INDIA: A foreigner allegedly raped by the Border Security Force in West Bengal

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, human rights organisation based in West Bengal regarding the alleged case of rape of a Bangladeshi woman by the Border Security Force (BSF) stationed at the Indo-Bangladesh border. It is alleged that the woman who was taken into custody by the BSF along with another woman while they were attempting to sneak into India from Bangladesh were taken into the border outpost of the BSF and raped by the BSF officer. It is also alleged that inspite of the incident being discovered by the superior officers of the BSF, as the act of rape was being committed is hushed up by the BSF with the help of the local police.

CASE DETAILS:

According to the information received, on June 7, 2007 Ms. Champa Khatun and Ms. Asha Begum were trying to illegally cross the Indo-Bangladesh border at about 6.45pm from Bangladesh to India. They were trying to cross the border near the Kaharpara I & II Outpost at Kargil Point. This place is within the jurisdiction of Raninagar Police Station in Murshidabad district of West Bengal state. Champa and Asha are Bangladeshi citizens and while they were crossing the border without proper documents.

In the attempt they were intercepted by the officers from the BSF stationed at Kaharpara I & II Outpost. This outpost is manned by officers from the ‘G’ Company attached to the 90 Battalion of the BSF. Champa and Asha were detained temporarily by the BSF at the outpost. After a while it is alleged that Champa went out from the outpost for changing her wet cloths and Asha was alone in the outpost. It is alleged that at this time an officer grabbed Asha by her hand, dragged her out from the outpost and raped her in front of yet another officer who was also present there.

Asha cried out and at that time a team of BSF officers from the Intelligence Branch of the BSF happened to come there. An officer of the intelligence wing who came to the spot directed Asha to be medically examined and also instructed for a compliant to be lodged at the Raninagar Police Station. Asha was taken to the Bondhonpara Primary Health Centre at Raninagar at about 2.20am. However Asha was not examined at the medical centre. From the medical centre Asha was taken to the Raninagar Police Station. But the police refused to take her into custody. The BSF returned to their camp along with Asha where she was detained with Champa.

The next day morning the BSF went to Raninagar Police Station with Asha at about 10am. By this time the news got out and a crowd gathered in front of the police station. There were also members of the media present at the police station. However the area was cordoned by the BSF and the BSF prevented the public from entering the station premises or meeting the victim.

At about 2pm Mr. Mohan Banshi Haldar, the Sub Divisional Police Officer from Domkol arrived at the police station. At about 3pm he sent Asha to the Beharampur District Hospital by a police vehicle for medical examination. In the meanwhile Asha had complained to the police about the incident, but the police refused to register a case against the BSF officer who raped her. The accused officer was not sent for medical examination.

At the Beharampur District Hopsital, Asha was asked to wait outside while the police officers were talking with the doctor inside. After about 30 minutes Asha was called inside and the doctor Mr. Kanjilal examined her. After the examination, the doctor declared that Asha was not raped. It is alleged that Dr. Kanjilal is in good terms with the local police.

Later Asha and Champa were sent to the Additional Chief Judicial Magistrate, Lalbagh on June 9, 2006. This was because by then the Raninagar police had registered a case against them as case number 109 under the relevant provisions of the Foreigners Act, 1946. The court ordered Asha and Champa to be detained in judicial custody. It is alleged that the officers at the Lalbagh Prison refused permission to anyone who tried to contact the victim. Mr. Singh, the officer at the prison, when contacted by MASUM informed MASUM that Asha had informed him about the rape.

Asha was produced at the court on June 21, 2007. Mr. Gouri Sankar Biswas, an advocate appeared for Asha in court. The victim through the lawyer filed an application in the court regarding the entire incident. The lawyer requested the court to issue an order for fresh medical examination of the victim. The case has been adjourned by the court to be taken up on July 4, 2007 and in the meanwhile the Raninagar police is also asked to file a report in the court.

The AHRC is concerned about the manner in which this case was dealt with by the local police. From the facts of the case, it is evident that the local police is trying to cleanup the matter so as to protect the BSF officers from any possible prosecution. In an alleged case of rape, irrespective of the nationality of the victim, the local police on receipt of a complaint by the victim have to register a case of rape. For this the police will have to takedown the statement of the victim and immediately send the victim for medical examination. This procedure was not observed by the local police.

Additionally, the conduct of the medical doctor opining that Asha was not raped soon after a medical examination is also suspicious. An opinion regarding rape is a matter of scientific investigation, for which in addition to a physical examination the minimum requirement is to gather vaginal smears from the victim and to send it for forensic examination. Even in cases where the smear is prepared after a considerable extent of time after the alleged incident, a scientific examination could prove whether there has been a sexual intercourse or not by the alleged accused as claimed by the victim. The local police appear to have consciously avoided this procedure also.

In these circumstances the AHRC calls for your urgent intervention into this case so that the case is thoroughly investigated and the accused is charged with the offence that he has allegedly committed. The conduct of the police officers at the Raninagar Police Station and the medical doctor responsible for not properly examining the victim must also be investigated.

SUGGESTED ACTION:
Please send a letters to the relevant authorities listed below calling for an immediate investigation into this case.

To support this case, please click here: SEND APPEAL LETTER