West Bengal, India
On 05/09/2009 Ms. Halima Bibi including her minor daughter Ms. Kulduma Khatun (age-12 years) and her two minor friends became victims of torture in the hands of Border Security Force (BSF) personnel of Bamnabad BSF camp in a remote village-Char Lalkup, District-Murshidabad, West Bengal near Indo-Bangladesh Border. They were physically assaulted as well as verbally abused in the hands of the involved BSF personnel. The possibility of prosecution against the involved BSF personnel is negated by the fact that the concerned police station is still not inclined to take any action though having received specific complaint from the victim’s side.
Some section of BSF has been forcibly trying to dominate each and every tit bits of daily life, livelihood, and family matters of the villagers residing near border areas by resorting to torturous criminal acts. As a result the inhabitants particularly women and children are the worst sufferers. The free discharge of personal freedom and liberty became a distant reality for them as their dignity and respect is under continuous threat and peril.
The perpetrator BSF personnel completely violated the Right to life and liberty of the victim as ensured by Article 21 of the Constitution of India.
Details of the case.
Name of the victim(s):- (1) Ms. Halima Bibi wife of Mr. Majid Seikh, aged about-42 years; (2) Ms. Kulduma Khatun, daughter of Mr. Majid Seikh, aged about-12 years, resident of village: Char Lalkup, Post Office: Bamnabad, Police Station: Raninagar, District: Murshidabad, West Bengal, India
Name of the perpetrator(s):- (1) one Sub Inspector of Border Security Force; (2) Mr. Pal, Constable of Border Security Force; (3) One Habilder of Border Security Force, all belonged to Bamnabad BSF Camp, Battalion-191, Company-F, Police Station-Raninagar, District-Murshidabad; (4) The Officer-in-Charge of Raninagar Police Station.
Place of Incident: - In front of the victim’s house at Village - Char Lalkup, Post Office: Bamnabad, Police Station: Raninagar, District: Murshidabad, West Bengal.
Date and time of incident: - On 05/09/2009 at about 7 a.m.
Case Details:- It is revealed during our fact finding effort that the victim lost most of their agricultural land due to erosion of river Padma. They built up a Bathan Bari (a little hut, adjoining agricultural land) on char land and i.e. land emerged from river Padma and somehow to run their family by meager cultivation.
On 05/09/2009 in the morning Ms. Kulduma Khatun (age-12 years) daughter of Ms. Halima Bibi and her classmates namely Ms. Sagora Khatun and Ms. Jharna Khatun decided not go to school as Teacher’s Day was celebrated in their school. They are all students of class-V. In the morning at about 7 a.m. they were playing and gossiping sitting on a bamboo thatch in front of Ms. Halima Bibi’s ‘Bathan Bari’ (a little hut, adjoining agricultural land) near her residential house, at village-Char Lalkup village, District- Murshidabad.
In the mean time three BSF personnel consisting of one Sub Inspector, one constable named Mr. Pal and one Habilder, all of Bamnabad BSF Camp and in plain cloth reached there and suddenly the Sub Inspector slapped on the cheek of Ms. Kulduma Khatun without any reason. Ms. Sagora Khatun asked the said BSF personnel about the reason of such sudden physical abuse. It made them angry and Mr. Pal, BSF constable started beating her by a bamboo stick. Ms. Sagora Khatum and Ms. Jharna Khatun somehow managed to run inside the house of Ms. Halima Bibi. But Ms. Kulduma Khatun was again beaten up by the perpetrator BSF personnel. Hearing the cry of her daughter Ms. Halima Bibi came out of her house and could identify them as BSF personnel. She tried to release her daughter from the clutches of the said BSF personnel vehemently protesting against their torturous acts.
As a consequence Ms. Halima Bibi was abused in filthy and sexually intimidating languages by the said BSF personnel. Even Mr. Pal, the BSF Habilder threatened Ms. Halima Bibi and her husband Mr. Majid Seikh that if they dare to proceed against them over the incident then their house would be demolished and they would be thrown out of the village. Before leaving the place of incident they also threatened Ms. Halima Bibi and her husband to falsely implicate and arrest them in a case of smuggling.
On the same day (05/09/2009) Ms. Halima Bibi lodged a written complaint at Raninagar Police Station. The police only recorded the matter in a general dairy entry book vide General Diary Entry No. 222/09 dated 05/09/2009 and thus they washed their hand. The police neither initiated any criminal case nor took any action against the perpetrators BSF personnel till date.