Upholding the livelihood rights of marginalized fishermen in Barnaberia village

By Kirity Roy*

The livelihood of the scheduled caste fishermen community of Barnaberia village, Jhaudanga Gram Panchayat, Gaighata Block, North 24 Parganas, is under severe threat. Despite being rightful holders of government-registered Fishermen Cards, they face unjust restrictions imposed by the Border Security Force (BSF) from fishing in the Ichhamoti River—a critical resource for their survival.

The Ichhamoti River, which forms the Indo-Bangladesh border in this region, has historically been a lifeline for local fishermen. While there is no barbed-wire fencing demarcating the two nations, the river has served as an enduring means of sustenance for these communities. A written permission issued on December 20, 2022, by the then Dobarpara BSF Company Commander allowed 25 fishermen to fish in the river. This permission was further upheld by an SDEM court order, underscoring their fishing rights.

However, these rights are now being flagrantly disregarded. The current BSF Dobarpara BOP Company Commander, Mr. Howkhmat T., has arbitrarily revoked these permissions without considering the court’s directive. Moreover, Bangladeshi fishermen continue fishing freely in the same river, unimpeded by either the BSF or the Border Guard Bangladesh (BGB). This discriminatory enforcement not only violates the constitutional rights of Indian fishermen but also deepens their economic and social distress.

Repeated efforts to address the issue have yielded no resolution. On March 2, 2024, Banglar Manabadhikar Suraksha Mancha (MASUM) brought this matter to the notice of key authorities, including the Chief Secretary of West Bengal, the Fisheries Department, and the District Magistrate of North 24 Parganas. Yet, no action has been taken.

The affected fishermen also approached the Court of SDEM, Bongaon, filing an application under Sections 107 and 116 of the CrPC against BSF officials, which resulted in a favorable court order. Disregarding this directive, the BSF has continued to threaten the fishermen, exacerbating their plight.

A written complaint was submitted to the SDO office on September 30, 2024, but even after two months, there has been no progress. The inaction has intensified the economic hardships of the fishermen, who are entirely dependent on the river for their livelihood, especially during the monsoon when agricultural activities are unfeasible.

The actions of the BSF violate fundamental rights enshrined in the Indian Constitution. Article 21 guarantees the Right to Livelihood, while Article 19(1)(g) provides citizens the freedom to practice any profession or occupation. Denying the fishermen access to their sole means of sustenance undermines these constitutional guarantees and violates principles of justice and equity.

It is imperative that the National Human Rights Commission (NHRC) intervenes to ensure justice for the fishermen of Barnaberia village. The following steps are crucial:

1. Enforcement of Court Orders: The SDEM court order permitting fishing activities in the Ichhamoti River must be implemented without further delay.

2. Cessation of Arbitrary Restrictions: The BSF must be directed to stop imposing unjust restrictions on the fishermen and to uphold their dignity and rights.

3. Facilitation of Dialogue: A meeting involving the BSF, local administration, and affected fishermen should be organized to establish a clear, equitable protocol for fishing activities in this border area.

4. Balanced Approach to Security: While national security is paramount, it should not come at the cost of the fundamental rights and livelihoods of citizens.

The Ichhamoti River is not merely a body of water but a lifeline for the fishermen of Barnaberia village. Denying them access to this resource endangers their very survival. As India celebrates 75 years of independence, it is disheartening to see marginalized communities fighting for basic rights.

The NHRC’s timely intervention can help restore dignity, justice, and livelihood to these affected families. Upholding the constitutional rights of these fishermen will not only address their grievances but also reaffirm the nation’s commitment to justice and equity.

---

*Secretary, Banglar Manabadhikar Suraksha Mancha (MASUM)

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