Dear Friends,
The AHRC has received the following information from its partner organization MASUM in West Bengal. A woman, about 40 years of age, was allegedly assaulted and tortured by Border Security Force (BSF) personnel while she was on her way to the Bithari market to sell vegetables.
CASE NARRATIVE:
On 20.01.2016 at about 10 a.m., the victim, Sahar Banu gathered 280 kilograms of green onions in a paddle van and set off to sell them at the Bithari Market, which is 7 kilometres away from their village. She was accompanied by her son. When they reached the Bithari Border Out Post, Mr. Sunil Kumar, The Assistant Commandant (AC) of BSF, the Satellite Operator and some other B.S.F personnel of Bithari Outpost of Battalion No 76, blocked their way for no valid reason. The AC informed the woman that the road was meant for the movement of BSF only. Her green onions will be seized. In turn, the victim told the BSF that if the produce does not reach the market in time, it would rot and could not be sold, leading to a serious financial loss for her and her family.
The BSF personnel refused to budge and started shoving and pushing Sahar Banu, subjecting her to very bad verbal abuse. They slapped her face and hit her hip with a wooden stick. They shoved her so hard that she fell down. Finally, BSF personnel seized the paddle van and evicted Ms. Sahar Banu Sardar and her son out of their camp.
On the same day, seriously injured, the victim went to the Sarapul Rural Hospital for medical treatment. She lodged a written complaint at the Swarupnagar Police Station against B.S.F. personnel. The police registered an FIR (vide Swarupnagar PS Case No 43/16 dated 20.01.16) under Sections 341,323 and 506 read with S.34 of the Indian Penal Code (IPC).
Until today, the police have not taken any action against the alleged perpetrators who are B.S.F. officials. This incident was witnessed by two people – Siddique Sardar and Habibar Mandal, both residents of the village- Padmabila, Bithari.
ADDITIONAL INFORMATION:
In a case of attempted rape of a woman and the killing of her father by BSF personnel in South Tripura in 2010, the NHRC, in 2013, ordered compensation of Rs.8 lakh to be paid by the Union Home Ministry to the family. The BSF, through the Staff Court of Inquiry, absolved the rogue officers of any criminal offences. It was noted by the NHRC that the BSF’s court of inquiry was more concerned with protecting their colleagues than upholding the law.
In the present case, almost 7 months later, we see no action taken by the Police against the alleged perpetrators. Police are reneging on their duty of care to the people. As usual, the biggest losers are the poor and the vulnerable as there is no one to protect them. The NHRC, the authorities at the Centre and the State must issue notice and order action against the alleged perpetrators. Adequate compensation in a timely manner must be paid to the victim and her family
SUGGESTED ACTION:
Please write letters to the following authorities calling on them to take the necessary action against the alleged perpetrators and ensure the safety and security of families living in border areas.
The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for its intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
INDIA: Innocent woman on her way to sell vegetables allegedly assaulted and tortured by Border Security Force Personnel in West Bengal
Name of the victim:- Ms. Sahar Banu Sardar, w/o Mr. Kuddus Sardar, age 40 years
Name of the alleged perpetrators:- Mr. Sunil Kumar, Assistant Commandant, B.S.F. Battalion No- 76 Bithari Border Out Post, Satellite Operator of the said Border Out Post and some other officers of B.S.F.
Place of incident:- Near the B.S.F. Battalion No- 76 at Bithari Border Out Post, West Bengal
I am writing to you to voice my deep concern about the alleged assault and torture of a woman near Bithari in West Bengal, by Border Security Force Personnel.
On 20.01.2016 at about 10 a.m., the victim, Sahar Banu gathered 280 kilograms of green onions in a paddle van and set off to sell them at the Bithari Market, 7 kilometres away. She was accompanied by her son. When they reached the Bithari Border Out Post, Mr. Sunil Kumar, The Assistant Commandant(AC) of BSF, the Satellite Operator and some other B.S.F personnel of Bithari Outpost of Battalion No 76, blocked their way without any valid reason. She was informed by the AC that this road is meant for the movement of BSF only. They then seized her green onions. In turn, the victim told the BSF that if the produce does not reach the market in time, it would rot and could not be sold, leading to a serious financial loss for her and her family.
The BSF personnel refused to budge and started shoving and pushing Sahar Banu, subjecting her to some very bad verbal abuse. They slapped her face, hit her hip with a wooden stick, shoving her so hard that she fell down. Finally, the BSF personnel seized the paddle van and manhandled Ms. Sahar Banu Sardar and her son out of the camp.
On the same day, seriously injured, the victim went to the Sarapul Rural Hospital for medical treatment. She lodged a written complaint at the Swarupnagar Police Station against the afore-mentioned B.S.F. personnel. The police registered an FIR (vide Swarupnagar PS Case No 43/16 dated 20.01.16) under Sections 341,323 and 506 read with S.34 of the Indian Penal Code (IPC).
Until today, the police have not taken action against the alleged perpetrators who are B.S.F. officials. The incident was witnessed by two people – Siddique Sardar and Habibar Mandal, both residents of the village- Padmabila, Bithari.
In the case of the attempted rape of a woman and the killing of her father by BSF personnel in South Tripura in 2010, the NHRC, in 2013, ordered compensation of Rs.8 lakh to be paid by the Union Home Ministry to the family. The BSF, through the Staff Court of Inquiry, absolved the rogue officers of any criminal offences. It was noted by the NHRC that the BSF’s court of inquiry was more concerned with protecting their colleagues than upholding the law.
In the present case, almost 7 months later, no action has been taken by the Police against the alleged perpetrators. Police are reneging on their duty of care to the people. As usual, the biggest losers are the poor and the vulnerable, as there is no one to protect them. The NHRC and the authorities at the Centre and the State must issue notice and order action against the alleged perpetrators in this case. Adequate and timely compensation should be paid to the victim and her family.
Therefore, I hereby request you to:
• Order the Police to undertake a thorough investigation in this case and arrest the alleged perpetrators
• Immediately suspend the officers who have committed the alleged torture pending enquiry;
• Instruct the Ministry of Home Affairs to pay interim compensation to the victim for the physical and mental trauma undergone due to the torture
I look forward to your prompt action in this matter.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Justice H.L.Dattu, Chairperson
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, G.P.O. Complex, INA
New Delhi-110023
Email: cr.nhrc@nic.in
2. Shri Rajnath Singh
Minister of Home Affairs
Room no 104, North Block, Central Secretariat
New Delhi – 110001
INDIA
Tel: +9111 23092462
Fax: +9111 23094221
Email: jscpg-mha@nic.in
3. K K Sharma
Director General
Border Security Force (BSF)
HQr DG BSF, Block No. 10
CGO Complex, Lodhi Road,
New Delhi-110003
Tel: 011-24364851
Email: edpdte@bsf.nic.in
4. Shri. Ramesh Prasad Singh
Spl. DG East
BSF
HQ SPL DG (EC)
20/1,Gurusaday Road,
Kolkata – 700019
Tel: 033 22877191, 033 22874283
Email: hqspldgeast@bsf.nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
