Dear friends,
The Asian Human Rights Commission (AHRC) has received information from MASUM concerning the torture of 40-year-old Krishna Mondal on 1 January 2012 in yet another case of Border Security Forces (BSF) brutality in West Bengal, India. Torture, extrajudicial killings, religious discrimination and a culture of impunity are features of everyday life for Indian people living near the country’s borders. Such acts violate a human being’s inherent and fundamental right to life, liberty and security of person. Such acts are oppressive, patently unjust and contemptible.
We urge you to write in to appeal to the relevant authorities to take actions against the BSF personnel responsible for these crimes against humanity. In so doing, we express a hope that, despite the threatening fault lines along the face of India’s law enforcement and judiciary, India may yet undertake serious social and institutional reforms that will remove the vestiges of lawlessness in the land and bring her people a lasting peace.
CASE NARRATIVE:
An inquiry undertaken by MASUM reveals the following facts:
Around 7am on 1 January 2012, Mr Krishna Mondal had been working his farmland when four BSF jawans from BSF Out-Post No. 9 under Harudanga BSF Camp came. The BSF jawans detained him and tied his hands behind his back with a rope without providing a reason for the arrest. They then assaulted the victim with the butts of their rifles, whereupon he fell to the ground. The BSF jawans continued to attack him by kicking him with boot-clad feet. The perpetrators even reportedly removed his clothes and continued to beat him with a slip of bamboo embedded with nails. All the while, the BSF personnel verbally abused the victim.
As a result of the brutal attack, Krishna sustained severe injuries and bled from numerous wounds all over his body. After the BSF personnel left, leaving Krishna almost unconscious, he was carried from the place by the witnesses comprising his brothers, Mr Jairam Mondal, Mr Arjun Mondal, Mr Sanatan Mondal, and their neighbour, Mr Bijoy Mondal. Krishna was immediately treated by a local doctor, Mr Siraj Sk.
The BSF jawans returned and threatened to kill Krishna if he attempted to lodge a complaint at the local police station, but Krishna’s neighbours encouraged him to seek legal recourse. The victim’s wife, Ms Anita Mondal, sent a written complaint to the Superintendent of Police, Murshidabad, by courier, explaining the entire incident and requesting that appropriate legal action is taken against the perpetrator BSF jawans. To this day, the police and others in the district/state administration have no taken action against the perpetrators.
Krishna is still in poor physical condition and unable to resume work. He is unable to arrange for proper medical treatment due to his poor financial condition. He was medically treated at MASUM’s monthly medical camp VIC-TREE. The statement of the victim can be accessed here.
The above case highlights several systemic failures in the administration of Murshidabad in West Bengal:
1. The lack of transparency and accountability in the operation of the BSF, which breeds impunity and disregard for the law;
2. The pervasive, and oftentimes senseless, use of violence by authorities against individuals within their jurisdiction;
3. The lack of enforcement and/or poor communication by India’s central government of basic protocol amongst paramilitary forces such as the BSF;
4. The lack of complete responsiveness of police to aggrieved locals either due to fear of or collusion with the BSF, or an execrable apathy to the plight of the victim and his family
Krishna is lucky to be alive. Other victims of physical abuse by the BSF have not been so fortunate (refer AHRC-UAC-088-2012). Without state intervention or international pressure, the people of India face, for the foreseeable future, continued abuse of their freedoms and physical persons with no likelihood for justice to be served to those acting with complete impunity.
ADDITIONAL INFORMATION:
Krishna has, as a human being, a right to life, liberty and personal security (1948 Universal Declaration of Human Rights (UDHR) and 1966 International Covenant on Civil and Political Rights (ICCPR), Article 6 (1), 7, 9 and 10). He had a right against torture and other cruel, inhuman or degrading treatment (Article 5 of the UDHR and Article 7 of the ICCPR). The BSF jawans who assaulted him did not treat them as born free and equal to themselves in dignity and rights and as being endowed with reason and conscience (UDHR Article 1). They did not act towards him in a spirit of brotherhood.
The Border Security Act, 1968 and its Rules 1969, is supposed to regulate the conduct of the BSF. Section 41 (f) of the Act mandates that a BSF officer who commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving to be punished with seven years of imprisonment. The Indian Penal Code of 1860 also provides punishment for voluntarily causing hurt or injuries to a person. Section 326 of the Code prescribes punishment by way of imprisonment for a term of ten years to a person who voluntarily causes hurt by dangerous weapons or means. In addition, Article 21 of the Constitution guarantees protection of life and personal liberty of every citizen. There is, however, an obvious lack of discipline and commitment to duty, as well as a culture of violence and impunity, within the BSF. This case once again illustrates how the BSF operates, and is permitted to operate, with impunity and in utter defiance of these three legal documents.
The AHRC has documented substantial number of BSF atrocities in India over the years. AHRC and MASUM have reported in detail over 800 cases of custodial violence committed by the BSF over the past eight years and have called for action on the part of the Indian authorities. The AHRC has noted the absolute impunity with which the BSF acts, a fact evidenced by the lack of disciplinary action taken against their criminal offences by the relevant BSF superiors and police personnel. Critically, many of these cases reveal a troubling unresponsiveness, and sometimes complicity, in parts of the legal system to patent injustices committed against individuals by the BSF. Not only is the legitimacy and integrity of the Indian justice system threatened, but so is its border and national security.
SUGGESTED ACTION:
Please write to the authorities mentioned below demanding an investigation into this case. Mr Krishna Mondal’s torture by BSF jawans must be inquired into. The police at Raninagar Police Station should also be investigated for neglecting their duty to pursue the matter. They should also undergo training that would permit them to better assert their authority over rogue BSF. The victim’s family members and the rest of the traumatised community, particularly witnesses to the incident, must be provided adequate protection against reprisals by challenged BSFs. The community must also be assured that such senseless acts of violence and impunity will not occur again in the future, or, if they do, that they will be capably met by proper checks and balances within the justice system.
The AHRC is also writing separate letters to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for further intervention in this case.
To support this appeal, please click here:
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Please investigate the torture of Mr Krishna Mondal by BSF jawans under the Harudanga Camp of the 91st Battalion of the BSF under the jurisdiction of Raninagar Police Station in Murshidabad, West Bengal
Name of victim: Mr Krishna Mondal, 40 years old, son of late Shyamapada Mondal, of the Hindu faith, farmer residing in Char Sahebnagar under the jurisdiction of Raninagar Police Station, Murshidabad, West Bengal.
Alleged perpetrators: Four BSF personnel attached to Out-Post No. 9 under Harudanga BSF Camp, 91st Battalion of BSF under Raninagar Police Station, Murshidabad, West Bengal.
Date of incident: 1 January 2012 around 7am
Place of incident: Inside the victim's farmlands around 3 kilometres from his house, plot no. 1288, khatian no. 319, J. L. No. 87, Banshgara Mouza, Raninagar Police Station, Murshidabad.
I am writing to express concern regarding yet another case of torture by BSF personnel attached to Harudanga Camp of 91st Battalion of the BSF around 7am on 1 January 2012. The details of the case are as follows:
Around 7am on 1 January 2012, Mr Krishna Mondal had been working his farmland when four BSF jawans from BSF Out-Post No. 9 under Harudanga BSF Camp came. The BSF jawans detained him and tied his hands behind his back with a rope without providing a reason for the arrest. They then assaulted the victim with the butts of their rifles, whereupon he fell to the ground. The BSF jawans continued to attack him by kicking him with boot-clad feet. The perpetrators even reportedly removed his clothes and continued to beat him with a slip of bamboo embedded with nails. All the while, the BSF personnel verbally abused the victim.
As a result of the brutal attack, Krishna sustained severe injuries and bled from numerous wounds all over his body. After the BSF personnel left, leaving Krishna almost unconscious, he was carried from the place by the witnesses comprising his brothers, Mr Jairam Mondal, Mr Arjun Mondal, Mr Sanatan Mondal, and their neighbour, Mr Bijoy Mondal. Krishna was immediately treated by a local doctor, Mr Siraj Sk.
The BSF jawans returned and threatened to kill Krishna if he attempted to lodge a complaint at the local police station, but Krishna's neighbours encouraged him to seek legal recourse. The victim's wife, Ms Anita Mondal, sent a written complaint to the Superintendent of Police, Murshidabad, by courier, explaining the entire incident and requesting that appropriate legal action is taken against the perpetrator BSF jawans. To this day, the police and others in the district/state administration have no taken action against the perpetrators.
Krishna is still in poor physical condition and unable to resume work. He is unable to arrange for proper medical treatment due to his poor financial condition. He was medically treated at MASUM's monthly medical camp VIC-TREE. The statement of the victim can be accessed here:
http://www.youtube.com/watch?v=9lvgGfS_OZc&feature=youtu.be.
The above case highlights several systemic failures in the administration of Murshidabad in West Bengal:
1. The lack of transparency and accountability in the operation of the BSF, which breeds impunity and disregard for the law;
2. The pervasive, and oftentimes senseless, use of violence by provincial authorities against individuals within their jurisdiction;
3. The lack of enforcement and/or poor communication by India's central government of basic protocol amongst paramilitary forces such as the BSF;
4. The lack of complete responsiveness of police to aggrieved locals either due to fear of or collusion with the BSF, or an execrable apathy to the plight of the victim and his family
Krishna is lucky to be alive. Other victims of physical abuse by the BSF have not been so fortunate (refer AHRC-UAC-088-2012 online at humanrights.asia/). Without state intervention or international pressure, the people of India face, for the foreseeable future, continued abuse of their freedoms and physical persons with no likelihood for justice to be served to those acting with complete impunity.
Krishna has, as a human being, a right to life, liberty and personal security (1948 Universal Declaration of Human Rights (UDHR) and 1966 International Covenant on Civil and Political Rights (ICCPR), Article 6 (1), 7, 9 and 10). He had a right against torture and other cruel, inhuman or degrading treatment (Article 5 of the UDHR and Article 7 of the ICCPR). The BSF jawans who assaulted him did not treat them as born free and equal to themselves in dignity and rights and as being endowed with reason and conscience (UDHR Article 1). They did not act towards him in a spirit of brotherhood.
The Border Security Act, 1968 and its Rules 1969, is supposed to regulate the conduct of the BSF. Section 41 (f) of the Act mandates that a BSF officer who commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving to be punished with seven years of imprisonment. The Indian Penal Code of 1860 also provides punishment for voluntarily causing hurt or injuries to a person. Section 326 of the Code prescribes punishment by way of imprisonment for a term of ten years to a person who voluntarily causes hurt by dangerous weapons or means. In addition, Article 21 of the Constitution guarantees protection of life and personal liberty of every citizen. There is, however, an obvious lack of discipline and commitment to duty, as well as a culture of violence and impunity, within the BSF. This case once again illustrates how the BSF operates, and is permitted to operate, with impunity and in utter defiance of these three legal documents.
The AHRC has documented substantial number of BSF atrocities in India over the years. AHRC and MASUM have reported in detail over 800 cases of custodial violence committed by the BSF over the past eight years and have called for action on the part of the Indian authorities. The AHRC has noted the absolute impunity with which the BSF acts, a fact evidenced by the lack of disciplinary action taken against their criminal offences by the relevant BSF superiors and police personnel. Critically, many of these cases reveal a troubling unresponsiveness, and sometimes complicity, in parts of the legal system to patent injustices committed against individuals by the BSF. Not only is the legitimacy and integrity of the Indian justice system threatened, but so is its border and national security.
As such, I demand that:
1. Raninagar Police Station immediately acknowledges receipt of Mr Krishna Mondal's statement;
2. The case of Babu's murder and torture is investigated by an independent agency appointed by the central government at the earliest possible moment;
3. The case of Babu's murder and torture is simultaneously investigated by another neutral commission to be established by the National Human Rights Commission, also at the earliest possible moment;
4. The BSF is immediately booked and criminally prosecuted by the registration of a First Information Report (FIR) against them on the basis of Anita Mondal's complaint to the Superintendent of Police, Murshidabad;
5. Action is initiated against the Superintendent of Police of Murshidabad for not taking any action on the complaint lodged by the victim’s wife, Anita Mondal, against the perpetrator BSF jawans;
6. Strong punitive action is taken against the BSF personnel found responsible;
7. Krishna Mondal is to be compensated for the physical and psychological injury suffered at the hands of the BSF jawans, for medical treatment and to live on while Krishna's physical conditions continues to prevent him from returning to work his farmland;
8. Adequate and pre-emptive protection is provided for Krishna, his family members and other witnesses of this incident, who may be subject to retaliatory attacks by armed BSF personnel;
9. The central government formulate concrete plans to introduce urgently needed reforms and discipline amongst its paramilitary forces, particularly the BSF, which has already been implicated in countless cases of violence against citizens of India;
10. The central government introduce more checks and balances within the policing system by according the police powers that are actually (not theoretically) equal to or greater than the BSF, which is by definition a paramilitary force with a specific mandate to regulate borders only
Yours sincerely,
---------------------------
PLEASE SEND YOUR LETTERS TO:
1. Director General BSF
Block 10, CGO Complex
Lodhi Road, New Delhi -03
INDIA
Fax: +91 11 24360016
E-mail: probsf@yahoo.com, bsfhq@bsf.nic.in, bsf_hq@hub.nic.in, bsf_hq@bsf.delhi.nic.in
2. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: dgp_westbengal@gmail.com
3. Chief Secretary
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 2214 4328
Email: chiefsec@wb.gov.in
4. Additional Chief Secretary (Home)
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Email: sechome@wb.gov.in
5. Ms. Mamata Banerjee
Chief Minister
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: cm_wb@nic.in
6. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: + 91 11 2338 4863
E-mail: chairnhrc@nic.in
7. Superintendent of Police
Murshidabad
BMP Police Office
Berhampore 742101, Murshidabad District
West Bengal State
INDIA
Thank you
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
