Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from MASUM – a human rights organisation based in West Bengal, India – concerning the torture of a man that dared to complain against a Border Security Force (BSF) officer. The man complained that the BSF officer had been found peeping into a room where his wife was changing her dress. It is reported that the BSF, the local police, and members of the local Panchayat (local body) are threatening the couple, as well their family members, demanding that they withdraw the complaint. The couple is under threat and are in hiding. A criminal case registered against the BSF officer has not resulted in his arrest.
CASE NARRATIVE:
The victim in the case, Mr. Lyton Biswas, lives with his wife, Ms. Moushumi Biswas, at their house adjacent to a border outpost of the BSF in Ghonar Math village of 24 North Parganas district in West Bengal. The couple is poor, belong to the Dalit community, and make their livelihood from agricultural labour and earnings from a small grocery shop they run in the village.
On 16 July 2014, at about 4 p.m., Moushumi was changing dress inside her house. A BSF officer, identified to be Mr. Arvind Kumar from the nearby BSF outpost, peeped inside the room. When Moushumi saw the stranger peeping into the room, she screamed for help and out of fear. At the time, Lyton was returning home from work and saw the officer walking away from his house, and his wife screaming for help.
Lyton tried stopping the officer and demanded to know what he was up to. The officer did not like the way Lyton challenged him and attacked Lyton with a stick that he was carrying. Meanwhile Moushumi also came out of the house. The officer assaulted her too. Lyton suffered serious injuries on his leg and head from the assault.
On the same day, Moushumi took Lyton to the Bongaon Sub-Divisional Hospital for treatment. However, the hospital refused to treat Lyton unless they first informed the local police at Bongaon Police Station about the incident and returned with a letter from the police to prove that a complaint had been filed explaining Lyton’s injury.
The couple hence went to the Bongaon Police Station and filed a complaint against the officer. The police registered a case against the BSF officer based on the complaint. The case is numbered as 614/14, dated 16 July, for offences punishable under Sections 354 C and 323 of Indian Penal Code, 1860. Lyton was subsequently admitted at the Bongaon Sub-Divisional Hospital on the same day and released the next day. On 21 July, Moushumi went to the local magistrate court and made a statement to the judicial officer about the incident.
Unfortunately, complaining against the BSF officer has made life miserable for the couple. On 30 July, the BSF officer along with the members of the local Panchayat, took the couple to the Bongaon court. There, the officer forced Moushumi to sign on a non-judicial stamp paper. The paper was blank. Moushumi signed, since she was afraid that the officer, now supported by local politicians, was up to no good.
Despite signing the document, Moushumi insisted that she would speak the truth to the court, if questioned. Subsequently, Mr. Arun Haldar, a Panchayat member, and Mr. Uttam Mondal, the husband of another Panchayat member (Ms. Usha Mondal of Kalopur Bongaon Panchayat Samity), started threatening the couple, demanding that they withdraw the complaint. Mondal even met Mr. Ashok Biswas, Lyton’s father, advising Biswas that Lyton should withdraw the complaint, if the couple wanted to live in peace.
Then Mondal deposited Rupees 30,000 in a bank account maintained by Biswas at the Puraton Bongaon branch of the Syndicate Bank. However, on 8 August, Biswas withdrew the money from the bank and returned it to Mondal through one Mr. Parithosh. Meanwhile, continued threats of physical assault took a toll on the couple, who were forced to leave their home and take shelter at their relative’s house in Kalanchi village, under the jurisdiction of Gaighata Police Station.
Now, two notorious local thugs, Goutam Mondal and Biplab Biswas, have started intimidating the couple. They frequently call Lyton on his telephone demanding that the complaint against the BSF officer is withdrawn. On one such occasion, Goutam even threatened that he will kill Lyton if the complaint is not withdrawn.
On 6 August, Lyton sent a complaint to the Superintendent of Police of 24 North Parganas district. Lyton also tried contacting the police officers at Bongaon Police Station seeking safety. The local police, however, did not respond.
On 8 August, Goutam, Biplab, and one Mr. Bidyut Biswas, along with three BSF officers, visited Lyton’s house while his parents and younger brother were at home. Goutam, Biplab, and Bidyut were carrying weapons and threatened the family that nobody will save Lyton and Moushumi if the complaint is not withdrawn. A new complaint was filed with the police about this incident. However, the local police have failed to act.
At the moment, the couple is under protection at a safe house arranged by MASUM. Lyton has suffered injuries to his skull and requires immediate medical treatment. However, he does not feel safe and is therefore uncomfortable with the ideas of being admitted to a public hospital. He fears the BSF will send thugs to murder him.
ADDITIONAL INFORMATION:
Over the past ten years, MASUM has reported more than 500 cases of criminal acts committed by the BSF stationed along the Indo-Bangladesh border. This case has also been reported from such a place.
The BSF, being a paramilitary unit of the Indian government, is deployed along Indian borders to prevent infiltration of foreigners and cross-border smuggling. However, the BSF officers are often reported to be engaging in criminal acts, which include facilitating cross-border smuggling and human trafficking. Many officers have been accused of sexually molesting and raping village women.
The local police consider themselves to be powerless against the BSF and either turn a blind eye towards the crimes and atrocities committed by the BSF, or participate willingly, claiming their share of the proceeds. Additionally, the police often refuse to register complaints against the BSF, with the excuse that the BSF is an armed force of the Union Government, and that the police cannot arrest BSF officers and that complaints against the BSF cannot be investigated. This makes complaining against the BSF a futile exercise, and a risk to the complainant. As a result, the BSF officers enjoy impunity in places where they are deployed.
A substantial number of the people living along the Indo-Bangladesh border, from where cases like the current one are reported, are poor. Most serve as agricultural labour or work as subsistence farmers at best. Owing to border area restrictions imposed upon the residents of international borders, farmers require permission from the BSF deployed in the region to tend their crops and, in some places, even to move freely between villages. Such restrictions create additional opportunities for agencies like the BSF to collectively punish villagers, if one of the residents were to complain against a particular BSF officer or their operations.
Lyton’s and his wife’s fear of murder or further assault by the BSF is real. Unless there is external intervention, the local police will not investigate the complaint and prosecute the perpetrator or provide protection to the couple.
SUGGESTED ACTION:
Kindly write to the authorities cited below, expressing your concern in the case. The AHRC is deeply concerned about the incident and the collusion between the local politicians, BSF, petty criminals, and the local police, all wanting the victims in the case to be silenced. The AHRC is writing to the Government of India seeking immediate intervention in this case, and to the UN Special Rapporteur on torture and other cruel, inhuman, degrading treatment or punishment seeking an intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………………………….
INDIA: Criminal intimidation of a couple following their complaint about torture & sexual harassment must be investigated
Names of those at risk:
- Ms. Moushumi Biswas
- Mr. Lyton Biswas, son of Mr. Ashok Biswas, Ghonar Math Village, Puaton Bongaon Post, 24 North Parganas District, West Bengal, India.
Name of Alleged Perpetrators:
Mr. Arvind Kumar, Officer of the Border Security Force, currently stationed at Ghonar Math, BSF – Border Outpost Camp, 40 Battalion, West Bengal, India
Date of Incident: 16 July 2014
Place of Incident: Ghonar Math village, 24 North Parganas, West Bengal, India
I am writing to express concern regarding the threat against a couple. The couple has complained against the officer for sexual harassment and torture. The facts of the case, provided to me are as follows:
The victim in the case, Mr. Lyton Biswas, lives with his wife, Ms. Moushumi Biswas, at their house adjacent to a border outpost of the BSF in Ghonar Math village of 24 North Parganas district in West Bengal. The couple is poor, belong to the Dalit community, and make their livelihood from agricultural labour and earnings from a small grocery shop they run in the village.
On 16 July 2014, at about 4 p.m., Moushumi was changing dress inside her house. A BSF officer, identified to be Mr. Arvind Kumar from the nearby BSF outpost, peeped inside the room. When Moushumi saw the stranger peeping into the room, she screamed for help and out of fear. At the time, Lyton was returning home from work and saw the officer walking away from his house, and his wife screaming for help.
Lyton tried stopping the officer and demanded to know what he was up to. The officer did not like the way Lyton challenged him and attacked Lyton with a stick that he was carrying. Meanwhile Moushumi also came out of the house. The officer assaulted her too. Lyton suffered serious injuries on his leg and head from the assault.
On the same day, Moushumi took Lyton to the Bongaon Sub-Divisional Hospital for treatment. However, the hospital refused to treat Lyton unless they first informed the local police at Bongaon Police Station about the incident and returned with a letter from the police to prove that a complaint had been filed explaining Lyton’s injury.
The couple hence went to the Bongaon Police Station and filed a complaint against the officer. The police registered a case against the BSF officer based on the complaint. The case is numbered as 614/14, dated 16 July, for offences punishable under Sections 354 C and 323 of Indian Penal Code, 1860. Lyton was subsequently admitted at the Bongaon Sub-Divisional Hospital on the same day and released the next day. On 21 July, Moushumi went to the local magistrate court and made a statement to the judicial officer about the incident.
Unfortunately, complaining against the BSF officer has made life miserable for the couple. On 30 July, the BSF officer along with the members of the local Panchayat, took the couple to the Bongaon court. There, the officer forced Moushumi to sign on a non-judicial stamp paper. The paper was blank. Moushumi signed, since she was afraid that the officer, now supported by local politicians, was up to no good.
Despite signing the document, Moushumi insisted that she would speak the truth to the court, if questioned. Subsequently, Mr. Arun Haldar, a Panchayat member, and Mr. Uttam Mondal, the husband of another Panchayat member (Ms. Usha Mondal of Kalopur Bongaon Panchayat Samity), started threatening the couple, demanding that they withdraw the complaint. Mondal even met Mr. Ashok Biswas, Lyton’s father, advising Biswas that Lyton should withdraw the complaint, if the couple wanted to live in peace.
Then Mondal deposited Rupees 30,000 in a bank account maintained by Biswas at the Puraton Bongaon branch of the Syndicate Bank. However, on 8 August, Biswas withdrew the money from the bank and returned it to Mondal through one Mr. Parithosh. Meanwhile, continued threats of physical assault took a toll on the couple, who were forced to leave their home and take shelter at their relative’s house in Kalanchi village, under the jurisdiction of Gaighata Police Station.
Now, two notorious local thugs, Goutam Mondal and Biplab Biswas, have started intimidating the couple. They frequently call Lyton on his telephone demanding that the complaint against the BSF officer is withdrawn. On one such occasion, Goutam even threatened that he will kill Lyton if the complaint is not withdrawn.
On 6 August, Lyton sent a complaint to the Superintendent of Police of 24 North Parganas district. Lyton also tried contacting the police officers at Bongaon Police Station seeking safety. The local police, however, did not respond.
On 8 August, Goutam, Biplab, and one Mr. Bidyut Biswas, along with three BSF officers, visited Lyton’s house while his parents and younger brother were at home. Goutam, Biplab, and Bidyut were carrying weapons and threatened the family that nobody will save Lyton and Moushumi if the complaint is not withdrawn. A new complaint was filed with the police about this incident. However, the local police have failed to act.
At the moment, the couple is under protection at a safe house arranged by MASUM. Lyton has suffered injuries to his skull and requires immediate medical treatment. However, he does not feel safe and is therefore uncomfortable with the ideas of being admitted to a public hospital. He fears the BSF will send thugs to murder him.
ADDITIONAL INFORMATION:
Over the past ten years, MASUM has reported more than 500 cases of criminal acts committed by the BSF stationed along the Indo-Bangladesh border. This case has also been reported from such a place.
The BSF, being a paramilitary unit of the Indian government, is deployed along Indian borders to prevent infiltration of foreigners and cross-border smuggling. However, the BSF officers are often reported to be engaging in criminal acts, which include facilitating cross-border smuggling and human trafficking. Many officers have been accused of sexually molesting and raping village women.
The local police consider themselves to be powerless against the BSF and either turn a blind eye towards the crimes and atrocities committed by the BSF, or participate willingly, claiming their share of the proceeds. Additionally, the police often refuse to register complaints against the BSF, with the excuse that the BSF is an armed force of the Union Government, and that the police cannot arrest BSF officers and that complaints against the BSF cannot be investigated. This makes complaining against the BSF a futile exercise, and a risk to the complainant. As a result, the BSF officers enjoy impunity in places where they are deployed.
A substantial number of the people living along the Indo-Bangladesh border, from where cases like the current one are reported, are poor. Most serve as agricultural labour or work as subsistence farmers at best. Owing to border area restrictions imposed upon the residents of international borders, farmers require permission from the BSF deployed in the region to tend their crops and, in some places, even to move freely between villages. Such restrictions create additional opportunities for agencies like the BSF to collectively punish villagers, if one of the residents were to complain against a particular BSF officer or their operations.
Lyton’s and his wife’s fear of murder or further assault by the BSF is real. Unless there is external intervention, the local police will not investigate the complaint and prosecute the perpetrator or provide protection to the couple.
I therefore urge you:
- That the injured victim in the case, Mr. Lyton, is provided immediate medical treatment by the Government of West Bengal;
- That the case registered against the BSF officer is investigated and the officer tried in a civilian court;
- That the police record the statements of witnesses, and the injured;
- That the police provide protection to the victims and their family members;
- That the police investigate the linkage between the local politicians, thugs who have intimidated the victims and the accused BSF officer relating to the facts of this case.
- That if it is found the local politicians and thugs have threatened the victims, a separate case be registered against the said politicians.
Yours Sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001, India
Fax: + 91 11 2338 4863
Email: chairnhrc@nic.in
2. Honourable Ms. Mamta Banerjee
Chief Minister, Government of West Bengal
NABANNA, 14 – Floor
325, Sarat Chatterjee Road
Howrah – 711102, West Bengal, India
Fax: +91 33 2214-5480
Email: cm@wb.gov.in , cm@wb.nic.in
3. Mr. Sanjay Mitra, IAS
Chief Secretary, Government of West Bengal
NABANNA, 13th Floor
325 Sarat Chatterjee Road
Howrah -711102, West Bengal, India
Fax: + 91 33 2214-4328
Email: cs-westbengal@nic.in
4. Mr. Devendra Kumar Pathak, IPS
Director General BSF
Force Headquarters
Block No 10, Cgo Complex
Lodhi Road, Delhi – 110003, India
Fax: +91 11 24361794, 24367684
Email: edpdte@bsf.nic.in
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
Thank you.
