BSF personnel 'occupy' land owned by two Dalit women, authorities indifferent

By Kirity Roy* 

This is regarding an incident involving two families who have suffered from criminal trespass and illegal tree cutting by personnel of the Border Security Force (BSF) at Barnaberia village, located in the Gaighata block of North 24 Parganas. 

This action contravenes Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. The actions of the BSF not only infringe upon constitutional rights but also fall under the purview of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, particularly given that the affected villagers belong to Scheduled Caste (Dalit) and other marginalized communities. 

The land in question was not in the possession of the BSF personnel who cut down trees without prior notification or approval from the landowners. 

Furthermore, the personnel failed to provide a seizure list or deposit the harvested timber with the police. Access to the incident location is restricted, requiring authorization from the BSF due to the land being governed by the Barnaberia Border Outpost (BOP) of the 05 BN BSF. 

Consequently, no person can bring anything from outside or remove items from the location without BSF authorization. Immediate intervention is necessary to address this situation with the following demands:

• Hold the Barnaberia BOP of 05 BN BSF accountable under the command of Company Commander Haokhomang T for criminal breach of trust regarding the property of Purnima Dhali and Laxmi Karmakar. 
• Charge the perpetrators with the illegal appropriation and destruction of the property of Purnima Dhali and Laxmi Karmakar. 
• Ensure that the BSF authorities protect the interests of villagers living near the border.
• Allow the victims to cultivate their agricultural lands without interference from the BSF. 
• Provide justice and compensation to the victims from the BSF. 
• Safeguard the lives and livelihoods of villagers in border areas. 
• Ensure security for the family members of the victims. 

There is a need to investigate this matter and take appropriate legal action against the offenses. 

Case details: 

Purnima Dhali, the widow of late Sukumar Dhali, and Laxmi Karmakar, the widow of Naren Karmakar, are farmers from Barnaberia village in the Gaighata block of North 24 Parganas, relying on agriculture for their family's sustenance. 

Historically, the Ichamati River has provided irrigation for their lands. However, due to lack of government intervention, the river has become blocked with mud, garbage, and water hyacinths, leading to waterlogged agricultural fields each rainy season. 

To mitigate this issue, Purnima Dhali and Laxmi Karmakar planted trees and bamboo, which became their primary income sources, and the BSF had previously not objected to their planting efforts. However, as these trees matured, BSF personnel began illegally felling them without permission while the owners were absent. 

BSF forces unlawfully entered their land, resulting in the destruction of 2 bamboo plantations from Purnima Dhali's land and 6 Betel Nut trees, 8 Malaysian Lombu trees, 9 Indian Rosewood trees, 2 Coconut trees, and 2 Jujube trees from Laxmi Karmakar's property. 

These actions occurred on September 18, 2024, and October 8, 2024, between 12 a.m. and 2 p.m., leading to a reported economic loss of approximately 2 lakhs for Laxmi Karmakar and several thousand for Purnima Dhali. This loss is substantial for small-scale farmers like them, leaving them devastated by the arbitrary actions of the BSF personnel. 

Following these incidents, both women sought assistance from local panchayat members and approached BSF officials on October 8, 2024, to report these illegal activities. However, their requests for compensation were dismissed, with BSF personnel claiming to have acted under superior orders. 

Both Purnima and Laxmi also received threats regarding the potential confiscation of their land for road construction by BSF officers. They subsequently filed written complaints with the Sub-Divisional Officer (SDO) of Bongaon and the Officer in Charge of the Gaighata police station, but have yet to see any action taken. 

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*Secretary of Banglar Manabadhikar Suraksha Mancha, Hooghly. This article reflects the author's representation to the acting chairperson of the National Human Rights Commission.