Muslim women barbarically assaulted by BSF in broad day light. Hospitalized.Partisan police. IMPUNITY

Kirity Roy<> / 7 June 2017 at 13:54
To: "Justice Shri H. L. Dattu" <>,
Cc: BDO Dinhata l <>, BSF North Bengal <>, Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, DG BSF <>, DG Eastern Command BSF <>, DM DakshinDinajpur <>, MHA JS Human Rights <>, Pro Bsf <>, SDO Dinhata <>, Secy Food & Supplies W B <>, SP Cooch Behar <>, UN SR on coercive measures <>, UN SR On Torture <>, OHCHR <>, "UN SR VAW Ms. RashidaManjoo" <>

To7 June 2017

The Chairman

National Human Rights Commission

ManavAdhikarBhawan

Block-C, G. P. O. Complex, INA

New Delhi-110023

Respected Sir,

I lodge this present complaint for the victim women namelyMs. KulsumBewa and Ms. SonaliBibi from District-Cooch Behar, West Bengal. They are victims of violation of their human rights by public servants. On 19.05.2017 they were brutally assaulted by the perpetrator Border Security Force (BSF) personnel of Battalion-101. On the date of the incident perpetrators were posted at BSF Out-Post no.5 and 6 under Gitaldaha BSF Border Out-Post Camp, Police Station-Dinhata, District-Cooch Behar. The victims were medically treated at government hospital under admission for three days and their medical treatment records are in corroboration of physical assault upon them. Ms. KulsumBewa sent a written complaint to the Superintendent of Police, Cooch Behar disclosing the incident but till date the complaint did not bring any legal action against the perpetrator BSF personnel due to inaction of the police though the complaint disclosed information of commission of cognizable offence. Our attached fact finding report gives details of the incident.

The incident of torture upon the victim women by the perpetrator Border Security Force personnel and subsequent inactive role of police was against the pledge which the Government of India has taken during the Fourth World Conferenceon women; known as Beijing Declaration; where the government had said that they are determined to Prevent and eliminate all forms of violence againstwomenand girls. The perpetratorBSFpersonnel violated Articles 2, 5, 7 and 8 of the UN Code of Conduct for law Enforcement Officials. They also violated Articles 7 and 17 of ICCPR (International CovenantonCivil and Political rights), Article 21 of the Constitution of India and legitimize our long standing demand for immediate ratification of United Nations Convention againstTortureand Other Cruel, Inhuman or Degrading Treatment and Punishment. I seek the Commission’s urgent intervention on my present complaint and I hope that the Commission would consider my following demands of the justice for the victims:-

·The matter should be enquired into by one neutral authority preferably by the Commission’s own investigating wing.

·The complaint sent by the victim Ms. KulsumBewa to the Superintendent of Police, Cooch Behar should be registered as an FIR against the perpetrator BSF personnel at Dinhata Police Station followed by an impartial investigation.

·Steps should be taken against police of Cooch Behar for violating the direction given by apex court of India in LalitaKumari v. Govt. of U.P [W.P.(Crl) No; 68/2008]

·BSF should be posted near zero line, not in the villages – 3 kilometers inside the territory.

·The victims should also be protected from any kind of threat, coercion and intimidation.

·That the victims should be provided with adequate compensation.

·Any other relief as the Commission may deem fit and proper for the victims

Thanking you,

Yours truly

Kirity Roy

Secretary, MASUM

National Convener, PACTI

Particulars of the victims: - 1. Ms. KulsumBewa, wife of Late Amtaj Mia, aged about-46years and 2. Ms. SonaliBibi, wife of Mr. ShahidarBibi, aged about-28 years and both by religion-Muslim and residing at village-Bhorampayast, Block-Dinhata-I, Post Office-Gitaldaha, Police Station-Dinhata, District-Cooch Behar, West Bengal, India.

Particulars of the perpetrators: - The involved Border Security Force (BSF) personnel of BSF Out-Post no.5 & 6 under Gitaldaha Border Out-Post (BOP) Camp, Battalion-101, Police Station-Dinhata, District-Cooch Behar; one of them known as Mr. AsainatSingh

Place of the incident: - On Dakbangla-Ghoshpara Road in between BSF out-Post no.5 and 6 under Gitaldaha Border Out-Post, Police Station-Dinhata.

Date & time of the incident: - on 19.05.2017 at about 3.30pm

Fact Finding Details:-

It is revealed during the fact finding that the victim Ms. KulsumBewa resides in village-Bhorampayasti under Dinhata Police Station. The said village is close to Indo-Bangladesh border.

After the death of her husband, she has only son and daughter-in-law in her family. She and her daughter-in-law earn their livelihood by working as day-labour in the farming lands of others. Her son also contributes in the family by working as day-labour by going outside of the village.

On 19.05.2017 in the morning she went to work as day-labour in a farming land situated close to a bridge at Ghoshpara. On that day her son went to Dinhata for a family purpose. On return home, he found the house under lock and key. He tried to find out his mother i.e. the victim to get the key of the house. He was going through Dakbangla-Ghoshpara Road to reach to his mother. The road is guarded by BSF by installing six BSF out-Post alongside the road and the said road is about three kilometers inside from Indo-Bangladesh border. When he was on road in between the BSF Out-Post no.5 and 6, the BSF personnel of BSF out-post no.5 caught him and started to assault him. At that time the BSF personnel of BSF Out-Post no.6 also reached there. On hearing his cry for help the victim Ms. KulsumBewa rushed to the spot and with her another local lady namely Ms. SonaliBibi ran to the spot to rescue him. On reaching there, they pleaded before the BSF personnel to release him. But the BSF personnel did not pay any heed and started to assault the victim Ms. Kulsum and Ms. SonaliBibi by fists and blows and also by sticks. During the assault they were also abused by the perpetrator BSF personnel in filthy languages. The victim Ms. KulsumBewa due to the assault sustained swelling injuries on several parts of her body and Ms. SonaliBibi hurt by beatings by sticks on her head, hands and neck. Ms. SonaliBibi started vomiting on the spot. They were writhing in pain. In the meantime local people came and they rescued the victims and took them to Dinhata Sub-Divisional Hospital by an ambulance. Both of them admitted in the said hospital for consecutive three days and on 21.05.2017 they were released from the hospital. As per doctor’s advice CT Scan of brain of Ms. SonaliBibi was also done.

On 25.05.2017 the victim sent a written complaint to the Superintendent of Police, Cooch Behar disclosing the incident but till date no action has been taken on her complaint.

But Dinhata police registered one case being No. 481/17 dated 19/5/17 (GR No. 528/17) under sections 186 / 188 / 353 / 325 / 332 / 34 Indian Penal Code against the victims.