ABVA Members – their Struggles and Commitments Prior to Christening of ABVA

Those who had joined AIDS Bhedbhav Virodhi Andolan (ABVA) included Manoj Pande, Dr. Puneet Bedi, Shanta ji, Arun Bhandhari; Shalini SCN, Lalitha S.A.; Dr. J.P. Jain, Dr. Mathew Varghese, Dr. P.S. Sahni; Jagdish Bhardwaje, Yashwant, Shobha Aggarwal, J.S. Kohli, Manjit Singh. Some of these activists had known each other for decades/ several years and had worked together in different campaigns and movements prior to joining ABVA.

-         In 1983 Shanta ji, Yashwant and Dr. P.S. Sahni were members of the Jhuggi Jhompri Niwasi Adhikar Samiti (JJNAS). This organization had dozens of constituent members – individuals/ organizations based in Delhi and Calcutta (now Kolkata). JJNAS was opposed to slum demolitions without rehabilitation of the uprooted people. In 1984 several draconian laws were passed in Parliament to target slum dwellers, treating the latter as criminals and to uproot them at the whims and fancies of those in power. JJNAS opposed these laws; organized a few protest marches; demanded ration cards and voter identity cards for slum dwellers. When one slum dweller, Wilson was tortured to death in a police station on the alleged charge of stealing a ceiling fan, cases were filed not only in the trial court against the policemen involved but also in the Supreme Court.

-         Dr. J.P. Jain, Dr. Puneet Bedi (Gynecologist), Dr. Mathew Varghese (Orthopedic Surgeon), Dr. P.S. Sahni (Orthopedic Surgeon) had studied at Maulana Azad Medical College and associated hospitals, New Delhi during the late 60s and 70s. The latter three doctors were in the forefront of the two month long agitation launched by the Junior Doctors Federation (JDF) of Delhi in 1980 resulting in the strike affecting all the five major public hospitals in Delhi. The strike was called off after an agreement signed between JDF and the Union Ministry of Health and Family Welfare. The demands pertained to pay raise, working hours and future job prospects. During the follow-up of the strike 37 of the two thousand odd striking doctors led by Dr. P.S. Sahni were sentenced to 28 days imprisonment at Tihar Jail, Delhi.

Dr. Puneet Bedi is a rare gynecologist who never performs ultrasonography for sex determination; he never does any unnecessary Caesarian operation, opting to patiently hold on for hours, nay day, for normal delivery to take place. Dr. Mathew Verghese’s commitment to the needy patients is legendary; he spends half his earnings on poor patients. He has earned the epithet of “one among five people from around the world who were real life heroes.”

-         Shanta ji, Dr. J.P. Jain, Dr. P.S. Sahni, Manjit Singh had worked together amongst the victims of anti-Sikh violence in 1984 in various relief camps set up in Delhi. As per Government reports at least 3000 Sikhs were burnt alive in Delhi itself. Manjit Singh, a Sikh by faith, had to have his hair shorn off to escape being burnt alive; within a few days of this violence Manjit Singh had started doing relief work. Manjit Singh was a communist by ideology; though a man of limited means he had a library of progressive literature at his humble house. He practically had all the issues of weekly magazine, Mainstream since its inception!

For 26 months the work undertaken by these four activists involved setting up of medical relief centers, filing of compensation applications; petitions to various authorities; a series of protest actions e.g. rallies to the office of Lt. Governor of Delhi; Delhi Development Authority; Boat Club etc.

Shanta ji as the senior most ABVA member was a source of strength for all ABVA members. She had courageously battled both her personal and political struggles. Dr. J.P. Jain had left his secure and well paid government job to do voluntary work amongst victims of 1984 violence.

-         During the 1988 Cholera epidemic in Delhi Arun Bhandari, Dr. J.P. Jain, Dr. P.S. Sahni were part of the 11 member fact finding team, Nagrik Mahamari Janch Samiti, which brought out a Citizens’ Report, Crime Goes Unpunished. The report became part of the case filed in the Supreme Court demanding fixing of  the responsibility on the guilty officials responsible for the water contamination supplied through shallow ‘pumps of Death’! A large protest demonstration was organized outside the Maulana Azad Medical College, New Delhi, followed by a public meeting at Delhi’s Sapru House. Through Arun Bhandari ABVA’s reports would get distributed to other parts of the country whenever Arun – through his parent organization Ankur – was travelling for a workshop, meeting organized by other social groups outside Delhi; Arun was equally at ease in mobilizing people from Bastis for protests organized by ABVA. He would ensure that the participating people were well versed with the issue at hand.

-         From 1980 onwards Jagdish Bhardwaje, a professional blood donor (who sold his blood for a living) had organized the poorest of the professional blood donors in Delhi for a better deal at the hands of the private and government blood banks. Jagdish Bhardwaje, coming from a middle class background, had hit the pavement in 1981 while at the peak of his personal and professional life. He had suffered huge economic losses in his business and had to dispose off his Greater Kailash-II residence and car in a distress sale. His wife left him along with the only son the couple had. He overcame a spell of severe depression and struggled with his life on the pavement at Jama Masjid, Old Delhi. He found himself amongst people who were forced to earn their livelihood by selling their blood. Later he organized them under the banner of professional blood donors and launched a long agitation at Boat Club – the Hyde Park of Delhi – so that they get better remuneration for a bottle of blood! The organization acquired an all India banner. For about two decades Jagdish himself was selling his blood for a living; at times once a day and even thrice a day on occasions.

In 1990, Jagdish joined ABVA and was actively associated with it for over a decade. A report – Blood of the Professional – authored by him documents the lives and struggles of professional blood donors in India. In a public interest litigation filed by H.D. Shourie titled Common Cause vs. Union of India and Others [Writ Petition (civil) 91 of 1992], the Supreme Court had inter alia banned professional blood donation. Jagdish had filed an intervention application through advocate Laxmi Kant Pandey urging the court to have a rehabilitation policy for professional blood donors in the event the court was likely to ban professional blood donation. Though the judgement delivered on 4 January, 1996 victimised the professional blood donors eventually, Jagdish’s application was not even considered.

-         Yashwant, himself a young leprosy patient residing in a slum area at Tilak Nagar, New Delhi was instrumental in organizing the inmates of this colony, Jagat Matha Kusht Ashram. As they were facing discrimination in their own state of Karnataka (mainly district Bijapur) these leprosy patients had shifted to Delhi in the 1970s to earn their livelihood through begging. Dr. P.S. Sahni started working amongst them after leaving his job at All India Institute of Medical Sciences (AIIMS), New Delhi in December, 1983. Yashwant was active in the panchayat of leprosy patients. Yashwant organized a number of protest actions including at the then national protest site, Boat Club, New Delhi. During one of their most militant protest actions near the office-cum-residence of the then Lt. Governor of Delhi the police resorted to firing resulting in injuries to many of the protesting leprosy patients and death of one of them. One of the leprosy patients, Govind Ram filed a writ petition in the Supreme Court of India on 19 June, 1985. Mrs Kapila Hingorani, senior advocate argued the case.

The petitioner, Govind Ram, aged 80 years, suffering from leprosy with crippling deformities was one of the 7000 persons with leprosy in Delhi and earned few rupees by begging and on this account he often found himself in jail after being arrested under the Anti-begging Act. The petitioner resided at jhuggi no. 26 at this Ashram.

It was submitted that there are 4 million people in India suffering from leprosy; that most of them in Delhi are taken to Remand Home called “Sewa Kutir’at Kingsway Camp which inmates refer to as ‘Danda Kutir’ because of the severe beatings they get there. The petition pointed out that these people suffer from a number of disabilities in the matter of employment, elections, and travel under the laws and more in practice as they are treated worse than untouchables. Moreover with the repeal of the Indian Lepers’ Act, 1898 in Delhi and a few other states, alternate means of rehabilitation and their medical treatment have not been made.

P.N. Bhagwati the then Chief Justice of India and Justice V. Khalid passed an order on 9 September, 1985 asking Union Government and the Law Commission to provide suitable legislation for the treatment and rehabilitation of leprosy patients. The writ petition continued for over 20 years (1985 to 2004). About half a dozen Chief Justices retired while the case was on. The petitioner was thrown in jail after being arrested under the Anti-begging Act; his jhuggi was demolished by Delhi Development Authority; in 1989 he died without any medical treatment and rehabilitation. After 20 years of legal struggle and innumerable court orders a suitable legislation for the treatment and rehabilitation of leprosy patients is yet to see the light of the day.

-         Even before ABVA was christened in 1990 as such three of us – Dr. J.P. Jain, Lalitha S.A. (Joint Women’s Program), and Dr. P.S. Sahni had got together to plan working amongst the commercial sex workers (CSWs) in Delhi’s red light district, G.B. Road. At that time the sex workers were being targeted for forcible HIV testing. Eventually a small dispensary was set up in one of the brothel houses where medicines for common ailments were provided and condoms were distributed. Later Shalini SCN (Women’s Development Program, Indian Social Institute, New Delhi) joined this work. When CSWs realized that a section of the mainstream media had written derogatory things about them, they protested and sent rejoinders to the newspapers. In fact some of them accompanied us to the newspaper offices. When a demonstration was organized at the office of Indian Council of Medical Research, New Delhi on 28 February, 1990 some of the CSWs joined the protest with their faces uncovered.

In 1989, Shobha Aggarwal & few others lawyers had started a Legal Support Group to provide free legal aid to the poor and needy. In 1990, the Delhi Police under the supervision of Deputy Commissioner of Police, Amod Kant arrested 112 women in prostitution and their children on the charge of being ‘neglected juveniles’, under Juvenile Justice Act, 1986. Even after the Juvenile Welfare Board pronounced that none of them were neglected juveniles, the State went in appeal. The appeal was dismissed in March 1995. For five years Shobha Aggarwal, advocate was attending the court regularly as a lawyer for these victims. At times she had to wait in the court room for the whole day. In the first two years more than two hours on every hearing were spent in taking attendance of the women & their children; and warrants of arrests were issued against anyone who was not present. Children had to miss school for attending the court. They were made to stand outside the court room in a line like prisoners while the attendance was taken. The attitude of the judges and the court staff towards the accused was that of a priest towards a sinner. They were granted exemption from appearance only after Shobha had an argument with one of the presiding judges. The case passed through several judges. Not a single one was willing to apply his/her mind to the application for summary dismissal of appeal filed by the police as no appeal was legally allowed under the Act against the order of acquittal by the Juvenile Justice Board. One of the judges who sat on the case – without passing any order for years – was later elevated to Delhi High Court! It took full five years for a judge to dismiss the State’s appeal against the order of acquittal of the women and children.

The net result has been that the police has refrained from indulging in a repeat performance of such brutal raids in later years. The spontaneous public protests by the women concerned after their arrest, and the debate that ensued in the media followed by the protracted legal battle has had a salutary effect on the powers that be.

Lalitha is passionate about her work amongst the CSWs and their children. Her work continues till date. Her humility is unmatched. Shalini, a onetime Christian Nun had to confront, cajole, and convince the Church, the Bishops and the Indian Social Institute to be working courageously amongst the CSWs.

-         Manoj Pande and J.S. Kohli were working with the Service Civil International, India (SCI) when they joined ABVA. Manoj Pande is still active in ABVA’s work; for over twenty-six years Manoj has been the Secretary at Himalaya Seva Sangh, New Delhi. Earlier known as the Border Areas Coordination Committee, the Himalaya Seva Sangh was set up by a number of Gandhian Organizations in 1962 to promote community action for Social and Economic Development in the Himalayan region; to guide, coordinate and promote the activities of voluntary organizations and individual social workers working for socio-economic uplift of the people of that region. It is primarily through the efforts of Manoj Pande that ABVA’s work has reached the remotest parts of the country; wherever he travels during the course of his work he is able to communicate to the local people how non-funded work by ABVA in the last 30 years continues. Both Manoj and J.S. Kohli have participated in ABVA’s protests and have joined hands in bringing out some of ABVA’s reports. ABVA’s protests would begin by slogan shouting led by Manoj Pande in his thunderous voice and the rest would join in slogan shouting. As SCI’s member, rejoinders sent by J.S. Kohli to newspapers supporting ABVA’s actions would be a big boost to the fledgling organization that ABVA was in the making.

When all these 14 activists joined ABVA they brought their lifetime’s experience with them which got reflected in ABVA’s work. Many of them have had a brush with socialism and feminism. Thus in different campaigns, draconian and anti-people laws were being fought against by these activists – whether the laws were against slum-dwellers; against leprosy patients [e.g. Indian Lepers’ Act, 1898 and The Bombay Prevention of Begging Act, 1959 as applicable to Delhi; The Juvenile Justice Act, 1986; The Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA); Immoral Traffic (Prevention) Act, 1986 (PITA)]. When Supreme Court of India put a ban on professional blood donors, ABVA organized meetings and protests to get the judgement overturned. Jagdish Bhardwaje was the moving spirit in this campaign.

Many of these 14 activists had a very good understanding of the functioning of the Indian Parliament through practical use of its various modalities e.g. raising questions in Parliament; call attention debates; special mention in Parliament; petitioning before committees of Parliament etc. All this was useful to ABVA in its work. Some ABVA members had firsthand experience of being petitioners in the Supreme Court; others had moved subordinate courts during the course of their work. So for this group of 14 activists challenge to Section 377, IPC and its repeal in toto did not present any insurmountable problem. With their political experience it was a natural corollary – except that no member of the sexual minorities agreed to be part of the court case till 31^st December, 2000!

Out of these 14 members Shanta ji, Shalini SCN, Jagdish Bhardwaje, Yashwant & Manjit Singh have since passed away. Out of the seven people who prepared the Report Less than Gay six were from the aforementioned 14 members. The seventh person involved in preparing the report was Siddhartha Gautam who had joined ABVA as a law student briefly for about two to three years before he passed away in January, 1992. Even during this period he was out of Delhi to be with his parents in Kolkata; or out of India for treatment in USA. He provided lots of source material on gay and lesbian issues – both Indian and western. This was useful in preparing Less than Gay. As per an understanding no ABVA member – living or dead, including Siddhartha talked about his or her sexuality in public. All constructs to the contrary are an afterthought and only violate the privacy of the person concerned by vested interests.

Many people – who joined ABVA for a few years before venturing out in other fields – helped enrich ABVA’s work: Gauri, then a theatre activist with Alarippu which focused on amateur theatre; A. Srinivas, journalist by profession and rebellious by nature who was eased out of several newspapers every year or so since he refused to compromise with his principles; he ensured that proceedings of the court case filed by ABVA for repeal of Section 377, IPC got reported in The Pioneer. Ashwini Ailawadi introduced ABVA members to the world of drug de-addiction and rehabilitation. He got ABVA members to attend Al-Anonymous meetings scheduled every Wednesday and Saturday in the evening hours to listen to first-hand experience of those who had quit substance abuse for over five years; Anuja Gupta, a teacher of French joined ABVA after her brother Siddhartha Gautam died. Dimple had been involved in women’s movement and lesbian issues. Though a taciturn she was persuaded to speak as the lead speaker in the seminar the ‘Politics of Sexuality’ organized by ABVA in 1992 at Indian Social Institute, New Delhi. Dimple got her friend Renu who worked at a Union Ministry, Govt. of India to join ABVA. D. Dalip joined ABVA and made us aware of how gay men got ‘treated’ at premier medical institutions in the country like AIIMS; the sort of interrogation a gay person was subjected to even if he ventured to go for an HIV testing on his own volition. Teena Gill, a journalist who was working with the Indian Express left ABVA soon after joining due to conflict of interest.