secretary, Women and Child categorically stated that section (6) of Goa Children’s Act doesn’t deal with adoption. So how did Preet Mandir ask Nagamma to sign papers stating that the organisation can give my daughter in the country/outside the country and to any person from any caste, religion who can rehabilitate her.
Question: Our investigations reveal that Preet Mandir, Goa has already taken seven kids in the shelter home to give in for adoption and have also started registering people interested in adopting these kids. But can you really do this, especially since you are not a registered agency for adoption?
PM replies: Under your query Preet Mandir, Goa is described as shelter home, which is factually in-correct.
But: Rajani Verenkar, Social Welfare Officer, Department of Women and Child said, “Preet Mandir is only registered under section 6 of the Goa Children’s Act, 2003, which gives them permission to take in a child for shelter and rehabilitation. But they can’t take children for adoption under this Act”. However, Preet Mandir neither denies nor accepts that it has already taken seven kids in the shelter home to give in for adoption and have also started registering people interested in adopting these kids.
(This article first appeared in Gomantak Times, Panaji- The author can be contacted at preetunair@yahoo.com)
Thursday, February 16, 2006
Stuck in traffic
Stuck in traffic
Peter de Souza & Preetu Nair
(The article appeared in GT Weekender, Panjim edition, January 29, 2006)
An National Human Rights Commission report conducted by the Institute of Social Sciences on trafficking of women and children in India 2002-2003", reveals that Goa has the highest levels of trafficking of women and children compared to other states. Peter De Souza and Preetu Nair goes behind the statistics and zero's in on the men and women who add to the traffic on Goa's sex highway. And it's piling up. Tragically there are no rules or committed policemen to even control, far less eradicate this jam that is ruining our land
Calangute/ Colva: Welcome to the kingdom. This is not quite the Alice in Wonderland and this story does not go through the rabbit hole but it sure does go through a hell hole, and there is no mad hatter's tea party but surely a crazy sex party. This is not a fairy tale for children Coz there are no fairies or fairy Godmothers, just trafficking women who pose as mothers.
And unlike Alice in Wonderland, where a rabbit leads Alice to the fascinating adventure, in Goa, you have characters like "The Jackal", "Sex" and "Hoyo" who perform a medley of vice and torture, to take Goa to the top of charts in India's sex traffic map.
Trafficking has acquired grave dimensions in the state after Baina demolition (Red light area in Vasco demolished in 2004). The trafficker is no more a gharwali or brothel keeper and there is more sophistication, complexity and consolidation of trafficking networks. Further, sex tourism has generated a high demand for virgin girls and young children.
Many tourists now demand young children, in view of the popular myth that sex with virgins can cure them of HIV and other serious diseases. Besides, it is reliably learnt that the pain that the children undergo during intercourse, gives the abuser the thrill. Sadly enough, though sex tourism and related trafficking of women and children is increasing, what is shocking is the response of the concerned agencies, which has adopted a lackadaisical attitude and shows no will to combat sex tourism.
Our investigations revealed that organised crime of trafficking revolves around two master traffickers: Carlos, the Jackal in North Goa and Raju in South Goa. At the moment they are arch manipulators, chief profiteers, master criminals and the kingpin of the entire trafficking operations in the state. But they manage and modulate all activities and transactions in such a way that they remain unnoticed. Further, GT investigations reveal that to ensure that the trade goes on unhindered, they pay the police and politicians not only in cash but also in kind, which often includes allowing 'free sex' with the trafficked victims.
Meet the merchants of the human trade in Goa:
- Carlos, the Jackal, who hails from Pomburpa had escaped from judicial local-up at Margao somewhere in August. He has 150 cases of extortion and robbery at almost all police stations in Goa. And it is reliably learnt that he strengthened his flesh trade operations while in jail.
At the moment he is living and operating from a huge rented house in Ucassaim, which surrounded by thick forest. His modus operandi is simple: He purchases Lamani, Rajasthani children, children of rag pickers and even from as far as Orissa, Bihar and Tamil Nadu between the ages of eight and twelve for Rs 30,000 or even less through unscrupulous agents whom he had met in jail. These children are trafficked to Goa by a woman, who poses to be the child's mother, to escape the clutches of the law. Once in Goa, the children are handed over to Carlos's accomplice, a woman nicknamed Hoyo from Anjuna. Hoyo, a sex worker, supplies these kids to foreigners from Anjuna, Calangute and Sinquerim. These children are sent as a helping hand along with a woman (who claims to be their mother), who is also incidentally in the flesh trade, as a maid. The charge per child ranges from $ 1000 to 2000 a month. Younger the child, higher the price. But the child only gets mere Rs 2000 to 3000 for his services, while the fictitious mother gets Rs 5,000. Carlos and his gang members share the rest.
Our investigations reveal that in Calangute and Sinquerim alone there are at least forty rich and elderly foreigners who openly live with children and click pornographic pictures. Though Carlos is the most wanted criminal in Goa, he moves around freely on a Yamaha bikes, without any fear of the police or child activists.
- Raju's operations are almost similar to Carlos. But his earning per child is almost double than that of Carlos. Just like Carlos, Raju also purchases children between the age of eight and eleven from Tamil Nadu, Karnataka and Andhra Pradesh for Rs 30,000 or less and trafficks them to Goa through a fictitious mother. His main accomplice is not a woman; but a man, a shack owner in Colva nicknamed Sex. Sex's job is to provide bikes and young children to foreigners and he carries on with his trade without any hindrance, as his godfather is a top and controversial politician from South Goa.
While Raju hails from Tamil Nadu and stays in Colva- Betalbatim and looks after a foreigner's bungalow, Sex hails from Potwado, Colva. They also have an Italian partner, who runs a prominent Italian restaurant near the fish market in South, and has connection with rich foreign tourists along the entire beach belt in the South. Sex takes children in a large vehicle with tinted glasses to the Italian, who in turn supplies them to rich foreigners, including Europeans and Arabs.
When contacted Santosh Vaidya, Secretary, Women and Child said that he was not aware of these illegal operators. But he admitted that trafficking is a really a matter of concern. "That's why we had brought the Goa Children's Act which clearly defines trafficking. After the Act was introduced, there has been a check on trafficking. But also a co-ordinated action is required from everyone," admitted Vaidya.
"We have not heard of them, not at least by these names. Illegal trafficking of girls and children for the flesh trade is not high in Goa. Delhi is way ahead of Goa. I talk about this from experience," added DIG Ujjwal Mishra.
Goa serves as a source, transit and destination where thousands of young girls and children are exploited day in and day out. Often, the actors in the trafficking network collaborate and protect each other. Just check out the types of prostitution phenomenon in Goa and the traffickers:
TYPES OF PROSTITUTION PHENOMENON IN GOA
- Brothel based prostitution: Baina & Margao
- Street based prostitution: Vasco, Margao, Colva, Panjim, Calangute, Anjuna
- Hotel based prostitution: All over Goa
- Vehicle based prostitution: North & South Goa tourist belt
Traffickers - Brothel keepers previously operating in Baina
- Few pilots ( Two wheeler taxi) and taxi owners
- Few hotels and lodges in the tourist areas and on the highways - Karwar, Molem & Sawantwadi
It is generally believed that trafficking is driven by a demand for women's and children's bodies in the sex industry, fuelled by a supply of women and children denied equal rights and opportunities. But trafficking is not just limited to flesh trade. Check out the trafficking in its manifestations:
1. Trafficking for sex-based exploitation, i.e. for brothel based and non-brothel based commercial sexual exploitation, pornography, paedophilia, sex tourism, mail-order bride system, disguised sexual abuse in the garb of massage parlours, beauty parlours, bartending, friendship clubs.
2. Trafficking for non-sex-based exploitation, including a vast area of servitude, slavery and exploitation, either as bonded or forced labour or using them as drug peddlers, for begging, giving in adoption, trading in human organs, trafficking for false marriages and other similar exploitative practices.
The study, "A report on trafficking of women and children in India 2002-2003", reveals that Goa has the highest levels of trafficking of women and children compared to other states. However, though inter-state trafficking is high, the intra-state trafficking is a minimal with only 0.6 percentage, just as in the case of Delhi.
The study commissioned by National Human Rights Commission was carried out with the support of UNIFEM and conducted by the Institute of Social Sciences (ISS) also confirms that trafficking, though not reported from many places, is happening almost everywhere.
Based on primary data collected through interviews of 4006 persons in 13 states and Union Territories, including victims, exploiters and perpetrators, the study encompasses major areas of trafficking. On one hand, the study confirmed that majority of trafficked persons are girl children and on the other hand it negated certain popular myths that the clientele who visit the brothels or abuse trafficked girls are men who live away from their families and, therefore, look for options to satisfy their sexual urges.
"The exploitation of women and children takes place not only before trafficking, but also during trafficking and after trafficking. The rights of the trafficked persons are violated with impunity. They are subjected to physical and emotional harm from sexual assault to economic deprivation, and violation of human dignity," the study reveals.
What is shocking is that even the post-trafficking scenario finds the victim at the end of the tunnel, with almost no hope of survival. The victim is subjected to different types of conceivable and inconceivable acts of perversion and exploitation. Further, the law enforcement, in most places, violates the rights of victims as the common practice is to arrest, chargesheet, prosecute and convict the trafficked victims, the study confirmed.
"Even in Goa the target of action is not the traffickers but the trafficked victims. Statistics reveal that most of the offences booked under ITPA relates to sec 7 and 8 are against trafficked victims and not against the traffickers. Trafficked victims are arrested but no customer, pimp, transport agent, lodge owner, hotel owner, taxi owner, etc are arrested, though the law is very clear that those who commercialize prostitution and those who benefit from the earning from prostitution are committing an offence", said Arun Pandey, ARZ, who conducted the study for ISS in Goa.
NAME: CARLOS, THE 'JACKAL'
Hails from : Pomburpa
Now lives in : Huge Rented House in Ucassaim,
Violation: 15O Cases of Extortion and Robbery
Traffic Operation: buys children from Rajasthan, Orissa and Bihar for Rs 30,000 each who are trafficked to Goa by a woman posing as their mother
Preferred vehicle: Yamaha bike
Traffic partner: Hoyo, a woman
Name : HOYO
Lives in: Anjuna
Occupation: Sex worker cum Trafficker
Traffic operation: Supplies Children to foreigners from Anjuna, Calangute and Sinquerim. Children are sent with a woman (who claims to be their mother).
Traffic 'toll tax' to be paid by customers: $ 1000 to 2000 a month. Child gets a mere Rs 2000 and the "mother", Rs 5000
NAME: RAJU
Hails from: Tamil Nadu
Now lives in: Colva-Betalbatim
Traffic operation: Buys children between the age of eight and eleven from Tamil Nadu, Karnataka and Andhra Pradesh for Rs 30,000 or less and traffick's them to Goa through a fictitious mother
Traffic partner: A Shack owner called 'sex'. (Yes you read it right)
NAME: SEX
Hails from: Potwado, Colva
Traffic operation: Takes children in a large vehicle with tinted glasses to an Italian, who in turn supplies them to rich foreigners, including Europeans and Arabs.
Traffic partner: THE ITALIAN who runs a prominent Italian restaurant near a fish market in South Goa
Stuck in traffic
Peter de Souza & Preetu Nair
(The article appeared in GT Weekender, Panjim edition, January 29, 2006)
An National Human Rights Commission report conducted by the Institute of Social Sciences on trafficking of women and children in India 2002-2003", reveals that Goa has the highest levels of trafficking of women and children compared to other states. Peter De Souza and Preetu Nair goes behind the statistics and zero's in on the men and women who add to the traffic on Goa's sex highway. And it's piling up. Tragically there are no rules or committed policemen to even control, far less eradicate this jam that is ruining our land
Calangute/ Colva: Welcome to the kingdom. This is not quite the Alice in Wonderland and this story does not go through the rabbit hole but it sure does go through a hell hole, and there is no mad hatter's tea party but surely a crazy sex party. This is not a fairy tale for children Coz there are no fairies or fairy Godmothers, just trafficking women who pose as mothers.
And unlike Alice in Wonderland, where a rabbit leads Alice to the fascinating adventure, in Goa, you have characters like "The Jackal", "Sex" and "Hoyo" who perform a medley of vice and torture, to take Goa to the top of charts in India's sex traffic map.
Trafficking has acquired grave dimensions in the state after Baina demolition (Red light area in Vasco demolished in 2004). The trafficker is no more a gharwali or brothel keeper and there is more sophistication, complexity and consolidation of trafficking networks. Further, sex tourism has generated a high demand for virgin girls and young children.
Many tourists now demand young children, in view of the popular myth that sex with virgins can cure them of HIV and other serious diseases. Besides, it is reliably learnt that the pain that the children undergo during intercourse, gives the abuser the thrill. Sadly enough, though sex tourism and related trafficking of women and children is increasing, what is shocking is the response of the concerned agencies, which has adopted a lackadaisical attitude and shows no will to combat sex tourism.
Our investigations revealed that organised crime of trafficking revolves around two master traffickers: Carlos, the Jackal in North Goa and Raju in South Goa. At the moment they are arch manipulators, chief profiteers, master criminals and the kingpin of the entire trafficking operations in the state. But they manage and modulate all activities and transactions in such a way that they remain unnoticed. Further, GT investigations reveal that to ensure that the trade goes on unhindered, they pay the police and politicians not only in cash but also in kind, which often includes allowing 'free sex' with the trafficked victims.
Meet the merchants of the human trade in Goa:
- Carlos, the Jackal, who hails from Pomburpa had escaped from judicial local-up at Margao somewhere in August. He has 150 cases of extortion and robbery at almost all police stations in Goa. And it is reliably learnt that he strengthened his flesh trade operations while in jail.
At the moment he is living and operating from a huge rented house in Ucassaim, which surrounded by thick forest. His modus operandi is simple: He purchases Lamani, Rajasthani children, children of rag pickers and even from as far as Orissa, Bihar and Tamil Nadu between the ages of eight and twelve for Rs 30,000 or even less through unscrupulous agents whom he had met in jail. These children are trafficked to Goa by a woman, who poses to be the child's mother, to escape the clutches of the law. Once in Goa, the children are handed over to Carlos's accomplice, a woman nicknamed Hoyo from Anjuna. Hoyo, a sex worker, supplies these kids to foreigners from Anjuna, Calangute and Sinquerim. These children are sent as a helping hand along with a woman (who claims to be their mother), who is also incidentally in the flesh trade, as a maid. The charge per child ranges from $ 1000 to 2000 a month. Younger the child, higher the price. But the child only gets mere Rs 2000 to 3000 for his services, while the fictitious mother gets Rs 5,000. Carlos and his gang members share the rest.
Our investigations reveal that in Calangute and Sinquerim alone there are at least forty rich and elderly foreigners who openly live with children and click pornographic pictures. Though Carlos is the most wanted criminal in Goa, he moves around freely on a Yamaha bikes, without any fear of the police or child activists.
- Raju's operations are almost similar to Carlos. But his earning per child is almost double than that of Carlos. Just like Carlos, Raju also purchases children between the age of eight and eleven from Tamil Nadu, Karnataka and Andhra Pradesh for Rs 30,000 or less and trafficks them to Goa through a fictitious mother. His main accomplice is not a woman; but a man, a shack owner in Colva nicknamed Sex. Sex's job is to provide bikes and young children to foreigners and he carries on with his trade without any hindrance, as his godfather is a top and controversial politician from South Goa.
While Raju hails from Tamil Nadu and stays in Colva- Betalbatim and looks after a foreigner's bungalow, Sex hails from Potwado, Colva. They also have an Italian partner, who runs a prominent Italian restaurant near the fish market in South, and has connection with rich foreign tourists along the entire beach belt in the South. Sex takes children in a large vehicle with tinted glasses to the Italian, who in turn supplies them to rich foreigners, including Europeans and Arabs.
When contacted Santosh Vaidya, Secretary, Women and Child said that he was not aware of these illegal operators. But he admitted that trafficking is a really a matter of concern. "That's why we had brought the Goa Children's Act which clearly defines trafficking. After the Act was introduced, there has been a check on trafficking. But also a co-ordinated action is required from everyone," admitted Vaidya.
"We have not heard of them, not at least by these names. Illegal trafficking of girls and children for the flesh trade is not high in Goa. Delhi is way ahead of Goa. I talk about this from experience," added DIG Ujjwal Mishra.
Goa serves as a source, transit and destination where thousands of young girls and children are exploited day in and day out. Often, the actors in the trafficking network collaborate and protect each other. Just check out the types of prostitution phenomenon in Goa and the traffickers:
TYPES OF PROSTITUTION PHENOMENON IN GOA
- Brothel based prostitution: Baina & Margao
- Street based prostitution: Vasco, Margao, Colva, Panjim, Calangute, Anjuna
- Hotel based prostitution: All over Goa
- Vehicle based prostitution: North & South Goa tourist belt
Traffickers - Brothel keepers previously operating in Baina
- Few pilots ( Two wheeler taxi) and taxi owners
- Few hotels and lodges in the tourist areas and on the highways - Karwar, Molem & Sawantwadi
It is generally believed that trafficking is driven by a demand for women's and children's bodies in the sex industry, fuelled by a supply of women and children denied equal rights and opportunities. But trafficking is not just limited to flesh trade. Check out the trafficking in its manifestations:
1. Trafficking for sex-based exploitation, i.e. for brothel based and non-brothel based commercial sexual exploitation, pornography, paedophilia, sex tourism, mail-order bride system, disguised sexual abuse in the garb of massage parlours, beauty parlours, bartending, friendship clubs.
2. Trafficking for non-sex-based exploitation, including a vast area of servitude, slavery and exploitation, either as bonded or forced labour or using them as drug peddlers, for begging, giving in adoption, trading in human organs, trafficking for false marriages and other similar exploitative practices.
The study, "A report on trafficking of women and children in India 2002-2003", reveals that Goa has the highest levels of trafficking of women and children compared to other states. However, though inter-state trafficking is high, the intra-state trafficking is a minimal with only 0.6 percentage, just as in the case of Delhi.
The study commissioned by National Human Rights Commission was carried out with the support of UNIFEM and conducted by the Institute of Social Sciences (ISS) also confirms that trafficking, though not reported from many places, is happening almost everywhere.
Based on primary data collected through interviews of 4006 persons in 13 states and Union Territories, including victims, exploiters and perpetrators, the study encompasses major areas of trafficking. On one hand, the study confirmed that majority of trafficked persons are girl children and on the other hand it negated certain popular myths that the clientele who visit the brothels or abuse trafficked girls are men who live away from their families and, therefore, look for options to satisfy their sexual urges.
"The exploitation of women and children takes place not only before trafficking, but also during trafficking and after trafficking. The rights of the trafficked persons are violated with impunity. They are subjected to physical and emotional harm from sexual assault to economic deprivation, and violation of human dignity," the study reveals.
What is shocking is that even the post-trafficking scenario finds the victim at the end of the tunnel, with almost no hope of survival. The victim is subjected to different types of conceivable and inconceivable acts of perversion and exploitation. Further, the law enforcement, in most places, violates the rights of victims as the common practice is to arrest, chargesheet, prosecute and convict the trafficked victims, the study confirmed.
"Even in Goa the target of action is not the traffickers but the trafficked victims. Statistics reveal that most of the offences booked under ITPA relates to sec 7 and 8 are against trafficked victims and not against the traffickers. Trafficked victims are arrested but no customer, pimp, transport agent, lodge owner, hotel owner, taxi owner, etc are arrested, though the law is very clear that those who commercialize prostitution and those who benefit from the earning from prostitution are committing an offence", said Arun Pandey, ARZ, who conducted the study for ISS in Goa.
NAME: CARLOS, THE 'JACKAL'
Hails from : Pomburpa
Now lives in : Huge Rented House in Ucassaim,
Violation: 15O Cases of Extortion and Robbery
Traffic Operation: buys children from Rajasthan, Orissa and Bihar for Rs 30,000 each who are trafficked to Goa by a woman posing as their mother
Preferred vehicle: Yamaha bike
Traffic partner: Hoyo, a woman
Name : HOYO
Lives in: Anjuna
Occupation: Sex worker cum Trafficker
Traffic operation: Supplies Children to foreigners from Anjuna, Calangute and Sinquerim. Children are sent with a woman (who claims to be their mother).
Traffic 'toll tax' to be paid by customers: $ 1000 to 2000 a month. Child gets a mere Rs 2000 and the "mother", Rs 5000
NAME: RAJU
Hails from: Tamil Nadu
Now lives in: Colva-Betalbatim
Traffic operation: Buys children between the age of eight and eleven from Tamil Nadu, Karnataka and Andhra Pradesh for Rs 30,000 or less and traffick's them to Goa through a fictitious mother
Traffic partner: A Shack owner called 'sex'. (Yes you read it right)
NAME: SEX
Hails from: Potwado, Colva
Traffic operation: Takes children in a large vehicle with tinted glasses to an Italian, who in turn supplies them to rich foreigners, including Europeans and Arabs.
Traffic partner: THE ITALIAN who runs a prominent Italian restaurant near a fish market in South Goa
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