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."

Text: 

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.