INDIA: Border Security Force (BSF) allegedly sexually harassed woman in West Bengal

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a local human rights organisation in West Bengal, India, regarding the case of sexual harassment allegedly committed by two constables of the BSF. It is reported that on 11 February 2008 two officers stationed at Chor Moirosi Border Security Force Camp approached Ms. Renuka Mondal seeking sexual favours, which Renuka refused. On refusal, the officers allegedly assaulted Renuka and tried to rape her in public.

CASE DETAILS:

Ms. Renuka Mondal, is a widow. Renuka is aged 40 years and resides at Chor Rajapur Paschim colony village in Murshidabad district of West Bengal state. On February 10, Renuka was working in her field close to the border pillar number 162, which is along the Indo-Bangladesh border. This place is within the jurisdiction of Raninagar Police Station. Between 1pm and 3pm on that day when Renuka was engaged in her work, two constables from the BSF approached her and offered her money demanding sexual services.

When Renuka refused, the officers started abusing and assaulting her. They also tried removing her dress in public and to rape her. Renuka shouted for help. Hearing Renuka’s cry for help Ms Belu Rani who was working in a nearby field approached Renuka and the officers. Being afraid of the BSF officers Belu ran away from the place, but soon returned with the local villagers.

When the constables saw that villagers approaching, they fled from the scene leaving Renuka alone. Renuka and the villagers decided to file a complaint against the officers. They proceeded to the BSF camp. On their way, they met the Officer in Charge (OIC) of the Chor Moirosi BSF Camp. The officers who assaulted and molested Renuka are also stationed at this camp. The OIC listened to Renuka and the villagers and asked them to come to the camp. The OIC also summoned his subordinate officers who were accused in the incident. As the villagers were once again explaining what had happened to Renuka, the accused officers tried to assault Renuka and Belu, shouting at them to shut up. Being scared, the villagers along with Renuka and Belu soon left the camp.

On February 11, Renuka went to the Raninagar Police Station to lodge a complaint. The officers at the police station recorded Renuka’s complaint and made a General Diary entry bearing number 469. It is reported that even though the complaint reveals a crime the police has thus far refused to register the complaint as a First Information Report (FIR) and to carry out any further investigation.

ADDITIONAL COMMENTS:

This case shows how often and with impunity the BSF officers harass the ordinary people. The Asian Human Rights Commission (AHRC) is of the view that the reason for such behaviour is not personality deformities of the officers alone, but also the arrogance the BSF officers that have developed from the impunity they enjoy in the locality ever since their deployment. The BSF is deployed along the Indo-Bangladesh border since the past several decades.

The BSF is the paramilitary unit and have virtually absolute control in the border areas. They are notorious for serious human rights abuses such as extra-judicial killings and torture, human trafficking, rape and are also engaged in cross-border smuggling and corruption. The villagers residing near the Indo-Bangladesh border are exposed to daily harassment or maltreatment by BSF personnel.
Whenever there has been a complaint against the BSF officers the local police in West Bengal never took adequate action. This attitude of neglect is not however limited to Raninagar police. The AHRC has in the past reported cases which show that the local police entertaining jurisdiction along the Indo-Bangladesh border have been consistently avoiding to take any action against the BSF officers whenever a crime was reported against a BSF officer at the police station. The AHRC has reported cases in the past alleging similar neglect from Jalangi Police Station, which is also within Murshidabad district.

This factor has been repeatedly brought to the notice of the West Bengal State Government as well as the responsible offices at the Central Government in New Delhi. Several times the UN mandate holders like the Rapporteur on Torture has written to the Government of India expressing concern about such cases and requesting follow-up actions by the government. But there has been no action thus far in such cases. Instead the local police have been targeting the local human rights groups to intimidate them to silence so that they would not report cases any further to international agencies. This has in the long run has isolated the local populace from their police as well as from the BSF. The BSF is stationed along the Indo-Bangladesh border to provide assistance to local policing and also to safeguard the local people living along the Indo-Bangladesh border and to secure the border from any infiltration.

Additionally, the BSF being a statutory organisation, the conduct of the BSF officers are regulated by the Border Security Force Act, 1968 (BSF Act, 1968) and the related Border Security Force Rules, 1969 (BSF Rules, 1969). Under Sections 24 (a), 40 and 41 (f) of the Act, the conduct of the BSF officers as regards to the facts of this case is punishable. Under Rule 73 of the Border Security Rules, 1969 the offense is triable by a Petty Security Force Court. However, the proceedings in these courts are not transparent and the civilians have very limited role in the court’s proceedings. Additionally, Rules 73 and 32 read with Sections 2 (q), 42 and 46 of the Act expressly ousts the jurisdiction of a civil court to arrest and prosecute a BSF officer for any offense. Section 47 of the Act, exclusively limits the jurisdiction of the civilian court and only permits the civilian court to try offenses committed by a BSF officer like murder, culpable homicide not amounting to murder and rape.

But none of this prohibits the local police from registering a complaint or a crime against a BSF officer. Rule 50 of the BSF Rules, 1969 also allows the local police to investigate an offense allegedly committed by a BSF officer, but on a written request by the Commandant of the particular unit the officer is attached to. If a BSF officer arrested, the officer will have will have to be handed over into the custody of the officer’s Commanding Officer. Section 60 of the BSF Act, 1968, also indicates this.

Under Section 80 of the BSF Act, 1968 read with Rule 41 of the BSF Rules, 1969 if a BSF officer has committed an offense which is triable by a Criminal Court and also by a Security Force Court constituted under the BSF Act, 1968 it shall be the discretion of the Director General or the Inspector General or the Deputy Inspector General within whose command the accused person is serving or such other officer as may be prescribed by law, to decide before which court the proceedings shall be instituted. If the superior officer decides that the BSF officer shall be tried by a Security Force Court, the authority having custody of the concerned BSF officer must handover custody of the officer to the Security Force Court.

Additionally, Section 81 provides additional authority to the superior officers of the BSF even to deny handing over custody of an accused BSF officer to a civilian court. In cases of dispute, it is the Central Government of India who has the final say regarding this matter. The only exception to this situation is under Rule 42 of the BSF Rules, 1969 when the offence alleged against a BSF officer is committed by the Officer along with a civilian whose identity is known or when the offense was committed when the officer was on leave or during absence without leave.

Given the facts and circumstances in this case and the existing law in India, the authority that could investigate the crime in this case would be a senior officer of the BSF. The prosecution is possible by constituting a Security Force Court.

The AHRC therefore calls for your support for the victims of this case who were brave to report the crime committed against them by a BSF officer. Your support will not only encourage the victims to keep pursuing their case but also be part of the collective campaign for reduce of crimes committed by the BSF in West Bengal.

For your further information, please find below a few recent cases where the BSF was reportedly involved in criminal acts. These cases were reported by the AHRC.

UA-251-2007: INDIA: A villager mowed down and drowned by the Border Security Force in West Bengal
UA-214-2007: INDIA: A foreigner allegedly raped by the Border Security Force in West Bengal
UA-203-2007: INDIA: Elected representatives abused and assaulted by the Border Security Force
UA-157-2007: INDIA: An ailing man died in the custody of Border Security Force (BSF) due to lack of medical help
UA-073-2007: INDIA: Alleged assault and sexual harassment of a man by the Border Security Force

SUGGESTED ACTION:
Please write letters to the authorities mentioned below expressing concern over the case and demanding an impartial investigation into this case without delay. Actions must be taken against the BSF constables accused of the crime in this case. The AHRC has also written a separate letter to the UN Special Rapporteur on violence against woman, its causes and consequences calling for an intervention in this case.

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