Dear friends,
The Asian Human Rights Commission (AHRC) has received information from MASUM, a local human rights organization in West Bengal, India, regarding the maltreatment of a couple by the Border Security Forces (BSF) in Murshidabad district on 21 September 2007. Although the victims lodged a complaint to the local police, the police have not taken any action against the responsible BSF personnel as is customary with cases involving the BSF. This case shows how casually the BSF harass people without fear of the consequences. They enjoy complete impunity due to the deliberate inaction of the police. Such impunity obstructs the development of justice mechanisms in the country which continuously puts the citizens at great risk. The AHRC calls for your support to the victims of this case. Your support will not only encourage them but also be part of the collective campaign aiming at the elimination of crimes and abuses by the BSF in West Bengal.
CASE DETAILS:
Mrs. Maina Bibi is a 32-year-old Muslim woman is a resident of Dayarampur Village under the jurisdiction of the D. Parashpur post office, Jalangi police station, Murshidabad district, West Bengla, India. At around 8pm on 21 September 2007, Mrs. Maina Bibi went to the bank of the Padma River of Dayarampur village of Murshidabad to relieve herself due to the absence of a toilet in her hut. The place her family members used as a latrine is about 30 meters away from the hut. Her husband Mr. Chhakat Ali Biswas, aged 36, accompanied to her for her safety and remained at a distance.
Two personnel of Border Security Forces (BSF), who were guarding the area, flashed their torches on Mrs. Maina Bibi a number of times. Mr. Chahakat Ali Biswas could not bear the humiliation of his wife and told them to stop. But they ignored him and flashed their torch light on Mrs. Maina Bibi repeatedly and abused the couple in filthy language. The couple protested the misbehavior of the two BSF personnel, while returning home. The two BSF personnel are reportedly from Border Security Force of Out Post number 4 of Khyertala BSF Camp belonged to Battalion Number-90 of G-Company, Jalangi Police Station, Murshidabad, West Bengal.
On the same night, Mr. Ramesh Singh, Sub Inspector from BSF, came to the residence of Mrs. Maina Bibi’s residence along with one BSF constable. They entered the Mrs. Maina Bibi’s room without any notice and enquired about the incident. Mr. Chhakat Ali Biswas told them what happened. However, SI Ramesh Singh became very annoyed with the couple. He abused them in same vulgar tone and snatched the torch from Mr. Chhakat Ali Biswas. Without any provocation, SI Ramesh Singh suddenly slapped his face several times.
On following day, Mr. Chhakat Ali Biswas went to Jalangi police station and lodged General Diary vide GDE no. 1384 dated on 22 September 2007. However, the police have not yet taken any action to investigate the incident as in other cases where the BSF personnel were involved.
On September 28, the fact finding team of the MASUM went to the Dayarampur village and talked with the villagers. The villagers named Mr. Satyendranath Pramanik (son of Late Balaram Pramanik), Mr. Sujit Pramanik (son of Dwijendranath Pramanik) and others told the MASUM that they heard abusive language at night hours on 21 September 2007 and next morning they came to know the assault. The said team also visited SI Ramesh Singh at Border Out Post (BOP) camp and inquired about the incident. The Sub Inspector merely said that it was very disturbing for them to guard the area and refused to talk about the incident. He did not reveal the names of the two responsible BSF personnel.
The couple live in very poor conditions and belong to the marginalized Muslim community in India. Due to the erosion of Padma River, they lost all their land. The family has lived in a makeshift hut at the embankment of the river since then. The names of the family have not been included in the list of Below Poverty Line (BPL) for a long time but their names appeared in the BPL list few months back. The family is not getting any benefit from the government’s welfare schemes.
ADDITIONAL COMMENTS:
This case shows how casually the BSF harass people without fear of any consequence. The reason behind this is not related to the bad personality of individual BSF officials but more linked to the impunity they have been enjoying for long time.
The BSF is the paramilitary group and have virtually absolute control in the border areas. They have become notorious for grave human rights abuses such as extra-judicial killings and torture, corruption, cross-border smuggling. The villagers residing near border area are also exposed to daily casual harassment or maltreatment by BSF personnel.
However, the local police never cared to investigate these cases which results in the BSF enjoying complete impunity. Regardless of whether the nature of the case is serious or not, the victims often fail to report the case with the police fearing repercussions from the BSF. They also do not dare to report cases as the local police do not initiate any action upon their complaints.
It should also be noted that under the Border Security Force Act and BSF Rules, offenses by members of the force are examined by the Staff Court of Inquiry, not by normal courts, and those found responsible face trial by a Security Force Court. The disciplinary proceedings against the members of the force are also preceded under this Act. It is hardly possible for the victims to seek effective justice in this justice mechanism set-up relating to the offenses committed by the BSF. The few cases against the BSF personnel are pursued through normal trial proceedings with the condition that that the offence was proven to have been committed outside the duty of the force. Subsequently, the villagers residing near Indo-Bangladesh border areas have been suffering from long-lasting violence committed by the BSF.
The AHRC therefore calls for your support for the victims of this case who are brave enough to protest against the BSF personnel regarding their maltreatment and lodged a complaint with the local police. Your support will not only encourage the victims to keep pursuing their case but also be part of the collective campaign for reduce of crimes by the BSF in West Bengal.
For your information, we present below the cases of harassment and assault committed by the BSF in West Bengal, which the AHRC reported since this March.
UA-251-2007: INDIA: A villager mowed down and drowned by the Border Security Force in West Bengal
UA-214-2007: INDIA: A foreigner allegedly raped by the Border Security Force in West Bengal
UA-203-2007: INDIA: Elected representatives abused and assaulted by the Border Security Force
UA-157-2007: INDIA: An ailing man died in the custody of Border Security Force (BSF) due to lack of medical help
UA-073-2007: INDIA: Alleged assault and sexual harassment of a man by the Border Security Force
SUGGESTED ACTION:
Please write letters to the authorities mentioned below demanding them to conduct impartial investigation into this case without delay and to take disciplinary action against those responsible.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Maltreatment of a couple by Border Security Forces (BSF), West Bengal
Name of victims:
1. Mrs. Maina Bibi, aged 32, wife of Mr. Chhakat Ali Biswas
2. Mr. Chhakat Ali Biswas, aged 36 years, son of Late Munaruddin Biswas
Both are the resident of Dayarampur village, D. Parashpur post office, Jalangi police station, Murshidabad district, Pin – 742305, West Bengal, India
Names of alleged perpetrators:
1. Mr. Ramesh Singh, Sub Inspector and two other personnel from Border Security Force of Out Post number 4 of Khyertala BSF Camp belonged to Battalion Number-90 of G-Company, Jalangi Police Station, Murshidabad, West Bengal
2. Mr. Subir Pal, Officer in Charge of the Jalangi Police Station
Place of Incident: At the bank of Padma River in Dayarampur Village
Date of Incident: At 8pm 21 September 2007
I am deeply concerned by the maltreatment and harassment of a couple by the Border Security Forces (BSF) in Murshidabad district on 21 September 2007.
According to the information I have received, when Mrs. Maina Bibi went to the bank of Padma River of Dayarampur village for the call of nature along with her husband Mr. Chhakat Ali Biswas at around 8pm on 21 September 2007, they were harassed and humiliated by two personnel of Border Security Forces (BSF). The BSF men flashed their torch light on Mrs. Maina Bibi for number of times. Despite Mr. Chahakat Ali Biswas’s several requests, they did not stop doing so and further abused the couple in filthy languages. The couple protested the misbehavior of the two BSF personnel, while returning home.
I am informed that on the same night, Mr. Ramesh Singh, Sub Inspector from BSF, came to the residence of Mrs. Maina Bibi’s residence along with one BSF constable. After enquiring about the incident, the said SI abused them in vulgar tone and slapped on his face several times, instead of taking disciplinary action against the two responsible BSF men. On September 28, the SI Ramesh Singh also reportedly refused to reveal the names of the two BSF personnel, when he was interviewed by activists from one local human rights organization.
Although, Mr. Chhakat Ali Biswas lodged General Diary vide GDE no. 1384 dated on 22 September 2007 at Jalangi police station, there has been no action taken by the police to investigate the incident.
The couple belongs to the marginalized Muslim community in India and, they have lost all their lands due to the erosion of Padma River. The family has lived in a makeshift hut at the embankment of the river since then.
This case illustrates how casually the BSF harass people without fearing any consequences of it. I am fully aware that The BSF has become notorious for grave human rights abuses such as extra-judicial killings and torture, corruption, cross-border smuggling in India. As a result, the villagers residing near border area are also exposed to daily casual harassment or maltreatment by the BSF personnel.
I am particularly keep receiving human rights abuses committed by the BSF in West Bengal from the Asian Human Rights Commission (AHRC) based on Hong Kong. The most recent cases I am informed by the AHRC are the case of Mr. Santhosh Mondal who was mowed down and drowned by the BSF in Murshidabad district on 27 July 2007 as well as the killing of Basudeb Mondal and gunshot injury of 17-year-old boy Satyen Mondal by indiscriminate firing by BSF personnel in the same Murshidabad district on 26 June 2007.
Like in this case, the local police seldom take action to investigate these cases resulting in the BSF enjoying complete impunity. As a result, the victims do not dare to report cases as the local police are not initiating any action upon their complaints.
It should be noted that such impunity emphasizes that such practices have obstructed the development of justice mechanisms in the country which are continuously putting the citizens under great risk.
I therefore request you to ensure a proper investigation into this case and take necessary action against those responsible. I also request you to inquire the negligence of the duty committed by the Jalangi police in this case.
Lastly, I request the Government of India to take genuine action to stop continuous gross human rights abuses committed by the BSF. For this purpose, I urge the Government to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and effectively implement it into domestic level without any further delay.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Ajay Raj Sharma
Director General BSF
Block 10, CGO Complex
Lodhi Road
New Delhi -03.
Fax: +91 11 24360016
E-mail: bsfhq@hub.nic.in
2. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
3. Justice Mr. Rajendra Babu
Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 6521
E-mail: chairnhrc@nic.in
4. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer’s Building
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341
E-mail: cm@wb.gov.in or prsecycm@wb.nic.in
5. Mr. Amit Kiran Deb
Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 2214 4328
E-mail: cs@wb.nic.in
6. Mr. Prasad Ranjan Roy
Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
E-mail: sechome@wb.gov.in
7. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Room 3-042
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
