Skip to main content

Indo-Bangla border one of the most violent, reports 1 death in 2 days

By Kirity Roy*
 
Despite the fact that India and Bangladesh are friendly countries, the Indo-Bangladesh border is one of the most vulnerable and violent borders in the world, registering severe bloodshed on a daily basis. On an average a person is  killed or  involuntarily disappears every two days along the border.
Guarded by the Border  Security Force (BSF), in each of these deaths along the border, a couple of things remain constant — the deceased is a criminal in police case and the murderer enjoys impunity. Posted BSF personnel often forget that in no circumstances  involvement in cross border smuggling or illegal entry to India attract death penalty.
Local and international human rights organizations have documented, and reported on, the conduct of the BSF, demonstrating that it has acted contrary to India’s obligations under international law while carrying out its functions. 
Impunity combined with prejudice and lack of empathy towards the impoverished local population and minorities, have been identified as key factors that have contributed to the routine and indiscriminate use of excessive force, torture and ill treatment by BSF personnel. 
MASUM has documented 74 cases of torture by BSF personnel between 2020 and 2023. The most common patterns of torture and ill treatment include beating with clubs and rifle butts, pellet firing and denial of medical treatment. The victims are men and women, including minors, living along the border, who have been subjected to torture and ill-treatment on the suspicion of engaging in illegal trade. Reports indicate that BSF personnel whose outposts are located away from the actual border target people in nearby villages for arrest, as well as beating and other ill-treatment. This is on account of suspicion of cross-border trade as well as hostile and discriminatory attitudes towards the local population, which is primarily Muslim and often lower caste.
This situation has created an environment where the BSF can effectively operate above the law, and intimidate or torture victims into silence taking advantage of their poor economic status. Medical professionals in the areas concerned reportedly refuse to examine individuals, alleging that may be ill treated by the BSF. They fear reprisals if they provide treatment and/or medical evidence.  
The police also frequently refuse to register complaints against the BSF. Despite claims by the BSF that internal trials are used to prosecute violations of the Border Security Force Act and other crimes, there are no known cases of BSF personnel having been convicted for any violations.
Recently, Bangladeshi Prime Minister Sheikh Hasina became the first person on an incoming bilateral state visit by a foreign leader after the formation of the new government in India following the Lok Sabha elections. Hasina was on a two-day visit to India, and arrived in the country on June 21, 2024. 
During her visit, she along with her Indian counterpart showed commitment to renew the Ganges Water Sharing Treaty with optimism, but kept intentional mum on ending border killings at India-Bangladesh border, where citizens of both the countries are regularly being killed and tortured by bordering guards of India. 
BSF personnel often use pellet guns on the Indo-Bangladesh border in order to combat crimes. Several Indian and Bangladeshi innocent persons are victims of these pellet guns, including severe injury, even deaths. Many of these victims lost their sight due to pellet injury. 
MASUM has demanded justice for these victims of torture and the family members of the persons who were killed next to the border by the BSF. We suggested forming a Special Investigation Team (SIT) and conducting  investigation in order to provide justice to these victims of torture and extra judicially killed according to the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) in open court trials. 
MASUM is facilitating two cases which are pending before the Supreme Court of India:
1. Md Nur Islam versus Union of India (WP 141 (criminal) of 2015 generally known as Felani Khatun case, and 
2. Banglar Manabadhikar Suraksha Mancha versus Union of India (WP (Civil) 218 of 2012) where we prayed for an order declaring section 46 and 47 of BSF Act, 1968 is ultra vires to Article 14 and 21 of the Constitution of India.
Felani Khatun was shot dead on 7th January 2011 by BSF personnel while she was illegally trying to cross the barbed wire from India to Bangladesh. Human rights organisations of India and Bangladesh made protests aga this ghastly murder. BSF’s security court acquitted the accused. 
Later, an appellate court of BSF also made order for acquittal. NHRC took up the case and observed that the killing was uncalled-for, as at the time of the incident, she was unarmed not even stones have been seized from her by the BSF and in no way she was in position to attack BSF personnel. The  National Human Rights Commission (NHRC) recommended  monetary compensation to the family, but till date the Ministry of Home Affairs of India has refused to oblige NHRC. MASUM facilitated the writ petition in the Supreme Court of India. Both the cases are pending for long in the Supreme Court of India.
BSF can effectively operate above the law, and intimidate or torture victims into silence
India acceded to the International Covenant on Civil and Political Rights in 1979 but has not ratified the Optional Protocols. India has signed but not ratified the UN Convention Against Torture (UNCAT) despite a declaration by the Government of India that it was preparing to do so as far back as 2008. 
In addition to the obligations arising from these sources, India is also bound by the absolute prohibition of torture under customary international law. States have a duty to take the requisite steps to prevent torture, including by making torture a crime that entails punishments commensurate with the seriousness of the offences.
Further, states have a positive obligation to conduct an investigation into the circumstances of alleged serious human rights violations, such as torture and extrajudicial killings, to provide reparation to the victims of such violations, and to bring to justice those responsible. Torture is not proscribed as a criminal offence in India. However, de facto acts of ‘torture’ and the other abuses complained of are punishable under the various provisions of the Indian Penal Code 1860, including section 330 – voluntarily causing hurt to extort confession or to compel restoration of property – and section 331 – voluntarily causing grievous hurt. 
There are also relevant Supreme Court rulings based on Article 20 and 21 of the Constitution of India, which prohibit, respectively, compelling someone to testify against him or herse and arbitrary detention and deprivation of liberty. 
NHRC does not have the mandate to investigate the conduct of members of the armed forces such as the BSF. It can only request a report from the agency against whose personnel the complaint was brought and recommend measures including compensation and prosecution. 
On one hand, there is dearth of understanding on international humanitarian law among the lower judiciary of India which is completely dependent on state machinery; and on the other India has not acceded major international humanitarian laws like UN CAT, optional protocol of International Covenant on Civil and Political Rights (ICCPR) and so on. 
The criminal justice system of the country does not follow international standards on monitoring and effective medical investigation and documentation of torture and its consequences, making punishment for offenders and justice for survivors, a far-off thing to achieve.
---
*SecretaryBanglar Manabadhikar Suraksha Mancha (MASUM), National Convenor
Programme Against Custodial Torture & Impunity  (PACTI)

Comments

TRENDING

The golden crop: How turmeric is transforming women's lives in tribal India

By Vikas Meshram*   When the lush green fields of turmeric sway in the tribal belt of southern Rajasthan, Madhya Pradesh, and Gujarat, it is not merely a spice crop — it is the golden glow of self-reliance. In villages where even basic spices once had to be bought from the market, the very soil today is yielding a prosperity that has transformed the lives of thousands of families. At the heart of this transformation is the initiative of Vaagdhara, which has linked turmeric with livelihoods, nutrition, and village self-governance — gram swaraj.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

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

Nalanda mahavihara By Rajiv Shah  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".

Authoritarian destruction of the public sphere in Ecuador: Trumpism in action?

By Pilar Troya Fernández  The situation in Ecuador under Daniel Noboa's government is one of authoritarianism advancing on several fronts simultaneously to consolidate neoliberalism and total submission to the US international agenda. These are not isolated measures, but rather a coordinated strategy that combines job insecurity, the dismantling of the welfare state, unrestricted access to mining, the continuation of oil exploitation without environmental considerations, the centralization of power through the financial suffocation of local governments, and the systematic criminalization of all forms of opposition and popular organization.

Echoes of Vietnam and Chile: The devastating cost of the I-A Axis in Iran

​ By Ram Puniyani  ​The recent joint military actions by Israel and the United States against Iran have been devastating. Like all wars, this conflict is brutal to its core, leaving a trail of human suffering in its wake. The stated pretext for this aggression—the brutality of the Ayatollah Khamenei regime and its nuclear ambitions—clashes sharply with the reality of the diplomatic landscape. Iran had expressed a willingness to remain at the negotiating table, signaling a readiness to concede points emerging from dialogue. 

False claim? What Venezuela is witnessing is not surrender but a tactical retreat

By Manolo De Los Santos  The early morning hours of January 3, 2026, marked an inflection point in Venezuela and Latin America’s centuries-long struggle for self-determination and independence. Operation Absolute Resolve, ordered by the Trump administration, constituted the most brutal and direct military assault on a sovereign state in the region in recent memory. In a shocking operation that left hundreds dead, President Nicolás Maduro and First Lady Cilia Flores were illegally kidnapped from Venezuelan soil and transported to the United States, where they now face fabricated charges in a New York federal detention facility. In the two months since this act of war, a torrent of speculation has emerged from so-called experts and pundits across the political spectrum. This has followed three main lines: One . The operation’s success indicated treason at the highest levels of the Bolivarian Revolution. Two . Acting President Delcy Rodríguez and the remaining leadership have abandone...

Beyond the election manifesto: Why climate is now a kitchen table issue

By Vikas Meshram*  March has long been a month of gentle transition, the period when winter softly retreats and a mild warmth signals nature’s renewal. Yet, in recent years, this dependable rhythm has been disrupted. This year, since the beginning of March, temperatures across vast swathes of the country have shattered previous records, soaring to between 35 and 40 degrees Celsius in some regions. This is not a mere fluctuation in the weather; it is a serious and alarming indicator of climate change .

The selective memory of a violent city: Uttam Nagar and the invisible victims of Delhi

By Sunil Kumar*  Hundreds of murders take place in Delhi every year, yet only a few incidents become topics of nationwide discussion. The question is: why does this happen? Today, the incident in Uttam Nagar has become the centre of national debate. A 26-year-old man, Tarun Kumar, was killed following a dispute that reportedly began after a balloon hit a small child. In several colonies of Delhi, slogans such as “Jai Shri Ram” and “Vande Mataram” are being raised while demanding the death penalty for Tarun’s killers. As a result, nearly 50,000 residents of Hastsal JJ Colony are now living in what resembles a state of confinement. 

As India logs historic emissions drop, expert warns govt against 'policy blunders'

By A Representative   In a significant development that underscores the rapid transformation of India's energy landscape, new data reveals the country recorded its largest drop in power sector emissions in 2025. However, a top power sector analyst has urged the Union Government to view this "silver lining" as a stark warning against continuing to invest in new coal, large hydro, and nuclear projects, which he argues could become "redundant" stranded assets.