INDIA: Farmer died after extreme torture by Border Security Force personnel in Shirsiklaibari village, Malda district

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organization in West Bengal, that Mr Biswanath Modal, a 45-year-old farmer, died after being mercilessly tortured by two Border Security Force (BSF) personnel in Malda District, West Bengal, India on the afternoon of 4 December 2004. Biswanath’s fellow villagers, allege the reason for his killing is that the victim refused to give money to the BSF personnel who demanded petty cash to consume alcohol.

Floowing a complaint made by the victim’s relatives, the Superintendent of Police, Malda initiated criminal proceedings but the BSF personnel involved in this incident completely denied the allegations. The Assistant Commandant of 27 Battalion, Mr. Manoj Kumar, further claimed that Biswanath died of a heart ailment after he returned from cultivating his fields. 

This case is yet another example of violence by the BSF personnel in the area. There have been repeated allegations by those living around the Indo-Bangladesh border against the BSF regarding the torturing and extortion of money from people. According to the panchayet pradhan (head of village council) of Habibpur Gram Panchayet, if the orders of the BSF are not obeyed, however irrational they might be, the villagers have to incur the wrath in severe ways. This includes the looting and plundering of their property and death due to violence and abuse.

Your urgent action is required to highlight the gross violations of the rights of those living around the Indo-Bangladesh border. Please demand a thorough investigation in this particular case so that the perpetrators are prosecuted and the victim’s family may achieve justice for this inhumane act. This will signify to BSF personnel that such abuse and violence will be dealt with severely in the future. We urge you to immediately write to the Director General BSF, regarding this matter.

Urgent Appeals Desk 
Asian Human Rights Commission (AHRC) 
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DETAILED INFORMATION: 

Name of victim: Mr Biswanath Mondal, a 45 years old farmer
Place of incident: Shirsiklaibari village under Habibpur Police Station, Malda district, West Bengal, India
Alleged perpetrators: Two Border Security Force (BSF) personnel from the BSF Camp at Habibpur, Malda
Date of incident: 4 December 2004

Case details: 

Biswanath Mondal, a farmer living in the Indo-Bangladesh border area in Shirsiklaibari village, Malda district, West Bengal, India was killed in cold blood by two Border Security Force (BSF) personnel posted in that area on the afternoon of 4 December 2004. He died due to the severe injuries be sustained through repeated kicking and other similar physical abuse. According to villagers, this inhumane assault was because Biswanath did not give in to the demands of the perpetrators for money to buy alcohol. This poor farmer was the only breadwinner of his family and his wife now is totally helpless. 

As soon as Biswanath’s body was found, about 1,000 villagers got together and brought him in a rickshaw to the BSF camp at Habibpur, Malda and started shouting slogans against them. The panchayet pradhan (head of village council) of Habibpur Gram Panchayet declared amongst the gathering that Biswanath’s death was at the hands of two BSF staff. He also reiterated that the BSF are a law unto themselves and any disobedience of their orders leads to similar severe consequences. Such torture has been on the increase and the situation is going from bad to worse. Though the local police from the Habibpur Police Station did reach the BSF camp assuring the villagers that action would be taken, nothing has been done as yet.

On account of the victim’s relatives’ complaints, criminal proceedings were initiated by the SP, Malda district. However, not only did the BSF personnel involved in this incident completely deny these allegations but the Assistant Commandant of 27 Battalion, Mr. Manoj Kumar, said that according to his information Biswanath’s death was due to a heart ailment after he returned from his fields. 

The District Magistrate of Malda, Mr. Asok Kumar Bala, said that there have been long standing complaints of BSF abuse, torture and extortion for money from these poor people living in the border area. He added that not only has he warned the BSF personnel but has also asked the police to investigate into the matter and submit the report.

As understood, though the Habibpur area is cordoned off by a fence, Biswanath’s village in particular has no fence on its boundary. There is a river, which flows through the eastern side of the village, and most of the land belonging to the villagers is on the other side. They regularly cross the river to reach their lands for cultivation and while doing this, they have to enter their names in the BSF register book. The background to this whole issue lies in the fact that the Indian government does not want to fence the no-man’s land, despite there being no fencing on the Bangladesh side. As a result, the BSF end up monitoring the movements of these villagers by opening the gates for a short period of time. This is where the main abuse and mishandling by the security forces takes place. Demands for money are made especially when the BSF see that the situation is serious or there is an emergency of any sorts. Those who cannot afford it are then tortured, raped and killed.

Biswanath’s case is not an isolated one. Human rights violations of such magnitude are being reported on a regular basis. It is indeed a matter of great shame that those very people who are recruited by the Indian government to protect and provide a secure environment for the citizens of the country, are now themselves the perpetrators of such heinous crimes. 

SUGGESTED ACTION: 
Please send a letter to Mr. Ajay Raj Sharma, Director General BSF requesting him to take immediate steps to have this matter properly investigated. Please also send copies of that letter to those persons listed below. 

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