Dear Friends,
The AHRC has received the following information from its partner organisation MASUM in West Bengal. Following an attack of approximately 25 Border Security Force personnel, 11 farmers have been seriously injured and hospitalized for treatment. The attack occurred in a field in West Bengal’s Murshidabad District at 12 p.m. on 24 May 2016.
CASE NARRATIVE:
On May 24 at noon several farmers were taking shelter in a field during a torrential rainstorm in Murshidabad, West Bengal. At that time, two-dozen Border Security Force (BSF) personnel approached them and began assaulting them. They incessantly kicked and beat the farmers using rifle butts, and hit them with wooden sticks as well. Despite pleas from the farmers, the BSF forces continued beating them.
When villagers heard about this, many of them gathered in front of the Harudanga BSF Camp. The villagers requested the Assistant Company Commander not to assault the farmers, but they were ignored. Upon the Assistant Company Commander’s request, the BSF forces assaulted the villagers gathered and allegedly hurled bombs to disperse them. The BSF troops also molested female villagers in this process.
A total of 11 individuals were taken to the hospital following the incident. The victims were hospitalised with severe lacerations, bone fractures, and acute bruising.
Despite getting a written complaint from victims on 24 May, the Officer-in-Charge of Raninagar Police Station did not register a First Information Report (FIR) and is yet to take any action.
On June 1, the victims jointly sent a written complaint to the Superintendent of Police, Murshidabad, through registered post, narrating the incident, and also mentioning the inaction of the Raninagar Police Station with respect to the earlier complaint.
No action has been taken on this complaint either.
No measures have been taken to bring the perpetrators to justice or further investigate the matter.
ADDITIONAL INFORMATION:
This attack by the BSF is a violation of the Indian Constitution and the Human Rights Act of 1993. The BSF personnel violated Articles 2,3,5,8 of the UN Code of Conduct for Law Enforcement Officials. India has ratified this Convention, making its disregard a violation of international law.
In August 2014, the cover story in the India Today magazine (‘Human rights: Terror through torture’ – C. Joshi, 14 August 2014) reiterates the vulnerability and powerlessness of victims of torture. The report details an important aspect of torture in India:
“An interesting phenomenon is that in many cases where torture was employed at the level of the sub-inspector, and Deputy Superintendent of Police, case histories show that they had been promoted from the ranks and had a strong attachment to hierarchy and believed in “exercising their power” through the “infliction of pain”. This psychologically enabled them to ensure that the victim could actually and physically feel their power and in essence overcome their sense of inferiority.”
While, in this case, the alleged perpetrators are BSF officials, the basic premise holds. The BSF officials try to control the villagers through the use of torture and violence, in order to ensure that they are subservient and, quite possibly, to take bribes.
In December 2011, a video showing BSF officers in Murshidabad stripping and torturing an alleged cattle smuggler found its way to the television media. Following public outrage, the BSF was forced to respond and eight BSF officials were suspended.
SUGGESTED ACTION:
Please write letters to the following authorities calling on them to take necessary action and investigate this incident urgently. The complaint submitted by the victim before the Superintendent of Police must be treated as a First Information Report.
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: 11 Farmers hospitalized following assault by Border Security Force officers in West Bengal
Name of the victims: Mr. Jiarul S.K., Mr. Monaranjan Mondal, Mr. Sridam Mondal, Ms. Chayarani Mondal, Ms. Sefali Mondal, Mr. Kartick Mondal, Mr. Laltu Sk., Mr. Tapash Mondal, Mr. Kushai Mondal, Mr. Lobai Mondal, and Mr. Joy Kumar Mondal
Name of alleged perpetrators: The Assistant Company Commander and 20/25 BSF officers attached with Harudanga Border Security Force Camp, Battalion 4; the Superintendent of Police, Murshidabad; and the Officer-in-Charge of Raninagar Police Station.
Place of incident: Field located about 750 meters north from Harudanga, BSF Camp, under Raninagar Police Station, District-Murshidabad.
I am writing to you to voice my deep concern about the torture of 11 farmers by a group of 20-25 Border Security Force (BSF) officers at Harudanga in Murshidabad, West Bengal.
On May 24 at noon several farmers were taking shelter in a field during a torrential rainstorm in Murshidabad, West Bengal. At that time, two-dozen Border Security Force (BSF) personnel approached them and began assaulting them. They incessantly kicked and beat the farmers using rifle butts, and hit them with wooden sticks as well. Despite pleas from the farmers, the BSF forces continued beating them.
When villagers heard about this, many of them gathered in front of the Harudanga BSF Camp. The villagers requested the Assistant Company Commander not to assault the farmers, but they were ignored. Upon the Assistant Company Commander’s request, the BSF forces assaulted the villagers gathered and allegedly hurled bombs to disperse them. The BSF troops also molested female villagers in this process.
A total of 11 individuals were taken to the hospital following the incident. The victims were hospitalised with severe lacerations, bone fractures, and acute bruising.
Despite getting a written complaint from victims on 24 May, the Officer-in-Charge of Raninagar Police Station did not register a First Information Report (FIR) and is yet to take any action.
On June 1, the victims jointly sent a written complaint to the Superintendent of Police, Murshidabad, through registered post, narrating the incident, and also mentioning the inaction of the Raninagar Police Station with respect to the earlier complaint.
No action has been taken on this complaint either.
No measures have been taken to bring the perpetrators to justice or further investigate the matter.
ADDITIONAL INFORMATION:
This attack by the BSF is a violation of the Indian Constitution and the Human Rights Act of 1993. The BSF personnel violated Articles 2,3,5,8 of the UN Code of Conduct for Law Enforcement Officials. India has ratified this Convention, making its disregard a violation of international law.
In August 2014, the cover story in the India Today magazine (‘Human rights: Terror through torture’ – C. Joshi, 14 August 2014) reiterates the vulnerability and powerlessness of victims of torture. The report details an important aspect of torture in India:
“An interesting phenomenon is that in many cases where torture was employed at the level of the sub-inspector, and Deputy Superintendent of Police, case histories show that they had been promoted from the ranks and had a strong attachment to hierarchy and believed in “exercising their power” through the “infliction of pain”. This psychologically enabled them to ensure that the victim could actually and physically feel their power and in essence overcome their sense of inferiority.”
While, in this case, the alleged perpetrators are BSF officials, the basic premise holds. The BSF officials try to control the villagers through the use of torture and violence, in order to ensure that they are subservient and, quite possibly, to take bribes.
In December 2011, a video showing BSF officers in Murshidabad stripping and torturing an alleged cattle smuggler found its way to the television media. Following public outrage, the BSF was forced to respond and eight BSF officials were suspended.
Therefore, I hereby request:
• The whole incident must be investigated urgently by an independent and competent authority;
• The complaint submitted by the victim before the Superintendent of Police, Murshidabad, must be treated as a First Information Report (FIR) against the alleged perpetrators, and the BSF personnel suspected must be prosecuted in a regular court of law;
• The farmers must be provided compensation, and the costs of their medical treatment must be borne by the State.
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. Sandeep Salunke, IPS
IG South Bengal Frontier BSF
Ftr HQ BSF South Bengal
2B, Lord Sinha Road
Kolkata – 700071
Ph: +919434737964
Email: sbftr@bsf.nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
