Undue and Illegal restrictions & continued torture by BSF- IMPUNITY
Biplab Mukherjee<> / 10 October 2017 at 12:52To: , "" <>
Cc: BSF North Bengal <>, Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, MHA JS Border Management <>, MHA JS Human Rights <>, UN SR On Torture <>, "UN SR Special Rapporteur On Truth, Justice, Reparation" <>
To10.10.2017
The Chairman,
National Human Rights Commission,
Manav Adhikar Bhawan,
Block-C, GPO Complex, INA
New Delhi- 110023
Respected Sir,
I lodge this present complaint bringing to your notice the following facts and seek your intervention.
On 21.07.2017 the villagers of Suknagar village, under Aiho Gram Panchayat, Police Station-Habibpur, District- Malda; West Bengal filed a written complaint before the Superintendent of Police, Malda. In the said complaint the villagers (total 58 signatories in the complaint) stated that they are the permanent residents of village-Suknagar, Post Office-Aiho, Block-Habibpur, Mouza- Jadabnagar, J. L. No.248, Police Station-Habibpur, District-Malda; West Bengal. The village is close to Indo-Bangladesh border and the Border Security Force (BSF) erected fence through the said village leaving vast area of farming lands of the villagers on the other side of the fencing towards Bangladesh.
The villagers stated that many of the residents of the village including the women and children are being tortured by the BSF personnel of Company-E, Battalion-82 posted in the area in and around the vicinity of village-Suknagar. They nature of torture they are facing in the hands of the BSF personnel such as:-
i)The BSF personnel forcibly felling down the bamboos from the ownership lands of the villagers and take away bamboos without compensating the villagers. Besides that the BSF personnel force the villagers to give free labour in using the bamboos to the requirement of the BSF personnel.
ii)The BSF does not open the fence gates for villagers on time for the purpose of visiting their lands situated at the other side of the fencing for cultivation. About seven months ago, the BSF used to open the fence gate at 6am but at present the BSF opens the fencing at 8am. Sometimes BSF does not open the gate. As a result standing crops are being damaged. The BSF personnel force the villagers to give free labour before passing through the fencing gate such they are compelled to do cleaning inside the BSF camps and other works as per wish of the BSF personnel.
iii)The villagers are restrained by BSF from cultivating jute, corn, papaya tree and any other crop which stand up to 4 feet and above in their farming lands situated on the other side of fencing towards Bangladesh. As a result the villagers are becoming economically weaker day by day.
iv)The BSF personnel also restrain the villagers from taking fertilizers and pesticides to their farming lands located on the other side of the fencing towards Bangladesh. As result of such forcible restraint, the growing crops do not get timely care at regular intervals for want of fertilizers and pesticides and the farmers suffer economically.
v)The BSF personnel at night in drunken condition harass, beat and abuse the villagers. At night the BSF personnel trespass into the houses of the villagers and try to take away the cattle used for farming. Moreover the BSF personnel harass the villagers in case of civilians needed emergency medical treatment at night.
vi)The BSF personnel abuse the school going girls and boys when they pass the BSF camp.
The villagers submitted the said written complaint before the Superintendent of Police, Malda demanding relief from the above mentioned problems and undue restrictions by BSF personnel posted in their village-Suknagar. Mr. Feku Mondal, being a member of Aiho Gram Panchayat signed on the said complaint affirming the difficulties and involvement of BSF personnel on the same, faced by the villagers are true. However in spite of receiving the said complaint, the Superintendent of Police, Malda did not take any action till date. Our fact finding team talked with the villagers and they narrated their problems as stated above and they also mentioned that till date they did not get any respite.
For the alarming situation of the said village and consequent attacks on life and livelihood, physical and psychological tortures upon the villagers I hereby appeal your good office for an independent investigation over the issues. I also urge to consider the following demands-
·An immediate halt to any restriction on livelihood and freedom of occupation of the villagers of village-Suknagar as guaranteed in Indian Constitution.
·Farmers have Right to cultivate their own land, it should be maintained. Secure the right to life and livelihood under Article 21 of Constitution of India and authority concerned must be directed to stop any threat and illegal restriction on the life and livelihood of the villagers of village-Suknagar.
·Any threat and unlawful restriction on the right to cultivate must be treated as criminal offence and it should be registered under the law followed by proper investigation.
·The school going girls and boys of village-Suknagar must be protected from any kind of verbal abuse in the hands of BSF personnel.
·The role of the BSF at night became nightmare for the villagers. All the crimes for physical torture and cattle grabbing must be investigated and perpetrators must be booked under relevant penal charges.
Here I enclosed the list of villagers of Suknagar who signed in the above stated written complaint dated 21.07.2017 submitted before the Superintendent of Police, Malda with detail of their addresses and land records.
Thanking you,
Yours faithfully
Biplab Mukherjee
Secretary, MASUM
Name of the Villagers ofVillage-Suknagar / Land record1 / Mr. Tenu Mandal, son of Late Kuran Mandal / Mouza- Jadabnagar, JL No-248, Dag no.270/507, Khatiyan no.1
2 / Mr. Sushil Mondal, son of Late Srihari Mandal / Mouza-Jadabnagar, JL No-248, Dag no.-449/733, Khatiyan no.993
3 / Mr. Pateshu Mandal, son of Late Bechulal Mandal / Mouza-Jadabpur, JL No-248, Dag no.449/733, Khotiyan-993
4 / Mr. Dhiren Mandal, son of Late Bechulal Mandal / Mouza-Jadabpur, JL No-248, Dag no.449/733, Khatiyan-993
5 / Mr. Jagadish Pramanik, son of Late Kalipada Pramanik / Mouza-Jadabpur, JL No-248, Dag no.491/510, Khatiyan no.1
6 / Mr. Sripodo Choudhury, son of Late Debnarayan Choudhury / Mouza-Jadabpur, JL No-248, Dag no.486/956, Khatiyan no.2450
7 / Mr. Pashupati Mandal, son of Late Bechulal Mondal / Mouza-Jadabpur, JL No-248, Dag-499/733, Khotiyan-993
8 / Mr. Jawharlal Choudhury, son of Joylal Choudhury / Mouza-Jadabpur, JL No-248, Dag-270/507, Khotiyan-1
9 / Mr. Motilal Choudhury, son of Late Sahangu Choudhury / Mouza-Jadabpur, JL No-248, Dag-269, Khotiyan-572
10 / Mr. Nakul Pramanik, son of Late Sotish Pramanik / Mouza-Jadabpur, JL No-248, Dag-269, Khotiyan-1
11 / Mr. Robi Mandal, son of Late Rakhal Mondal / Mouza-Jadabpur, JL No-248, Dag-270/507, Khotiyan-1
12 / Mr. Baidyanath Pramanik, son of Sotish Pramanik / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
13 / Mr. Bablu Pramanik, son of Judhisthir Pramanik / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
14 / Mr. Pandob Pramanik, son of Kalipada Pramanik / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
15 / Mr. Bishnu Pramanik, son of Naba Pramanik / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
16 / Mr. Roket Mandal, son of Late Gobordhon Mandal / Mouza-Jadabpur, JL No-248, Dag-489, Khotiyan-1
17 / Ms. Sohagi Mandal, wife of Late Suren Mondal / Mouza-Jadabpur, JL No-248, Dag-489, Khotiyan-1
18 / Mr. Dwijen Mandal, son of Late Romesh Mandal / Mouza-Jadabpur, JL No-248, Dag-490, Khotiyan-1
19 / Mr. Dablu Mandal, son of Late Murlidhor Mondal / Mouza-Jadabpur, JL No-248, Dag-487, Khotiyan-1
20 / Mr. Ashok Singha, son of Late Atul Chandra Singha / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
21 / Mr. Bhadu Mandal, son of Late Jhabu Mandal / Mouza-Jadabpur, JL No-248, Dag-489, Khotiyan-1
22 / Ms. Kajol Mandal, wife of Mr. Haripada Mandal / Mouza-Jadabpur, JL No-248, Dag-485, Khotiyan-1
23 / Mr. Ishwar Mandal, son of Late Goyanath Mandal / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
24 / Mr. Bhelu Mandal, son of Late Goyanath Mandal / Mouza-Jadabpur, JL No-248, Dag-489, Khotiyan-1
25 / Ms. Joba Mandal, wife of Raju Mondal / Mouza-Jadabpur, JL No-248, Dag-270/507, Khotiyan-1
26 / Mr. Swapan Mandal, son of Late Kalipada Mondal / Mouza-Jadabpur, JL No-248, Dag-270/507, Khotiyan-1
27 / Mr. Prafulla Mandal, son of Late Jhoru Mandal / Mouza-Jadabpur, JL No-248, Dag-489, Khotiyan-1
28 / Mr. Dhiren Mandal, son of Late Gudha Mandal / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
29 / Mr. Bhadu Mandal, son of Late Karuna Mandal / Mouza-Jadabpur, JL No-248, Dag-488, Khotiyan-1
30 / Mr. Kartik Mandal, son of Kashinath Mondal / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
31 / Mr. Situ Mandal, son of Late Jhabu Mandal / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
32 / Mr. Arun Mandal, son of Late Jhabu Mondal / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
33 / Mr. Atul Pramanik, son of Late Gobinda Pramanik / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
34 / Mr. Asit Pramanik, son of Atul Pramanik / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
35 / Mr. Dipok Mandal, son of Jhabu Mondal / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
36 / Mr. Binoy Mandal, son of Late Jhabu Mondal / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
37 / Mr. Kashinath Mandal, son of Late Mahesh Mandal / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
38 / Mr. Sonaton Pramanik, son of Late Sudhir Pramanik / Mouza-Jadabpur, JL No-248, Dag-491/510, Khotiyan-1
39 / Mr. Thakur Das Mandal, son of Late Satish Mondal / Mouza-Jadabpur, JL No-248, Dag-489, Khotiyan-1
40 / Mr. Sona Mandal, son of Late Romesh Mondal / Suknagar village, under Aiho Gram Panchayat, Police Station-Habibpur
41 / Ms. Anima Pramanik , wife of Asit Pramanik / Do
42 / Mr. Mithul Sarkar, son of Late Pratap Sarkar / Do
43 / Ms. Fulkumari Mandal, wife of Mr. Niren Mondal / Do
44 / Ms. Nilima Pramanik, wife of Mr. Naba Pramanik / Do
45 / Ms. Santona Mandal, wife of Mr. Kartik Mandal / Do
46 / Ms. Mampi Mandal, wife of Mr. Binoy Mandal / Do
47 / Ms. Mousumi Mandal, wife of Mr. Niren Mandal / Do
48 / Ms. Aduri Mandal, wife of Mr. Ajit Mondal
49 / Ms. Golapi Mandal, wife of Mr. Binoy Mandal / Do
50 / Ms. Usha Mandal, wife of Mr. Dipok Mandal / Do
51 / Ms. Paly Mandal, wife of Late Swadhin Mandal / Do
52 / Ms. Dulali Mandal, wife of Late Habu Mandal / Do
53 / Ms. Chumki Mandal, wife of Late Niren Mondal / Do
54 / Ms. Archana Mandal, wife of Late Habu Mondal / Do
55 / Ms. Parul Mandal, wife of Arun Mondal / Do
56 / Ms. Minoti Mandal, wife of Mr. Situ Mondal / Do
57 / Ms. Purnima Mandal, wife of Prafulla Mondal / Do
Complaint to the Superintendent of Police and details of the affected