Dear Friends,
The AHRC has received the following information from its partner organisation MASUM in West Bengal. In West Bengal, a Border Security Force (BSF) Guard allegedly sexually assaulted a 12-year-old schoolgirl who was returning home from her classes. Later, the same day, the young girl was found to have committed suicide.
CASE NARRATIVE:
On 7 May 2016, a 12-year-old girl was returning from her village school located in Gossipur, near the Indo-Bangladeshi border. Her school is located close to the Sidai Border Security Forces camp. While the girl was returning home from school, at approximately 11 am, no one was present in the field around her. When it started to rain, she began to hurriedly ride her bicycle home when she approached the Number 7 Checkpoint crossing. At the crossing, she was stopped by the guard, who accused her of being a smuggler and of stealing the bicycle she was riding. Unable to produce any evidence that she owned the bicycle, she agreed to a search of her possessions. During the search, the BSF guard allegedly molested the schoolgirl. Following the incident, her bicycle was seized, and she was threatened to remaining silent about the incident.
The girl’s mother eventually found her by the BSF guard post; the girl explained what had happened to her. When the mother asked the guard why he had assaulted the schoolgirl, an altercation ensued between the guard and the mother. The guard again accused them of stealing, and groped the girl in front of her mother. Eventually, the guard let them go, but kept the bicycle at the check post. There were no female BSF guards in the area.
At 12:30 pm, upon returning home, after narrating the story to her father, the girl disappeared into her room, where she was later found to have hung herself with a scarf. She was taken to the Hilli Health Centre, with her health in a precarious condition, and when her condition worsened, she was referred to the Balurghat District Hospital. At around 11 pm, she was declared dead. On 8 May 2016 at 2.45 pm, a postmortem investigation was conducted.
The same day, the father of the deceased filed a complaint with the Hili Police Station under Sections 341/354/305 of Indian Penal Code, and Section 10 of the Protection of Children from Sexual Offences Act, 2012. It was reported that the police of said police station postponed the investigation. In response to the inaction from authorities, the father faxed a complaint to the Superintendent of Police in South Dinajpur, in which he demanded stringent legal action against the accused BSF guard.
There have been no measures taken to ensure such incidents do not recur, and no actions have been taken to bring the Border Security Forces guard to justice for his alleged actions.
ADDITIONAL INFORMATION:
The actions of the Border Security Force guard, if proven, disregard Articles 19 and 37 of the UN Convention on Rights of the Children; wherein every child has the right to be protected from being hurt or mistreated. The BSF guard violated Articles 2, 5, and 8 of the UN Code of Conduct for Law Enforcement Officials. Articles 7 and 17 of the International Covenant on Civil and Political Rights, and Article 21 of the Constitution of India were also not observed. India has ratified the Convention, Code, and Covenant, making the recent infringement a violation of international law.
SUGGESTED ACTION:
Please contact the relevant authorities, urging them to conduct an urgent investigation and take action against the Border Security Forces guard. The authorities must take precautionary measures, in order to ensure the safety and security of the villagers in border areas, especially the women and children.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Schoolgirl commits suicide following alleged sexual assault by BSF Personnel in West Bengal
Name of the victim: Young 12-yr-old school girl (name withheld)
Name of alleged perpetrators: On-duty BSF guard of Checkpoint 7 at the time of incident, Sidai Border Outpost, of 75 BSF Battalion under Hili Police Station, South Dinajpur, West Bengal
Place of incident: Check point 7 of Sidai Border Outpost under Hili Police Station, South Dinajpur, West Bengal
I am writing to you to voice my deep concern about the response to the suicide of a 12-year-old schoolgirl following her sexual assault, allegedly by Border Security Force personnel.
On 7 May 2016, a 12-year-old girl was returning from her village school located in Gossipur, near the Indo-Bangladeshi border. Her school is located close to the Sidai Border Security Forces camp. While the girl was returning home from school, at approximately 11 am, no one was present in the field around her. When it started to rain, she began to hurriedly ride her bicycle home when she approached the Number 7 Checkpoint crossing. At the crossing, she was stopped by the guard, who accused her of being a smuggler and of stealing the bicycle she was riding. Unable to produce any evidence that she owned the bicycle, she agreed to a search of her possessions. During the search, the BSF guard allegedly molested the schoolgirl. Following the incident, her bicycle was seized, and she was threatened to remaining silent about the incident.
The girl’s mother eventually found her by the BSF guard post; the girl explained what had happened to her. When the mother asked the guard why he had assaulted the schoolgirl, an altercation ensued between the guard and the mother. The guard again accused them of stealing, and groped the girl in front of her mother. Eventually, the guard let them go, but kept the bicycle at the check post. There were no female BSF guards in the area.
At 12:30 pm, upon returning home, after narrating the story to her father, the girl disappeared into her room, where she was later found to have hung herself with a scarf. She was taken to the Hilli Health Centre, with her health in a precarious condition, and when her condition worsened, she was referred to the Balurghat District Hospital. At around 11 pm, she was declared dead. On 8 May 2016 at 2.45 pm, a postmortem investigation was conducted.
The same day, the father of the deceased filed a complaint with the Hili Police Station under sections 341/354/305 of Indian Penal Code, and Section 10 of the Protection of Children from Sexual Offences Act, 2012. It was reported that the police of said police station postponed the investigation. In response to the inaction from authorities, the father faxed a complaint to the Superintendent of Police in South Dinajpur, in which he demanded stringent legal action against the accused BSF guard.
There have been no measures taken to ensure such incidents do not recur, and no actions have been taken to bring the Border Security Forces guard to justice for his alleged actions.
I have learnt that the actions of the Border Security Force guard disregarded Article 19 and 37 of UN Convention on Rights of the Children; wherein every child has the right to be protected from being hurt or mistreated. The BSF personnel violated Articles 2, 5 and 8 of the UN Code of Conduct for Law Enforcement Officials. Articles 7 and 17 of the International Covenant on Civil and Political Rights, and Article 21 of the Constitution of India were also not observed. India has ratified the convention, code, and covenant, making the recent infringement a violation of international law.
Therefore, I urge that:
• The incident must be investigated by the National Human Rights Commission on an urgent basis
• The case must be tried in a normal court of law and should not be transferred to the BSF Court
• Necessary punitive action must be taken against the involved BSF guard
• Adequate compensation must be provided to the deceased family
• The witness and her family must be given adequate protection
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. Smt. Sushma Swaraj
Minister of External Affairs
South Block, Cabinet Secretariat,
Raisina Hill, New Delhi, 110 011
Tel: 23011127, 23011165
Email: eam@mea.gov.in
4. Shri 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
5. 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)
