6 October 2021
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi-110023
Respected Sir,
This is to bring into your attention an incident of abduction and killing of a poor, marginalized innocent villager from Char Rajapur Paschim Colony village under Raninagar police station area in Murshidabad district of West Bengal. The victim was doing some agrarian work in his own field located in a ‘char’ (alluvial plain on a river) across the border fencing, about 1 kilometer form the Indo-Bangladesh border inside Indian territory, when he was taken by the Border Guard of Bangladesh (BGB). The next day his dead body was seen floating in the river with handcuffs in his hand.
The agricultural land in which he was working is located inside the Indian territory but outside the fencing. According to locals, there were other villagers working in the fields nearby when the BGB personnel came into Indian territory and abducted the victim, but they managed to escape. The brutal incident raises several questions on the safety and security of the Indian citizens residing along the border. Our concern is:
· How can armed forces from the neighboring country enter Indian territory and abduct and kill an Indian citizen?
· Why was BSF not posted at the international border to contain intruders from entering Indian territory?
· Why was BSF not able to protect the integrity of the international border?
· Who is responsible for the safety and security of the Indian citizen residing at the border villages?
The incident not only violated the rights guaranteed in Article 19 and 21 of Indian Constitution but also the premise of Article 6, 7 and 12 of International Covenant on Civil and Political Rights as well as the Goal No. 8 and 16 of Sustainable Development Goal earmarked by United Nations and in both these international instruments; the government of India is a party and have agreement.
Our immediate demand is -
· The whole incident must be investigated by a neutral agency appointed by the Commission
· The victim’s family should be duly compensated and rehabilitation for their loss
· BSF should guard the actual borders and not stationed inside villages
· Punitive actions should be taken against the negligent BSF personnel
Thanking You,
Yours truly,
Kirity Roy
Secretary, MASUM
Details of the victim-
1. Bharat Mondal, Son of Late Tarapada Mondal, aged about 32 years, village - Char Rajapur Paschim Colony, under Raninagar police station area, Murshidabad district.
Details of the victim-
1. Minati Mondal, wife of Bharat Mondal, aged about 30 years, village - Char Rajapur Paschim Colony, under Raninagar police station area, Murshidabad district.
2. Monoj Mondal, son of Bharat Mondal, aged about 15 years, village - Char Rajapur Paschim Colony, under Raninagar police station area, Murshidabad district.
3. Soma Mondal, daughter of Bharat Mondal, aged about 13 years, village - Char Rajapur Paschim Colony, under Raninagar police station area, Murshidabad district.
Date and Time of the incident – On 02.10.2021, at around 11:30 am
Place of the incident – Near Char Rajanagar outpost no. 10, in victim’s own land across the international fencing.
Details of the perpetrators –
· 3/4 BGB personnel attached with Kalaimari BGB camp in Bangladesh
· BSF personnel attached with Char Rajanagar BOP, 117 BN BSF, responsible for guarding the international border and looking after the safety and security of the Indian citizen
Details of the incident - Bharat Mondal, a poor marginalized peasant from Char Rajapur Paschim Colony village of Murshidabad district sustains a family of four, earning a meager income by working in his agricultural field. The field is located on a ‘Char’ inside Indian territory between the international border fencing and the International Border Pillar (IBP). The distance of the IBP from his field is about 1 kilometer. On 2.10.21 at around 10:00 am he went out of his house, which is situated on the Indian side of the fencing. At around 11:00 am he submitted his Aadhaar card as identity proof to the on-duty BSF jawan posted at the gate of outpost no. 10, Char Rajanagar BSF camp in order to cross the fencing and reach his agricultural field. It is a common practice at the West Bengal-Bangladesh border that villagers in order to cross the fencing and reach their houses or agricultural fields have to mortgage their identity documents to the BSF. At around 1:00 pm as Bharat Mondal was working in his field along with other villagers, 3/4 BGB (Border Guard of Bangladesh) personnel attached with Kalaimari BGB camp came to the spot and apprehended Bharat. The other villagers present in the area, being scared, escaped from there. Some of them later revealed that Bharat was handcuffed by the BGB personnel and beaten up brutally while they took him along with them. At around 6:30 pm, the BSF personnel attached with Char Rajanagar BSF camp noticed that the entry made by Bharat Mondal is still registered as he didn’t return from his field and collect his Aadhaar card from the BSF outpost. They informed Bharat Mondal’s family at that time. While asking the other villagers who went to the field along with Bharat, Ms. Minati Mondal, Bharat’s wife, was informed about the incident. She immediately rushed to the Char Rajanagar BSF camp and begged the BSF officers to contact with the BGB authorities and rescue her husband. In a while the BSF officer informed Ms. Minati Mondal that a flag meeting has been organized with the BGB authorities at around 9:00 pm. Later the flag meeting was postponed to 9:00 am next day on 3.10.21. However, at around 8:30 am on 3.10.21, many of the villagers received a viral image in whatsapp, where the body of Bharat Mondal is seen floating in a water body with handcuffs in his hands but the location of the body is unrecognizable. The flag meeting was again postponed to 7:00 pm that day. It has been reported that during the flag meeting the BGB officials stated that they had arrested Bharat Mondal as he crossed the border into Bangladesh illegally. But as they were taking him to their camp on a boat, he jumped into the river in an attempt to escape and went missing. Ms. Minati Mondal informed the incident to the Murshidabad Superintendent of Police via whatsapp (from Mobile no. 7384936025 to no. 9564100100) on 4.10.21 but no proper action has been taken yet. The family doesn’t even have the whereabouts of Bharat Mondal’s body.
Constitution of Bangladesh guarantees in its Article 31, “ ….. action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law”. Bharat Mondal was arrested while he was working in Indian territory. Before he was killed he was in the custody of BGB. So Government of Bangladesh is duty bound to respect its constitutional mandate and take proper step accordingly.
The villagers of Indo-Bangladesh border villages live under similar circumstances, where they are under constant threats from foreign intruders. Similiar incident of killing Indian citizen by the Border Guards of Bangladesh, namely Prasenjit Pramanik of Bansghata village of Bagdah PS, North 24 Parganas, on 30 August 2020, being NHRC Registration No. 1710/25/15/2020 –PF was acknowledged but no effective action was taken. While the BSF is responsible for guarding the international border and protecting the citizen of the country, it is a huge failure on their part as they are stationed inside villages located about 1 kilometer in some places and 10 to 15 kilometers in some other places. There are several instances where Bangladeshi criminals intrudes inside Indian lands and ransack crops of Indian citizenry incurring grave losses. In all these instances, the BSF is a silent spectator as they are posted inside villages leaving the borders unguarded. Bharat Mondal is another casualty, where the recklessness of the BSF is to be blamed solely.
Bharat is dead but Bharat, my country is still alive with its Constitution. Question is how many Bharat will be killed in the hands of armed forces for not performing duties of the people who are paid from public exchequer! When will the rights enshrined in our Constitution come to the hands of our marginalized people, like Bharat!