Skip to main content

'Killing' of Dalit youth on Bangladesh border: Complaint to NHRC against BSF

Counterview Desk 

Kirity Roy, Secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and National Convenor, Programme Against Custodial Torture & Impunity (PACTI), Hooghly, West Bengal, in a letter to the National Human Rights Commission (NHRC) chairman, has alleged “extra-judicial execution” of a poor young Dalit, Prakash Barmar, who was “shot dead on his head from point blank” by the Border Security Force (BSF) personnel on the Bangladesh border.
Roy, in his complaint, said, “Firing of BSF and subsequent death of Barman is a result of trigger happy BSF”, noting, “BSF version is that the victim was associated with cross border smuggling. If the man is actually a smuggler then in which Indian law it is stated that a smuggler can be shot dead by BSF?” He wonders, “As per complaint of BSF, they fired for “self defense.” What type of injury received by the guards which compel them to fire?”

Text:

I want to draw your attention towards another incident of extra-judicial execution of a poor young man belonging from Scheduled caste community of Chamta village under Sitai police station area of Coochbehar district in West Bengal. The victim, Prakash Barman, aged about 35 years was shot on his head from point blank range by BSF personnel attached with West Chamta Border Out Post, Gandarmarka, 75 Battalion, Border Security Force.
On the very moment when M Ajay Kumar Bhalla, IAS, was visiting West Bengal and pursuing for more power to BSF, those killings happened which shocked the state.
Prakash Barman is the sole earning member of his family consisting of four members. On November 12, 2021 at about 2 am some BSF personnel attached with West Chamta Border Out Post, 75 Battalion caught Barman and fired bullet from point blank range which directly hit his head. After receiving bullet, the body of Barman was lying there for more than about 9 hours.
Fact finding of MASUM reveals some valuable points on this killing. Those are:
  • There was no discussion, no warning, no incident of attack, no tension prevail / happened at the time of firing by BSF.
  • There is no reason for firing by the BSF at that time.
  • BSF fired total 7 round bullets.
  • Primarily BSF fired 6 rounds bullets which hit three Bangladeshi men’s body and later fired one bullet from the point blank range to Barman.
  • Why was Barman’s body not taken to the hospital after shooting rather he was left at the place of occurrence for more than about 9 hours?
  • Firing of BSF and subsequent death of Barman is a result of trigger happy BSF.
  • BSF version is that the victim was associated with cross border smuggling. If the man is actually a smuggler then in which Indian law it is stated that a smuggler can be shot dead by BSF?
  • If Barman was attached with smuggling activities, the on duty BSF easily can apprehend him and brought before court of law. Which they didn’t.
  • BSF fired at Barman from point blank range and the place of firing is one kilometer inside territory from the international border.
  • Police officials of Sitai Police Station sent the body of the victim to the police station without taking him to the hospital at first or call a doctor at the place of occurrence.
  • As per complaint of BSF, they fired for “self defense.” What type of injury received by the guards which compel them to fire?
The incident violates the rights guaranteed in Article 21 of Indian Constitution and also the premise of Article 6 and 7 of International Covenant on Civil and Political Rights as well as the Goal No 8, 9 and 16 of Sustainable Development Goal earmarked by United Nations and in both these international instruments; the government of India is a party and have agreement. 
The perpetrators also violated the article 2,3,5,6 and 8 of Code of Conduct for Law Enforcement Officials; Adopted by General Assembly resolution 34/169 of 17 December 1979 and basic tenets of Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
Under the circumstances we demand:
  • The BSF must be posted in actual border area and not inside villages
  • This incident of killing is showing systematic killing with impunity is going on regularly, which should be stopped.
  • The whole incident must be investigated by a neutral agency appointed by the Commission.
  • The guilty Border Security Force personnel involved must be booked and prosecuted in open court of law
  • Kingpins of international cattle smuggling business must be booked.
  • The family of the victim must be compensated
  • Security and safety of the witnesses and the family of victim must be protected.
Killing to an accused is a criminal philosophy. The rule of law has rightly been accorded space in the Basic structure doctrine by the Constitution of India. Rule of law is the fundamental principle of governance of any civilized liberal democracy. The fundamental premise of rule of law is that every human being, including smugglers and the worst criminals, are entitled to basic human rights and due process.
The bulwarks of democracy, Police, BSF and other administrative officials do not have any interest to understand this and therefore, when any state authority reported that the victim was a smuggler, they think that ‘bullet is the right way for the smugglers’. Even a smuggler has a right to life and personal liberty enshrined in our Constitution. But the perpetrators are powerful enough and they did not show minimum respect to the Constitution of our country.
Therefore, I request to your Commission to look upon the whole incidents kindly take stern legal action on the human rights issue of a citizen in this country and even non citizens. Article 21 of Indian Constitution applies for both to citizens as well as non citizens.
To see our fact finding documentation, please watch this video.
---
Click here for details of the victim

Comments

TRENDING

Avoidable Narmada floods: Modi birthday fete caused long wait for release of dam waters

Counterview Desk  Top advocacy group, South Asia Network on Dams, Rivers and People (SANDRP), has accused the Sardar Sarovar dam operators for once again acting in an "unaccountable" manner, bringing "avoidable floods in downstream Gujarat."  In a detailed analysis, SANDRP has said that the water level at the Golden Bridge in Bharuch approached the highest flood level on September 17, 2023, but these "could have been significantly lower and much less disastrous" both for the upstream and downstream areas of the dam, if the authorities had taken action earlier based on available actionable information.

From 'Naatu-Naatu' to 'Nipah-Nipah': Dancing to the tune of western pipers?

By Dr Amitav Banerjee, MD*  Some critics have commented that the ecstatic response of most Indians to the Oscar for the racy Indian song, “Naatu-Naatu” from the film, “RRR” reeks of sheer racism, insulting visuals and a colonial hangover. It was perhaps these ingredients that impressed the Academy of Motion Picture Arts and Sciences, one critic says.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Biden urged to warn Modi: US can declare India as worst religious freedom offender

By Our Representative  During a Congressional Briefing held on Capitol Hill, Washington DC, Nadine Maenza, former Chair of the United States Commission on International Religious Freedom (USCIRF), has wondered why the Biden administration should raise issues of mass anti-minority mob violence  -- particularly in Haryana and Manipur -- with Modi. Modi should be told that if such violence continues, the US will be “compelled by law” to designate India as one of the world’s worst offenders of religious freedom, she urged.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Asset managers hold '2.8 times more equity' in fossil fuel cos than in green investments

By Deepanwita Gita Niyogi*  The world’s largest asset managers are far off track to meet the  2050 net zero commitments , a new study  released by InfluenceMap , a London-based think tank working on climate change and sustainability, says. Released on August 1, the Asset Managers and Climate Change 2023 report by FinanceMap, a work stream of InfluenceMap, finds that the world’s largest asset managers have not improved on their climate performance in the past two years.

Evading primary responsibility, ONGC decides to invest Rs 15,000 crore in sick subsidiary

By NS Venkataraman*  It is reported that Oil and Natural Gas Corporation (ONGC) will infuse about Rs 15,000 crore in ONGC Petro-additions Ltd (OPaL) as part of a financial restructuring exercise. ONGC currently holds 49.36 per cent stake in (OPaL), which operates a mega petrochemical plant at Dahej in Gujarat. GAIL (India) Ltd has 49.21 per cent interest and Gujarat State Petrochemical Corporation (GSPC) has the remaining 1.43 per cent.

'State-sanctioned terror': Stop drone attack on Adivasis, urge over 80 world academics

Counterview Desk  A joint statement, “Indigenous Peoples’ Un-Freedoms and Our Academic Freedom: A Call for Solidarity”, endorsed by over 80 signatories, including international academics, activists and civil society organizations, as well as diasporic Indian academics and researchers, working with Adivasi (indigenous) communities in India, has made an urgent appeal to prevent future drone bomb attacks by the Indian state on Adivasi villages.

Sales, profits of Indian firms 'deteriorate', yet no significant increase in cost pressures

By Our Representative  The Indian Institute of Management-Ahmedabad's (IIM-A's) latest Business Inflation Expectations Survey (BIES), a monthly exercise, has said that while cost perceptions data does not indicate significant increase of cost pressures, sales and profits of the Indian firms have deteriorated.