Skip to main content

BSF personnel beat up youth, who tried to protect someone from torture: NHRC told

Counterview Desk 

Bringing to light an incident of alleged  torture by Border Security Force personnel senior activist Kirity Roy, who is secretary, Banglar Manabadhikar Suraksha Mancha (MASUM) in a written representation to the National Human Rights Commission chairperson has wondered, "If someone is apprehended due to illegal smuggling activity, why are they not treated as per the procedure of law of land?"
Noting that in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment it has been clearly described why torture is entirely unsuitable in the civilized society, Roy regrets, "But India is yet to ratify it while these sort of incidents are repeatedly occurring in its territory."


I want to bring an incident of BSF torture on a villager named Salam Mondal, S/o Gaffar Mondal, of Village: Noudapara, Block: Bagdah, PS: Bagdah, Panchayat: Bagdah, PO: Mamabhagina, District: North 24 Parganas, State: West Bengal, PIN Code: 743232, in front of you.
The victim Salam Mondal was beaten up by BSF personnel under the leadership of sector officer Krishna kumar Mondal of Mamabhagina BOP attached to 68 BN BSF attached to, as he tried to save one Alamgir Mondal from the torture of BSF. (Detailed fact finding report is attached with the mail).
Allegedly, BSF was on a raid when the alleged cases of torture took place. During our fact finding, we came to know about a few questions the villagers raised. First, if someone is apprehended due to illegal smuggling activity, why are they not treated as per the procedure of law of land, as anywhere in the Indian constitution or in the international instrument torture is not acceptable as a method of law enforcement?
The second question too is very important in nature. In the village we found that the BSF has built their own makeshift barbed wire fencing and also installed CCTV to curb cross border smuggling. Then how is it possible for anybody to gather such an absurd amount of drugs without any involvement of BSF? Doesn’t it raise questions on BSF’s true intention?
Third, why was the victim beaten up for trying to protect someone from torture? Is it a crime to try to protect someone from harm? Who gave the right and power to the BSF to beat someone up mercilessly? In CrPC section 41 the guidelines for arrest were clearly stated. Nowhere in any Act in India there is mention of torture as a method of law enforcement. Then, why should the BSF personnel enjoy such impunity in the incidents of such illegal activities?
This incident shows that BSF violated the constitutional rights of the victims, guaranteed in the incident violates the rights guaranteed in Article 19 and 21 of Indian Constitution and also the premise of Article 7 and 12 of International Covenant on Civil and Political Rights as well as the Goal No. 8 and 16 of the Sustainable Development Goal earmarked by United Nations and in both these international instruments; the government of India is a party and have agreement.. The inaction of Bagdah police station in this matter is in turn supporting the perpetrator BSF personnel, while the victims are not getting justice. 
Is it a crime to try to protect someone from harm? Who gave the right to BSF to beat someone up mercilessly?
This is also an instance of misusing of power by the government officials. The on-duty police officer of the Bagdah police station didn’t provide any receipt against the complaint submitted by the victim, which is another procedural violation by the police.
Another thing we must mention here. In the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment it has been clearly described why torture is entirely unsuitable in the civilized society. But India is yet to ratify it while these sort of incidents are repeatedly occurring in its territory.
This fact-finding not only reveals a single incident of torture, it puts forth a reality of the Indo-Bangladesh border villages. Due to economic and social underdevelopment the people of these areas are forced to take up illegal smuggling activities as a mode of income, and when the BSF apprehends them, instead of bringing them to the court of law, the personnel take it upon themselves to discipline them. They forget the very fact that in a civilized society even a proven criminal cannot be tortured. The bodies who are in charge to take action against these violations must act immediately to change this grim situation.
With this note I would like to pronounce a few demands on the behalf of the victims:
  • Krishna Kumar Mondal and the other perpetrator BSF personnel must be booked and brought to open court of law immediately.
  • The culture of impunity of BSF personnel in the event of illegal actions must end immediately.
  • Actions must be taken against the Officer in Charge of the Bagdah police station due to procedural violations.
  • The home minister must take responsibility for the actions of BSF.
  • The Indian government must ratify UNCAT immediately.
  • The victim should be duly compensated.


Unknown said…
Writer of this blogs seems having a good link with the anti govt, Anti Indian cONSTITUTION & Anti Indian law Enforcement agencies including the 'COURTS'.
It showing he getting a good lumsum amount to just criticise the established Govt functions and supprt & sheler the Anti National elements /smugglers.
Nandini Das said…
You are a basically a traitor who is barking baseless allegations on disciplined well reputed BSF soldiers. Where were you when smugglers attacked BSF jawans using sharp weapons and desi bombs??? Stop your propaganda.
Jag Jivan said…
Please don't beat about the bush by calling names like anti-national etc. etc., a usual talk of bhakts when they cant argue out. State instead whether the specified incident did not happen at all. Smugglers ought to punished, but within the legal framework and not the way in which it has been described in this article
Anonymous said…
Seems like you made propaganda as your bread and butter, all the narrative set by this website are I’ll intended and with maladies intention. Your falsehood are now open secret that you people are into business of extortion . White collor goons mafia have face like you . Go to hell let us live with peace in this border area . You people made our live hell but not anymore . We r getting hell lot of facilities and sense of security because of troops deployed there away from their homes and closed one .


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.

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.

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.

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. 

Why iconic Urdu book stall, publishing house Maktaba Jamia died an 'unnatural' death

By Firoz Bakht Ahmed*  We have all grown through the fragrant flavours and flairs of our childhood, one of them being our childhood mother-tongue historic magazines like, “Thakurmar Jhuli” (Bengali), “Khilauna”, Payam-e-Taleem" (Urdu), “Hans” (Marathi), “Parag” (Hindi), “Chitralekha” (Gujarati), “Chandamama” (Telugu), etc. I “drank” Urdu while suckling his mother and learnt the language not from any madrasa, school or college but from these publications only — my treasure trove!

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.

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".

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.

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.

Why Bangladesh is achieving 'new heights' amidst economic collapse of Pakistan

By Sufian Siddique*  Pakistan's economy is on the brink of bankruptcy like Sri Lanka's. Pakistan's foreign exchange reserves have fallen below $3 billion. They have asked the IMF for a 'bailout loan' a long time ago, but the IMF is trying to impose strict conditions that Pakistan's current ruling coalition has no capacity to meet. Even China and Saudi Arabia, Pakistan's long-standing loyal friends, are now reluctant to shoulder Pakistan's burden.