By A Representative
A human rights organisation, Banglar Manabadhikar Suraksha Mancha (MASUM) has urged the West Bengal government to intervene immediately in the alleged detention, deprivation of basic necessities and denial of medical treatment to a 25-year-old Bangladeshi woman and her two-year-old son in Murshidabad.
In a complaint signed by MASUM convenor Kirity Roy to the Principal Secretary of the West Bengal government, the organisation alleged that Khadija Aktar Nadi and her son, Mohammad Abdullah, have been confined since July 22 after the woman surrendered before Sagardighi Police Station. According to the organisation, the mother and child were subsequently taken to Ahiran Hat Police Line, where they are allegedly being kept in a building being used as a detention centre.
MASUM said its fact-finding team received information that the woman and child had remained in detention for about a month, allegedly without adequate food, clothing, medicines and other basic necessities. The organisation has sought an independent and impartial inquiry into the circumstances surrounding the woman's surrender and subsequent detention.
The complaint said Nadi had come into contact with Allarakha Sk., a resident of Sagardighi, through social media and that their acquaintance developed into a consensual relationship. MASUM alleged that she later entered India through the international border with the assistance of intermediaries or touts and subsequently married Allarakha according to their personal law or custom. Their son was born on July 29, 2024.
According to the complaint, Nadi's family was allegedly told by the Officer-in-Charge of Sagardighi Police Station, with the assistance of a local imam known as “Hafez Dada,” that she should be surrendered to the police and would be sent back to Bangladesh within five to seven days. Acting on the representation, Nadi reportedly went to the police station on July 22 accompanied by her child and mother-in-law.
MASUM alleged that the woman's medical condition has now become particularly serious. It said she had been suffering from chest pain and difficulty in breathing for around seven days, while her son was reportedly suffering from cold and fever.
“Such alleged denial of medical care is deeply disturbing and potentially constitutes a serious violation of their right to life, dignity and bodily integrity,” the organisation said in its complaint.
The organisation further alleged that the Suti Police and BSF were shifting responsibility onto each other while the woman and child remained without effective medical assistance or a clear explanation of their legal status.
MASUM also questioned the legal basis for the continued confinement. Citing constitutional safeguards, it said that even if Nadi were alleged to be a foreign national or to have entered India unlawfully, “such allegation cannot by itself justify indefinite or arbitrary detention without following the procedure established by law.”
The organisation said the continued detention of the child required particular scrutiny because the child was not alleged to have committed any offence. It called for the child's best interests to remain the primary consideration and urged authorities not to subject him to punitive or immigration detention merely because of his mother's alleged status.
MASUM has asked the government to establish the specific legal authority under which the mother and child are being detained, determine whether any FIR, detention order, immigration proceeding or judicial order exists, and ascertain whether Nadi has been produced before a competent court or authority.
It has also sought immediate medical examination of both mother and child, adequate food, drinking water, clothing, sanitation and bedding, as well as access to legal assistance and an effective opportunity to challenge the detention.
The organisation called for preservation of CCTV footage, station diary and general diary entries, detention and medical records, visitor registers and other documentary evidence relating to Nadi's custody since July 22.
MASUM additionally urged an investigation into allegations concerning intermediaries and possible links involving police or border-security personnel in facilitating Nadi's entry into India or subsequently procuring her surrender.
“The nationality or immigration status of a person cannot extinguish the State's obligation to respect human dignity and fundamental rights,” MASUM said.
The organisation concluded that, if verified, the allegations would indicate a serious failure of constitutional and administrative responsibility and urged the Principal Secretary to personally intervene to safeguard the life, health, dignity and legal rights of the woman and her child.
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