I am attaching an incident of utter violation of rights of a child, not only by the domestic legal laws but also contravening the articles of UNCRC, which has been ratified by the Indian State more than decades ago and by that having the compulsion to ensure the rights of the children as par UN convention on Child.
Again a girl child is most vulnerable to infringement of her rights and here is a case where the violation was committed by a person who belongs to armed band of state machinery.
The incident was not an isolated one but in rampant throughout the Indo- Bangladesh border and taking an epidemic form.
I want to make it clear that this is not a single case where a BSF personal molested a girl child; it afflicted whole community residing along the Indo- Bangladesh border.
I am concerned by the long drawn silence of human rights institutions and requesting before your office to take up the case as an example of BSF atrocities upon the minors and appropriate actions against violation of Article 21 of Indian Constitution by which life with dignity has been ensured not only to the adults but minors also.
The incident violated various articles according to the UNCRC and its mandatory provisions which have been rested upon to the State party to guarantee for all children and our State is a party of that convention.
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of the law against such interference or attacks.
States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child.
Name of the victim: 1. Ms. Uma Haldar, Daughter of Mr. Nitai Haldar aged about 14 years, 2. Mr. Nitai Haldar, son of Late Keshab Haldar, village- Jalkar Bhomra, Post – Kasthadanga, Police Station- Haringhata, District – Nadia, West Bengal
Name of the perpetrator: Pushpendu Singh, attached with ‘G’ Company of Battalion 126 of Border Security Force, posted at Angrail BSF camp and other personnel of BSF of the said camp and battalion.
Date and time of occurrence: 10.10.2009 at about 11.00 a.m.
We have intimated by Ms. Shila Sarkar, the proprietor of the Jeebandeep Nursing Home of village- Angrail, under Jhaudanga gram Panchayet of Gaighata police station, District – 24 Parganas (north) that she and her husband Dr. Dulal Sarkar, by profession a medical professional catering medical support through their nursing home to a number of villagers living along the Indo- Bangladesh border; mainly from two districts, 24 Parganas (north) and Nadia. As the governmental health deliverance is very poor in the area, people are mainly dependent on private services.
In this case, the BSF personnel stationed at the said out post are flinching a incessant subjugation and tarnishing the dignity of persons by various measures and to majority who are coming to the said nursing home. In most of the cases the posted BSF personnel often are asking about their citizenship identity with derogating remarks and against the secular principles of our country. In each and every case they want to show the identity proof of the villagers coming for treatment and in many incidents after showing the same, they have been physically assaulted and verbally abused. In all these incidents, the matter had been solved by the intervention of BSF higher ups with the doctor and local panchayet with the victims. But now the subjugation has crossed every limit of human tolerance.
On 10.10.2009, Mr. Nitin Haldar came to the said nursing home to treated his daughter; Ms. Uma Haldar, aged about 14 years of above mentioned address, after getting treatment while they were returning, the said culprit; Pushpendra Kumar of ‘G’ Company of Battalion 126 of BSF, posted at the said place at the time of incident, forcibly restricted their movement and asked for their identity card, while they showed the same, the said BSF personnel asked Mr. Haldar about the name of the Prime Minister and others, but he failed to answer while asked about the name of the president. It was happened in full public glare and a representative of local PRI, the pradhan of Jhowdanga Gram Panchayet. The BSF personal even tried to drag the girl by holding her hand, which was in nature of molestation. The father and daughter duo screamed for rescue and after the intervention of locales and the doctor, the said BSF personal, released the girl.
The said doctor and her wife, Dr. Dulal Sarkar and Ms. Shila Sarkar made a complaint in Gaighata police station and the complaint was registered as Gaighata PS case no. 499 dated 10.10.09, under sections 341/323/506 of Indian Penal Code. In this case the said Prodhan and one Member of Gaighata Panchayet Samity, Dr. Subrata Sarkar were the witnesses and Sub Inspector, Mr. S. Ganguly has been appointed as Investigating Officer.
The victim girl and her father still in fear and do not utter many happenings due to the ongoing atrocities perpetrated by the BSF personnel posted at the said area. They only confirmed that the doctor and PRI representatives made the complaint after the torment upon them.
Though there is a registered complaint against the BSF personnel, till date nobody has been arrested, interrogated and no statements has been recorded or even the victims have been contacted by the police or who lodged the complaint; which again show the nexus between the local police and BSF, and ultimate enjoyment of impunity by the bands in uniform.