Phoney Concern Attack on Tehelka for Using Call Girls Intervention Petition Submitted to the Chairman National Human Rights Commission by Madhu Kishwar

Hon’ble Justice J. C. Varma, of sedition is punishable with death attempted to “bring into hatred and It came as a shock that the or life imprisonment. Tehelka is also contempt and excite disaffection National Human Rights Commission alleged to have “seduced various against the Government of India and has admitted a petition against officials of the Indian defence the armed forces”. However, the main Tehelka for “using sex workers to establishment from their allegiance peg used by Shakti Vahini to hang all entrap Army officers in the course of and their duties and encouraged them their wild and motivated allegations its sting operation” at the behest of to be disloyal to the nation”. Therefore, is the pious pretence of seeking to Shakti Vahini, an organization very few Shakti Vahini has sought action protect the rights and lives of the people had heard of till they sought against Tehelka under Section 131 of exploited prostitutes. To quote from the intervention of the NHRC and the the Indian Penal Code. This very their letter to the Deputy Delhi Police to take action against stringent provision provides for life Commissioner of Police: Tehelka under various draconian imprisonment for anybody who By their admitted acts of firstly Sections of the Indian Penal Code. “attempts to seduce” an Army officer procuring call girls/prostitutes I submit before the honourable “from his allegiance or his duty”. and providing them to the said Commission that the charges levelled Charge of Sedition army officials for the purposes by Shakti Vahini are frivolous, wrong, The complaint further states that of prostitution and then by absurd and motivated. They are by Tehelka carried out its journalistic clandestinely filming the said no means inspired by a genuine desire exposure “with the motive of shaking officials committing sexual acts to seek justice and rehabilitation for the confidence of the entire nation with the said women, they call girls. Their petition appears to be against the armed forces”; that it [Tehelka staffers] have clearly part of a blatant campaign to deflect attention from the very serious evidence of corruption against some of the top political leaders of the ruling party and power wielders in the Defence Ministry. It is very alarming that the NHRC has, by admitting this case, lent some credibility to the absurd and malafide charges levelled against Tehelka by Shakti Vahini. The chargesheet prepared by Shakti Vahini alleges that the Tehelka team had attempted to “destabilize our country and with a view to overawe the government of our country, have indulged in various acts of criminal conspiracy, cheating, impersonation and above all sedition.” The charge

No.128 27 committed acts, which not only corrupt and antinational acts not have the rights that criminals in have the effect of denigrating becomes suspect in the eyes of Shakti regular prisons have. Not only are the women, but are also grave Vahini and others who have jumped living conditions far more appalling offences punishable under the in to defend those accused of than in prisons but these institutions Indian Penal Code and the corruption. are far more unsafe than ordinary Immoral Traffic (Prevention) Act, Guise of Rehabilitation jails. Let us not forget that Kamla, the 1956 (PITA). Apart from the arrest and young woman purchased from a flesh Without any supporting evidence prosecution of the Tehelka team, market of Madhya Pradesh by The Shakti Vahini further alleges that Shakti Vahini petition demands that Indian Express reporter Ashwini Tehelka tapes have been used for Tehelka should be compelled to Sarin mysteriously disappeared from subsequently blackmailing the disclose the identity of call girls used Delhi’s nari niketan despite having officials concerned and make them in the sting operation so that the entire national media’s gaze fixed “say or do things which jeopardize government can “rehabilitate” them on her fate—all because she was a the security and integrity of our “in consonance with the provisions living proof of the involvement and country”.The whole case rests on of the Immoral Traffic Act” and an complicity of some power wielders in the unsubstantiated allegation that antiquated provision of the the Madhya Pradesh government. the entire Operation Westend was International Convention for the If the treatment being meted out carried out “with ulterior motives to Suppression of Traffic in Persons to in government custody to a well off destabilize the polity and governance which India is supposed to be a person like Shankar Sharma is any of our country”. signatory. Article 16 of this outmoded indication, these vulnerable women According to Shakti Vahini since convention of 1949 vintage stipulates are bound to be under much greater it is “not ascertainable whether the that “the parties to the present threat if they come in the clutches of call girls procured by Tehelka.com Convention agree to take or the police. They might just had attained the age of majority” encourage, through their public and “disappear” as mysteriously and they may well have used minors private educational, health, social, rapidly as did Kamla. By demanding which would make the offence even economic and related services, that the call girls be taken into graver. Also, since these acts of measures for the prevention of custody, shakti vahini seeks to supplying call girls took place in a prostitution and for the rehabilitation endanger their lives even further. hotel located 200 meters from a place and social adjustment of the victims Therefore, it is not surprising that of public religious worship, of prostitution…” even after Shakti Vahini’s efforts on educational institution and hostel, And what does this behalf of prostitutes were widely therefore, it is additionally an offence “rehabilitation” package involve for broadcast through the media, neither against “public decency, apart from the women concerned? Here the the two call girls nor any of their being punishable under PITA” Shakti Vahini enthusiasts take associates showed any inclination to [Prevention of Imoral Traffic Act]. recourse to another antiquated law, take up Shakti Vahini’s offer of help Furthermore, “since the said women namely the Immoral Traffic and “rehabilitation”. have been filmed committing sexual (Prevention) Act 1956 (PITA) which The ludicrousness of this petition acts with the said army officials, has been long condemned for being to the NHRC and its real intent Tehelka has committed yet another anti-women because it mandates the becomes evident from the following cognizable offence under the punishment of the victimised press release by Shakti Vahini: Indecent Representation of Women prostitutes. Shakti Vahini’s idea of If Tejpal is correct and no action is (Prohibition) Act, 1986”. “rehabilitation” of prostitutes is to taken against him then the message It is unfortunate that army officials have them imprisoned or detained in will go across the country that it and top level politicians allowing a “corrective” institution under will be lawful to use sex workers, their decisions regarding purchase of Section 10 A of the PITA which prostitutes and women to get a defence equipment to be influenced provides for a detention of a minimum work done. Sex workers will be used by lavish entertainment, cash and sex of two years which can even extend for any thing. From procuring bribes does not bother Shakti Vahini up to five years. deals to getting big contracts and others targeting Tehelka. But In government run nari niketans everywhere people will use sex Tehelka offering filmic proof of these or “rehabilitation homes” women do workers and will take refuge in the

28 MANUSHI fact that Tejpal was not arrested. Also if we don’t arrest Tejpal we will give prostitution a licence….We are very concerned on the impact of the Tehelka fallout on the country women who will be used like this, as sex objects, as bribe, their bodies will be sold. Many women will join this as career because Tejpal has made it legal… Already sex industry and traffickers are increasing day by day and if no action is taken against Tejpal this industry will grow by leaps and bounds. Reading this outburst, one would get the impression that is the man who invented the practice of prostitution, that it was smear campaign against Tehelka bribes with a few routine hitherto unknown to human society, launched by an influential section of inducements, including the services at least in India! The petitioners the media. Some of these papers have of a few call girls thrown in as extras labour hard to present the defence been dutifully reproducing every wild to try to add a touch of authenticity officials and others charged with allegation levelled by government to the fictitious company that gross impropriety and betrayal of the agencies and those accused of Tehelka’s reporters had invented. trust and responsibility that goes corruption without the slightest It is also significant that not one with their high offices as hapless attempt to verify the veracity of the of the officials or politicians caught victims who were trapped by some charges, including those that belong taking bribes expresses hostile forces out to subvert India. to the realm of the ridiculous. apprehensions about being caught The truth is that the Tehelka team Confident in Crookery or thwarted by fellow officials with a have merely lifted the curtain on a The most informative and reputation for probity. They talk small part of the evil drama being frightening aspect of the Tehelka disparagingly about those who do enacted routinely by our defence expose is not that military officers not deliver even after taking bribes establishment and that Tehelka is but not once about fearing and Ministry of Defence officials as attempting to expose existing obstruction from any upright well as the Defence Minister’s corruption rather than inventing it. decision maker. This in itself shows closest associate proved themselves They have laid bare before the nation how corruption and sleaze exposed to be such unashamed bribe seekers, concrete evidence of how senior army by Tehelka are matters of daily but rather that they felt so safe from officials and politicians in-charge of routine and deeply entrenched in the the risk of exposure that they did not defence purchases are risking the functioning of the Ministry of take the simplest precautions lives of our soldiers and making India Defence and our entire political vulnerable to external aggression and government crooks take in most establishment. putting the lives of millions of Indians countries: they did not even bother The core issue we need to keep in danger by allowing cash, kind and to check on the antecedents of the in focus is that Tehelka has opened sex bribes to determine key decisions imaginary “company”. Nor did they just one small window into the regarding purchase of weapons and seem concerned that they might have decision making process at the equipment required by our armed to justify the quality and highest levels in the most sensitive forces to provide for the security of appropriateness of the equipment and vital ministry entrusted with the the nation. being offered. They let themselves security of India. The iron curtain of Sadly enough, the position taken be conned by a mere “visiting card”, secrecy in matters pertaining to by Shakti Vahini is very similar to the accompanied by relatively small defence have made it the least

No.128 29 accountable part of government without their informed consent is the shrillest, loudest and most operations in India, and therefore indeed morally wrong. However, jingoistic noises about external encouraged gross forms of when weighed against the public threats to India in a clear attempt to corruption in defence purchases.This service performed by Tehelka create a siege mentality among our expose should have triggered off investigators and the potential people so that they forget to ask many more follow up investigations importance of the investigation, the pertinent questions about bringing and a concerted campaign by unethical use of call girls becomes our internal saboteurs to account concerned citizens, including more comprehensible, if not before the law. women’s organizations, for greater completely justifiable. My rejection Ploy to Divert Attention transparency and exemplary of the way the sex workers are treated But even if we accept that punishment of the guilty as well as relates primarily to the lack of any Tehelka transgressed journalistic demanding that Official Secrets Act opportunity for them to decide for norms by using call girls to uncover be replaced with a Right to themselves if they were willing to the corrupt defence deals, it would Information Act. participate in the sting. Participating be appropriate to hand over the matter Instead, we are witnessing the in a sting is not the same as to the Press Council, a statutory body sad spectacle of vested interests willingness to sell sex. Their activities to handle ethical violations by the jumping in to strengthen the hands were put on camera without their press. The government has no of the culprits in government by knowledge or consent, thus also business or the right to sit in putting the Tehelka team on trial, violating their right to privacy. judgement over this issue. The instead of trying to push the expose However, I believe the Tehelka authorities are only using it as a ploy up to the levels required to stop the investigators have a reasonable to divert attention from the core corruption. explanation for believing in the issues, harass the Tehelka team and Ethical Considerations necessity of employing those women to destroy Shankar Sharma in order The two episodes involving the in the manner they chose. to frighten the other media barons use of call girls form a relatively small Those sexual encounters provide from investing in serious part of the entire expose. And yet, deep insights into the crudity of mind investigative journalism. the entire effort is sought to be and level of self-debasement of some I believe Tehelka journalists tried trashed on account of those of our top brass in charge of national to build in several important incidents. In matters of ethics, one of security. Having people with such safeguards to ensure that these girls the considerations one needs to low self-esteem in key positions of would not be identified in the weigh carefully is the harm caused power poses a great danger to our versions available to the public or to by a particular action against the good lives because such people cannot be those who might use it against them. that might come out of it. If we accept adequate guardians of the national They safeguarded the identities of this as one of our yardsticks, then it security and well-being of our the call girls they hired to protect is imperative that we look at what citizens. It explains why our country them from harm by steadfastly Tehelka set out to do, including the has become so vulnerable that even refusing to give out the names of the potential benefits to our society from a fourth rate military power such as women they used, despite great their endeavours to uncover the Pakistan dares to attack us time and pressure on them to do so. sleaze and corruption that again and gets away with it while They did not make a sensational characterises defence procurement inflicting heavy damages and splash of the portions of their deals. casualties on our armed forces, videotapes that show key defence In all, four women appear as despite the fact that India possesses officials being “entertained” by call actors in this drama. Two of them are the largest standing army in the girls and other women posing as call professional sex workers who are world. Our people, who are falling girls. Neither in the released clearly in it for the money, and are easy prey to the jingoism unleashed transcripts nor in the tapes released altogether unaware of the actual on us by the very people who are to the media did Tehelka try to encash drama behind the scenes. In that profiting from jeopardising our on the “sexy” part of the story. sense they are the ones trapped security, should better know all this. At the same time, Tehelka did not unwittingly – not the defence officials It is no coincidence that Defence hide the fact that it had used call girls who they “entertain.” Using them Minister makes for the sting operation. The

30 MANUSHI uncensored unedited tapes, that include those portions, were handed over to the army authorities way back in March 2001. The Commission of Inquiry was also given the unedited version of the 100-hour film. Both these authorities decided not to make them public. Tehelka also made sure that they were not accessible to public or the press. The army authorities carried out their own trials, court-martialed the accused officials, and even found them guilty. For months after what she would or would not do him about the filming of his the expose, the officials shown in the while catering to her clients. encounter with a prostitute which tapes as accepting sex bribes uttered Of all the bribe takers filmed by was thrust upon him by the not a word in their own defence. It Tehelka, Colonel Sehgal comes out website’s investigative reporters”. was only after as the most hardened and cynical. (Pioneer, 28.8.2001) She has also highlighted the call girl aspects of The gutter language he uses alleged that her husband the expose on August 23, 2001, to throughout his appearance, the “suspected his drinks were spiked” the neglect of the main story that vulgar jokes he cracks as a habit, the by Tehelka staffers since on the day the accused army officials began crudeness of his behaviour towards of the filmed encounter with call girls their “offence is the best form of the women “entertaining” him, the “her husband had returned in a defence” strategy and tried to put brazenness with which he conducts ‘never-seen-before’ drunken state”. Tehelka in the dock on this and a these deals indicate that he is an In this context, it is important to whole range of other more irrelevant active, key player in promoting point out that both Col. Sehgal and and ridiculous charges. This also sleaze and corruption in defence Lt. Col. Sharma (who goes into a provided a handle to organisations procurement, rather than someone separate room with another call-girl) like Shakti Vahini to jump in to the reluctantly seduced into the act. His had spent a good deal of time with defence of the guilty. defense that he was drugged and the two call-girls and a Tehelka Sex Bribes Routine Affair in seduced by Tehelka who then used reporter cracking and listening to Defence Deals that footage to blackmail him, is too what are described by them as “call- It is amply clear from the gross to be lent any credence girl jokes”, drinking and ordering behaviour of the defence officials because his behaviour even in his food. The tapes leaves one in doubt that they were used to demanding own home where there are neither that both the men are in total and getting sexual bribes along with call girls nor any booze, comes out command of the situation, which is cash bribes. One of the officials (Col. no different. also evident in the way Col. Sehgal Sehgal) even went so far as to insist It is sad that even a man like attempts to bully the call-girl with the call girl “entertaining” him Sehgal can martial the services of his “servicing” him into providing that she provide oral, anal and all wife and use her as a sword to fight nauseating and kinky forms of oral manners of kinky sex because that his battle. She has chosen to go on sex. is what excited him most. When she the offensive and lodged a complaint Even Brigadier Iqbal Singh, who refused, he took pains to explain against Tehelka with the President failed to “go all the way” because how call girls frequented by him of India, the Prime Minister as well he said “he was not prepared”, and elsewhere performed those acts and as the accused Defence Minister, shows some amount of reticence, did if she too learnt to do those things alleging that the Tehelka team had not express much surprise or moral she would rise high in her “trapped” her husband and that her disapproval when a young woman profession. He kept goading her “husband has been living with a posing as a call girl was presented even after she made it firmly clear constant threat of exposure since to him. She was made to wait in the that she had set certain limits for [reporters] of Tehelka.com first told hotel lobby while Singh carried on

No.128 31 the “business conversation” with the record citing the famous “Kamla case” Tehelka reporter. The woman is asked Had these army officials whereby one of its staffers actually to come up to the room only after been in the went and purchased a woman for Tehelka reporter has checked with habit of demanding trips Rs.2500 from one of the flesh markets Singh whether she should be invited to Appu Ghar, the in Madhya Pradesh. The Indian to join him. Tehelka team is likely Express claim that they covered Holding a Mirror themselves ethically and to have taken them to Since the purpose of the Tehelka professionally while performing this investigation was to show with Appu Ghar. “illegal” act by taking five public irrefutable proof how those in charge figures into confidence before they of defence purchase deals have become Sex bribes are a routine part of undertook the sting operation. habituated to demanding and corrupt deals all over India. Not to However, the comparison if taken accepting monetary and other bribes include such payoffs in the deals might to its logical conclusion shows The and how uncaring they are about the have made the corrupt officials too Indian Express mode of journalism in quality and appropriateness of the wary to participate further. If the a much poorer light. No public cause equipment being purchased thereby Tehelka team had been unwilling to was served by it. They failed to make compromising national security, they include sex bribes, it would have been the slightest dent in the flesh trade, and understandably decided to enact the likely to have aroused the suspicions chose to simply forget about the issues whole drama as per the rules set by of the corrupt officials, just as the they had raised. They also took no those incharge of defence procurement Tehelka journalists would have rung responsibility to trace Kamla after she decisions. Had these defence officials alarm bells among the corrupt officers mysteriously disappeared from the been in the habit of demanding trips to if they had refused to offer them liquor government run nari niketan. They Appu Ghar, the Tehelka team is likely or join in their drunken, abusive and endangered her life by their expose and to have taken them to Appu Ghar. But obscene conversations. making a public spectacle of her since sexual bribes play an important The explanation offered by miserable and vulnerable life. They did role in many defence deals, the Tehelka Tehelka as to why there was no filmic not express the slightest remorse over team decided to include such bribes in proof of the demands for call girls the matter even after it became clear accordance with the routine norms and sounds credible: all conversations, that she was used and harmed, rather traditions entrenched in the Ministry especially between them and men like than helped by their sting operation. of Defence. Sashi, who acted as a go-between, Some years later when a film was made We would also do well to remember could not possibly be filmed because on Kamla’s story, the Indian Express that the Tehelka team did not use the some of these conversation took place tried to get a stay order on the film’s call-girls for any personal or commercial on the phone out of the reach of the release by claiming “copyright” on her gain, as is proven by their later conduct cameras, others in open spaces where story. This shows The Indian Express in withholding access to these tapes situating a camera unobtrusively at a editors in a very poor light. for the public. Tehelka reporters were strategic point that could record the Need for Transparency event was not feasible. simply “acting out” a role. Seducing If we had a history of transparency defence officials is not their profession Ethics of Kamla Case in the defence procurement process, if or business. As is true for screen and The Indian Express has challenged it was not unnecessarily clouded in stage actors, once a person gets to the methods used by Tehelka team secrecy through the use of the Official impersonate another role, there is an by drawing a comparison to their Secrets Act, then there would be no inevitable tendency to flow and mould supposed professionally ethical track need for Tehelka types of exposes. oneself to the requirements of that Such dramatic and risky operations particular role and character. Therefore, Our nation is under far only become essential when normal in offering sex bribes, the Tehelka team greater threat from channels of seeking accurate was, in my view, carried away by the internal corruption and information are totally blocked. understandable desire to appear fully Unfortunately, foreign defence experts saboteurs than any credible in the eyes of the defence and even our enemies seem to know officials rather than seeking prurient external enemy. more about our defence procurements satisfaction for themselves. than do the citizens of India.

32 MANUSHI Today, we face a situation vividness the factors that lead to our Armed forces to provide for the whereby those in positions of malgovernance and India’s poor security of the nation. It is indeed power are playing an active role in performance. distressing that Tehelka should be criminalising our society. Corruption Danger to Shankar’s Life put in the dock for performing a and bribery have become integral The manner in which the valuable public service with courage, features of government functioning. government is witch hunting Shankar intelligence and at great personal Our power wielders appear Sharma and Devina Mehra, violating risk. It is particularly outrageous that altogether indifferent to how their their human and constitutional rights Tehelka should be harassed and actions are jeopardizing the security will have a chilling effect on the future attacked in the name of women’s of the whole nation and of investigative journalism in India. rights. endangering the lives of our jawans This is what should be engaging the MANUSHI’S Intervention by denying them appropriate NHRC’s attention. Women have a special stake in weapons and equipment. We are The methods used to make “an safety, security, probity in public life saddled with a political regime that example” of Shankar Sharma are and a less violent society. History does not believe in transparency openly fascistic. All manners of provides enough evidence that as the and accountability even in day-to- blackmail and pressure, including level of corruption and crime rises in day matters, not to speak of the wrecking their business, are being put any society it leads to increasing harmful, deadly secrecy that on him and his family with the clear marginalisation of women. In such a surrounds matters related to purpose of making them break down scenario they either appear as victims defence. and make them an object lesson for of violence or used by men to settle The Official Secrets Act is being others in the corporate sector so that scores with each other and become used no less vigorously today than no media owner ever dares cross the their instruments. Therefore, during colonial times to cover up the line of “discretion” by financing such women’s organisations owe it to crimes of our rulers. Citizens are not investigations, no editor will dare themselves not to let the core issues allowed access even to municipal support enterprising journalists who (the need to combat corruption, lack accounts, leave alone purchases want to take investigative reporting of accountability of power wielders made for our armed forces. In such seriously. The entire business and consequent malgovernance) be an atmosphere our nation is under community seems so terrorised that lost sight of and to push for far greater threat from internal they have not come out to defend meaningful reforms in governance, corruption and saboteurs than any one of their colleagues whose civil and the enactment of a Right to external enemy. and constitutional rights are being Information Act. Since the criteria for most major violated. Since our organisation is government decisions, including The fear of his family and friends committed to strengthening military procurement, seems to be that Sharma’s life is in danger at the democratic rights, rule of law and how to siphon off public funds into hands of government agencies is not promoting accountability and private accounts, and much of their unfounded. It is he who deserves the transparency in governance, I on time is spent on figuring out newer protection of NHRC and not those behalf of Manushi Nagarik Adhikar and newer ways of robbing the state caught red handed accepting cash Manch, request you to admit our exchequer, our rulers have not had and sex bribes to facilitate dubious intervention petition in the case filed time to learn and practice the art of Defence deals. with the NHRC by Shakti Vahini good governance, nor cared to The main purpose of the sting against the Tehelka team. I also develop the required expertise for operation undertaken by Tehelka appeal to the NHRC to intervene to taking complex decisions for was to lay bare before the nation protect the constitutional and human efficiently administering the security concrete evidence of how senior army rights of Shankar Sharma and his wife and economy of such a vast officials and politicians in-charge of Devina Mehra whose right to life, country. defence purchases are jeopardising right to livelihood and to fair trial are The Tehelka revelation has national security by allowing cash, being systematically violated by shaken the confidence of our people kind and sex bribes to determine key unscrupulous government agencies because never before have we decisions regarding purchase of acting at the behest of vindictive witnessed in such graphic detail and weapons and equipment required by politicians. 

No.128 33