A call for justice: Human rights violation alleged against BSF personnel in North 24 Parganas

By Kirity Roy*

The National Human Rights Commission (NHRC) has been called upon to address a grave instance of alleged human rights abuse involving Mr. Asmaul Sardar, a resident of Hakimpur village, Swarupnagar Police Station, North 24 Parganas district, West Bengal. The incident occurred between November 2 and November 4, 2024, and reportedly involves severe mistreatment by Border Security Force (BSF) personnel stationed at Tarali Mini Border Outpost (BOP).

According to reports, Mr. Sardar, a farmer by profession, was stopped by BSF personnel while driving a private car on November 2, 2024. Although no illegal items were discovered at the time, he was detained and taken to the BSF's Tarali Mini BOP. Allegedly, Mr. Sardar was tied upside down to a tree and subjected to physical torture for hours.

On November 4, BSF personnel claimed to have recovered 400 locks and ₹11,200 in cash from Mr. Sardar's car, asserting his involvement in smuggling activities. It has been reported that Mr. Sardar, under duress, admitted to smuggling activities, citing lack of local employment opportunities as the driving factor. Subsequently, he was provided medical treatment and released.

The incident raises several troubling concerns. Firstly, Mr. Sardar was reportedly not handed over to the local police, a standard procedure in such cases. Instead, he was allegedly subjected to illegal confinement and physical abuse during his custody with the BSF. Such treatment starkly violates constitutional safeguards provided under Article 21 of the Indian Constitution, which ensures the right to life and dignity, even in custody.

Moreover, the Supreme Court of India has consistently upheld that individuals in custody must not be subjected to torture or degrading treatment, emphasizing the importance of humane treatment and adherence to legal procedures.

In light of these serious allegations, the following actions have been urged:

1. Comprehensive Investigation: A thorough and impartial investigation into the alleged torture and illegal confinement of Mr. Asmaul Sardar by BSF personnel at the Tarali Mini BOP.

2. Accountability: Legal action against the BSF personnel responsible for the human rights violations, ensuring they are held accountable under the law.

3. Compensation and Support: Provision of adequate compensation and medical care for Mr. Sardar to address the physical and mental trauma he endured.

4. Procedural Safeguards: Strict enforcement of procedural safeguards in all cases of detention and interrogation by the BSF, preventing recurrence of such incidents.

This case underscores a broader concern regarding the treatment of individuals in custody, particularly in border areas. While combating unlawful activities like smuggling is essential, it must not come at the cost of violating basic human rights. Upholding the principles of justice and dignity is imperative to maintaining trust in law enforcement agencies.

The NHRC's intervention in this matter is not just crucial for delivering justice to Mr. Sardar but also for reinforcing the commitment to human rights and the rule of law. Let this serve as a reminder that no individual, regardless of their circumstances, should be denied their fundamental rights.

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*Secretary, Banglar Manabadhikar Suraksha Mancha (MASUM)

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