West Bengal farmers allege illegal land encroachment by BSF near border with Bangladesh

By Kirity Roy*

In a troubling report from North 24 Parganas, two farmers—Abdur Rauf Gayen from Swarupdaha village and Saharab Sardar from Hakimpur village (photos)—are facing criminal trespassing and forceful land acquisition attempts by Border Security Force (BSF) personnel. They claim these actions violate Articles 21 and 300A of the Constitution of India.

The affected farmers, Gayen, son of Abul Hosen Gayen, and Sardar, son of the late Mahasin, depend on their agricultural lands as their primary source of income. Together, they cultivate a total of 56 decimal of land located approximately 1.5 kilometers from the Hakimpur bus stand.

Both villages are situated near the Indo-Bangladesh border along the Sonai River, with the jurisdiction of the Swarupnagar police station. While the BSF previously operated near the riverbank, they have recently relocated closer to Hakimpur, raising concerns among local residents.

On October 3, 2023, Gayen and Sardar filed a complaint with the Swarupnagar police against the 112 Battalion BSF NAGA Company, based at the Tarali Border Out Post (BOP). They alleged that BSF personnel attempted to forcibly occupy their land to construct a temporary check post and subsequently threatened them when they tried to prevent the encroachment by erecting a boundary wall.

The matter is currently pending in the High Court of Calcutta, following the filing of Writ Petition WPA 24840/2023, which was affirmed on October 12, 2023. Despite this legal action, the situation escalated when, on July 17, 2024, the Company Commander of the 143 Battalion BSF again sought to take measurements on the same land without the owners' consent.

Both Gayen and Sardar claim they have faced ongoing harassment from BSF personnel, jeopardizing their livelihoods. In response to the continued encroachment, the farmers lodged a formal complaint with the Officer In Charge at Swarupnagar police station on July 19, 2024.

They also submitted grievances to senior BSF officials and local authorities via speed post on August 11, 2024, but no action has been taken by the respective authorities.

These allegations highlight a serious concern regarding criminal trespass, as defined under Section 329(1) of the Indian Penal Code.

Given these circumstances, the farmers are calling for urgent intervention with specific demands:

Immediate cessation of all attempts by BSF personnel to seize their land.
The registration of a specific criminal case against the Commandant of the 112 BN BSF and the Company Commander of the Tarali BOP for their involvement in the alleged land grabbing.
Accountability for the Officer in Charge of Swarupnagar police station for failing to act on a cognizable offense.
A directive for the BSF to operate solely within the actual International Boundary Pillar (IBP) to monitor and control illegal cross-border trafficking, rather than encroaching on village lands.
Assurance that the farmers can cultivate their agricultural lands without interference from BSF personnel.
Justice and compensation for both farmers from BSF authorities.
Transparent legal processes should they require the land for governmental purposes, ensuring lawful acquisition and adequate rehabilitation for the farmers.

The situation remains tense as the farmers seek resolution and protection of their rights amidst ongoing threats to their livelihood.

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*Secretary, Banglar Manabadhikar Suraksha Mancha (MASUM). This article is based on the author's representation to the National Human Rights Commission chairperson

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