Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Manabadhikar Suraksha Mancha (Masum) that the family of Mr. Majim Sardar, a victim of illegal detention and custodial torture, is on the brink of starvation. Mr. Sardar is a tribal man from district of Murshidabad in West Bengal. The victim has already lost their fourteen year old daughter who died of hunger and related ailments on 7 July 2012. It is reported that the victim was repeatedly tortured and kept and illegally detained by the constables of Border Security Force. He was also denied medical treatment for the injuries inflicted on him by the BSF personnel. AHRC has also learnt that the local police have initiated a criminal case against him while not taking any action against his complaint against the BSF personnel.
We call on you to write an appeal to the authorities responsible for holding the BSF accountable for their illegal and brutal conduct. With your help in drawing attention to Majim Sardar’s case, we are bringing pressure to bear on Indian authorities to undertake the social and institutional reforms so desperately needed in these regions.
CASE NARRATIVE:
The fact-finding team of MASUM found out that the victim was picked up from Kaharpara Iron Bridge while he was on his way back home from the local market in the evening of 23rd July 2012. The BSF jawans who captured him cited no reasons for that and started brutally assaulting him using wooden sticks and rifle butts immediately. The assault continued for a while as the jawans gave a deaf ear to his continued pleas of mercy. He was then pushed down on the road and the perpetrators kicked him in chest and back knocking him almost unconscious.
Figuring out his condition, the jawans rushed him to Raninagar Police station for handing his custody over to the civilian police. However, the officer in charge of the Police Station refused to take the victim into his custody and instead asked the BSF jawans to provide the victim with medical treatment. Instead of getting him treated, the BSF jawans, however, took him to Kaharpara BSF Camp, and detained him in ailing condition.
BSF brought the victim back to the Raninagar Police Station on 26 June 2012 and lodged a complaint against him. On the basis of that complaint, the police lodged a First Information Report (FIR) against the victim under vide Raninagar Police Station Case no. 350/2012 dated 25.6.2012 under section 188 of Indian Penal Code (Disobedience to an order lawfully promulgated by a public servant). The police then took the victim to Godhanpara Primary Health Centre and after routine medical checkup; he was produced in the Labagh Court in connection with the aforesaid criminal case on the same day. He was later released on bail by the concerned judicial magistrate. On 4 July 2012, the victim too had lodged a complaint with the office of Superintendent of Police, Murshidabad against the BSF jawans for initiating legal action against them. However, he is yet to get any reply, forget relief.
The victim has yet not fully recovered from his injuries and is undergoing medical treatment the cost of which has deteriorated his already bad economic situation. Despite repeated attempts, his name was not approved in the Below Poverty Line (BPL) list and he was never provided with a job under the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA). Because of the burden of meeting medical costs, his family slipped into starvation that resulted in the death of his daughter Dipa, aged 14 years, due to hunger and related ailments on 7 July, 2012.
SUGGESTED ACTION:
Please write to the authorities mentioned below demanding an investigation into Majim Sardar case. Police officers who refused to act on his complaint should also be prosecuted for being derelict in their duty to formally register her complaint. The government officials responsible for eradicating hunger should also be held responsible for the death of the teenage daughter of Mr. Sardar.
The AHRC is also writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for an intervention in the case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: BSF torturing of a man pushes his family into starvation and leads to death of his daughter
Name of the victim: Mr. Majim Sardar, son of late Rajen Sardar, aged about 46 years, of Char Sahebnagar village, Borderpara Post, Raninagar Police Station Murshidabad district, West Bengal, India. He belongs to the Oraon community that is a Scheduled Tribe.
Name of the perpetrators:
1. Border Security Force officers reportedly stationed at border outpost No 1 under Kaharpara BSF Camp, Battalion number 92;
Date and time of the incident: The chain of events started in the evening of 23.6.2012 is continuing thereafter.
Place of incident: Within the jurisdiction of Kaharpara BSF Camp.
I am writing to express concern regarding yet another case of torture, illegal detention and assault reported from West Bengal involving the Border Security Force (BSF). I am concerned by the pattern of violence, reported regularly from the Indo-Bangladesh border involving the BSF. The case assumes far greater significance as BSF's actions have resulted in pushing the victim's family to the brink of starvation leading to untimely death of his daughter due to hunger and related ailments.
The facts of the case reported to me are as follows:
The fact-finding team of MASUM found out that the victim was picked up from Kaharpara Iron Bridge while he was on his way back home from the local market in the evening of 23rd July 2012. The BSF jawans who captured him cited no reasons for that and started brutally assaulting him using wooden sticks and rifle butts immediately. The assault continued for a while while the jawans gave a deaf ear to his continued pleas of mercy. He was then pushed down on the road and the perpetrators kicked him in chest and back knocking him almost unconscious.
Figuring out his condition, the jawans rushed him to Raninagar Police station for handing his custody over to the civilian police. However, the on-duty incharge of the Police Station refused to take the victim into his custody and instead asked the BSF jawans to provide the victim with medical treatment. Instead of getting him treated, the BSF jawans, however, took him to Kaharpara BSF Camp and detained him in ailing condition.
BSF brought the victim back to the Raninagar Police Station on 26 June 2012 and lodged a complaint against him. On the basis of that complaint, the police lodged a First Information Report (FIR) against the victim under vide Raninagar Police Station Case no. 350/2012 dated 25.6.2012 under section 188 of Indian Penal Code (Disobedience to an order lawfully promulgated by a public servant). The police, then took the victim to Godhanpara Primary Health Centre and after routine medical checkup he was produced in the Labagh Court in connection with the aforesaid criminal case on the same day. He was later released on bail by the concerned judicial magistrate. On 4 July, 2012, the victim too had lodged a complaint with the office of Superintendent of Police, Murshidabad against the BSF jawans for initiating legal action against them. However, he is yet to get any reply, forget relief.
The victim has yet not fully recovered from his injuries and is undergoing medical treatment the cost of which has deteriorated his already bad economic situation. Despite repeated attempts, his name was not approved in the Below Poverty Line (BPL) list and he was never provided with a job under the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA). As a result of the burden of meeting medical costs, his family slipped into starvation that resulted in the death of his daughter Dipa, aged 14 years, due to hunger and related ailments on 7 July, 2012.
I therefore urge you:
That an independent panel impartially and speedily investigates into this case of torture, ill treatment and cruelty against the victim and the guilty are brought to justice;
That a case is registered against the alleged perpetrators and the victim’s complaint in the office of the Superintendent of Police Murshidabad is investigated into;
That the victim and witnesses are provided with adequate protection as the alleged perpetrators belong to the BSF;
That the death of his 14 year old daughter due to hunger is immediately investigated into and case against those responsible for eradicating starvation should be initiated;
That the victim’s plea for BPL status must be urgently acted upon, and that the victim is provided with a job card;
That the victim is adequately compensated with for the mental and physical losses suffered by him and his family.
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. Ms. Mamata Banerjee
Chief Minister
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: cm_wb@nic.in
4. Chief Secretary
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 2214 4328
Email: chiefsec@wb.gov.in
5. Additional Chief Secretary (Home)
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Email: sechome@wb.gov.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
Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)
