INDIA: Border Security Forces torture then kill a 17-year-old boy 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information detailing the killing of a 17-year-old boy by Border Security Forces (BSF) operating along the Indo-Bangladesh border. The boy, who was attending to his crops just prior to the confrontation with the BSF officers, was taken from his hut and beaten mercilessly. A BSF officer then shot him resulting in his death.

At 5pm on 22 May 2006 Musaruddin Molla went to his family’s paddy field, near outpost number one of Taltala, to attend to the crops. At approximately 8pm several smugglers were seen trafficking cattle near the Charkakmari BSF Camp of Battalion number 62, at outpost number one of Taltala. Though BSF officers chased the smugglers away, the smugglers merely proceeded further along and crossed the border with the cattle one kilometre away. As they crossed however, BSF officers once again saw them and began firing indiscriminately towards their direction.

Nearby Musaruddin was taking shelter in his hut. However, the BSF officers went into the hut and dragged Musaruddin out and started beating him ruthlessly. One officer, namely Upendra Thakur, then produced his gun and shot Musaruddin in the left side of his body. Musarudddin soon after died from the gunshot wound. To cover their actions, the BSF officers then took six cattle from the Khayertala BSF Camp, at outpost number four, and accused Musaruddin of smuggling them.

On May 25 Musaruddin’s father, Enamul Molla lodged a complaint against the BSF personnel with the Officer-in-Charge at the Jalangi police station. On May 27 he lodged a further complaint with the Superintendent of Police in Murshidabad. He noted in both complaints that his delaying in lodging them was due to his having to arrange his son’s funeral and because of the mental turmoil he was experiencing. Enamul asked the OC in Jalangi for an on the spot enquiry and the initiation of legal proceedings against the BSF personnel. To the SP in Murshidabad he demanded the same together with a request for monitory compensation. In his complaint to the SP he also noted the Jalangi police station vide case number 15/06 of unnatural death. This was likewise noted in the Disposal Certificate issued by the Medical Officer of Berhampore General Hospital, Murshidabad when the body of the deceased was released from the hospital after the autopsy.

As of today the case is under the consideration of the Jalangi police station as a mere unnatural death case, though the facts and circumstances clearly calls for the local police to register a case of murder against the BSF officers. This is due to the reluctance of the local police to take any action against the BSF officers against any crime these officers commit and also due to an alleged caucus existing between the local police and the BSF officers. It is often alleged by the locals that the BSF officers in fact facilitate cross boarder smuggling for which the local police provide protection by not registering cases against the BSF officers who silence witnesses, in return for sharing the profit, several BSF officers make by indulging in illegal activities.

BACKGROUND

One of the major issues plaguing the bilateral relationship between India and Bangladesh is border security. India shares a considerable extent of its border with Bangladesh, a border which is extremely porous. The border crosses rivers, villages, paddy fields and jute fields, making it easy to cross. For many years this border has been facing problems with illegal immigration, smuggling, arms trafficking, drug trafficking and the trafficking of women and children. To deal with some of these problems India has deployed border security forces to deal with infiltration from over the border. However, no consideration has been afforded to people near the border area, a “no man’s land”, who have predominantly been branded as immigrants from Bangladesh and thus discriminated at various levels.

The Government of India erected boundary fencing and a boundary road to prevent ‘infiltration’. In many places of Nadia, Murshidabad, North 24 Parganas, South 24 Parganas, Dinajpur and other areas, this fencing and border road (BSF road) runs 5-10 kilometres inside the Indian territory from the actual border. In these areas many of the local people who have resided there for centuries cannot gain entry into their own land without the ‘permission’ of the BSF. In many areas, school buildings, temples, and mosques fall on the other side of the fencing. Only twice daily can people use this border road or enter or leave from the fencing gate: once in the morning for half an hour and once in the evening for half an hour.

Farmers are dependent upon the protection of the BSF to continue their livelihood and are also at their mercy as to whether they infringe upon their rights. Due to this situation, common legal remedies are meaningless and farmers are suppressed from voicing their concerns.

Musaruddin’s murder is one of several human rights violations that the AHRC has reported on in recent times regarding the Border Security Forces operating along the Indo-Bangladesh border (please see UA-174-2006, UA-146-2006, UA-217-2005, UA-79-2005, FA-04-2005 and UA-18-2005). Evident from these cases is that the BSF personnel enjoy absolute impunity and it has become common practice for officers to profit from illegal trade and exploit situations by colluding with smugglers.

SUGGESTED ACTION:

Please write to Mr. Subhash Awasthi, the Director General of Police, West Bengal with copies to other relevant authorities listed below seeking their intervention. The perpetrators should be punished for the arbitrary firing and the government should take immediate cognizance of the cross border smuggling and the continuous flow of infiltration that exists on the Indo-Bangladesh border. Despite having brought this to the notice of the authorities many times in the recent past, little seems to have been done in this regard. We hope that this case will once again highlight the urgency of this matter so that many lives could be saved in the future. Action should also be taken against the local police who have failed to act properly on the complaints filed by the victim’s family.

 

 

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