Entrenched impunity of BSF men: attack on women by public officials

Kirity Roy, Secretary, Banglar Manabadhikar Suraksha Mancha (MASUM) complains to the Chairman, National Human Rights Commission, on how on-duty BSF men destroyed food items and used criminal force with intent to outrage women's modesty:

***

This is to bring your attention over a heinous incident of BSF torture and violence against women of Tetuler Chara village under Mathabhanga I Block and Mathabhnaga Police Station in the district of Cooch Behar. The perpetrator BSF personnel attached with Barogariya Border Out Post, 157 Battalion beat the village women, destroyed their food items and used criminal force with intent to outrage their modesty. When other villagers including a child tried to protest this illegal action of the BSF, they were also beaten by the perpetrator BSF personnel. Perpetrator BSF also tried to kill the child by strangulation.
Villagers of Tetuler Chara lodged one written complaint to the Inspector-in-Charge, Mathabhanga Police Station but till date no action has been taken by the concerned police officials. This violates section 154 of the Code of Criminal Procedure and apex court judgment in Lalita Kumari vs. State of U.P. & others [WP (Crl.) 68 of 2008].
The act of the perpetrator BSF personnel attracts section 354 (Assault or criminal force to woman with intent to outrage her modesty; section 323 (Voluntary causing heart); section 425 (Mischief).
As the victims all are from Scheduled Caste community, therefore this act of the BSF officials also attracts the provision of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Trying to kill a 15 years old child by strangulation also attracts section 23 of the Juvenile Justice (Care & Protection of Children) Act, 2000

The incident also violated Article 19 (1) (d) and Article 21 of the Indian Constitution; Article 3 (Right to equality), Article 5 (Right not to be tortured), Article 7 (Equality before law) and Article 8 (Right to effective remedy) of the Universal Declaration of Human Rights (UDHR) and Article 3 (Right to equality), Article 6 (Right to life) and Article 7 (Right not to be tortured) of the International Covenant on Civil and Political Rights. It also goes against the spirit of the Convention for the Elimination of All forms of Discrimination against Women. This heinous incident and subsequent inaction again legitimize our long-standing demand for ratification of the United Nations Convention against Torture (UNCAT) by the Government of India.
The perpetrator BSF personnel also violated the code of conduct for law enforcement officials adopted by United Nations General Assembly in 1979 which mandates that these officials shall respect and protect human dignity and maintain and uphold the human rights of all persons.
The incident reflects the entrenched impunity in the criminal justice system and systemic attack on religious and social minorities, and women by public officials. Therefore, I seek your urgent intervention in the case by fulfilling the following demands:

An independent and non-partisan investigation of the incident by any august agency.
SC & ST Prevention of atrocities Act should be attracted against the perpetrators.
BSF should be posted in the actual borders not inside the villages.
Proceedings should be initiated against the perpetrators of the BSF and the police and strict punishment should be given if found guilty.
Adequate compensation for the victims from the pocket of the perpetrator BSF personnel.
Directions to the Mathabhanga Police Station to register one case based on the written complaint of the villagers and issue the FIR copy to the informant and start impartial investigation in respect.
Security and safety of the victims and their family members must be ensured.

Comments

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857 By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

The curious case of multiple entries of a female voter of Maharashtra: What ECI's online voter records reveal

By Venkatesh Nayak* Cyberspace is agog with data, names and documents which question the reliability of the electoral rolls prepared by the electoral bureaucracy in Maharashtra prior to the General Elections conducted in 2024. One such example of deep dive probing has brought to the surface, the name of one female voter in the 132-Nalasopara (Gen) Vidhan Sabha Constituency in Maharashtra. Nalasopara is part of the Palghar (ST) Lok Sabha constituency. This media report claims that this individual's name figures multiple times in the voter list of the same constituency.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Spirit of leadership vs bondage: Of empowered chairman of 100-acre social forestry coop

By Gagan Sethi* This is about Khoda Sava, a young Dalit belonging to the Vankar sub-caste, who worked as a bonded labourer in a village near Vadgam in Banskantha district of North Gujarat. The year was 1982. Khoda had taken a loan of Rs 7,000 from the village sarpanch, a powerful landlord doing money-lending as his side business. Khoda, who had taken the loan for marriage, was landless. Normally, villagers would mortgage their land if they took loan from the sarpanch. But Khoda had no land. He had no option but to enter into a bondage agreement with the sarpanch in order to repay the loan. Working in bondage on the sarpanch’s field meant that he would be paid Rs 1,200 per annum, from which his loan amount with interest would be deducted. He was also obliged not to leave the sarpanch’s field and work as daily wager somewhere else. At the same time, Khoda was offered meal once a day, and his wife job as agricultural worker on a “priority basis”. That year, I was working as secretary...

Proposed Modi yatra from Jharkhand an 'insult' of Adivasi hero Birsa Munda: JMM

Counterview Desk The civil rights network, Jharkhand Janadhikar Mahasabha (JMM), which claims to have 30 grassroots groups under its wings, has decided to launch Save Democracy campaign to oppose Prime Minister Narendra Modi’s Vikasit Bharat Sankalp Yatra to be launched on November 15 from the village of legendary 19th century tribal independence leader Birsa Munda from Ulihatu (Khunti district).

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman* Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”

Bangladesh alternative more vital for NE India than Kaladan project in Myanmar

By Mehjabin Bhanu* There has been a recent surge in the number of Chin refugees entering Mizoram from the adjacent nation as a result of airstrikes by the Myanmar Army on ethnic insurgents and intense fighting along the border between India and Myanmar. Uncertainty has surrounded India's Kaladan Multimodal Transit Transport project, which uses Sittwe port in Myanmar, due to the recent outbreak of hostilities along the Mizoram-Myanmar border. Construction on the road portion of the Kaladan project, which runs from Paletwa in Myanmar to Zorinpui in Mizoram, was resumed thanks to the time of relative calm during the intermittent period. However, recent unrest has increased concerns about missing the revised commissioning goal dates. The project's goal is to link northeastern states with the rest of India via an alternate route, using the Sittwe port in Myanmar. In addition to this route, India can also connect the region with the rest of India through Assam by using the Chittagon...

Search This Blog