INDIA: BSF allegedly killed 14-year-old 

Dear friends,

The Asian Human Rights Commission (AHRC) has received shocking information from MASUM, a human rights organisation in West Bengal, detailing the killing of a 14-year-old boy by the Border Security Forces (BSF) operating along the Indo-Bangladesh border. The boy resided just 30 meters from the border and on hearing some commotion outside his residence, came out and saw BSF officers chasing smugglers. The boy was taken from his home and mercilessly beaten by the BSF officers. Later four shots were fired piercing through the young boy’s chest resulting in his death.

Mithun was a 14-year-old boy studying in the sixth grade. His father works as an agricultural labourer and possesses 10 katha (0.16 acre) of land near the Indo-Bangladesh border. Mithun lived with his parents and his elder brother. On 28 June 2006 at about 4am, Mithun was alarmed by some commotion outside his home. It was alleged that at the time, BSF officers were chasing smugglers and Mithun was mistaken as an accomplice. The BSF officers dragged Mithun away for interrogation and began beating him ruthlessly with riffle butts thereby smashing his skull. Four shots were fired penetrating the young boy’s chest killing him instantaneously.

Mithun’s body was found lying on the ground at 10.30am, almost five hours after his death. The local police arrived at the scene and transferred the body to Lalbagh Hospital for a post mortem examination. The body was later cremated at the Baharampur crematory.

In the midst of the pain of losing his son, Mithun’s father visited the police station on the same day to lodge a complaint against the BSF officers. However, the Officer-in-Charge (OIC) of the Raninagar Police Station refused to file a First Information Report (FIR). To date, no investigation has been undertaken and no witnesses have been called to account for the incident.

On learning the facts of the case, MASUM’s fact-finding team visited the scene of the killing and talked with the victim’s family, villagers, Gram Panchayat [local body] members and eyewitnesses. MASUM also contacted the police station and was informed that a specific police case [vide Raninagar PS, Case no. 129 dated 28 June 2006 under Sections 147/148/186/353/307 of the Indian Penal Code] was registered and initiated upon a written complaint by Mr. Srikumar B.K., the Company Commandant, 136 Battalion, BSF, Harudanga post, Murshidabad district. The grievance that was lodged against Mithun was classified as a criminal complaint, while the complaint lodged by Mithun’s father was ignored and dismissed by the local police.

Subsequently, Sub Inspector Mr. Ayub Ali Molla who was appointed as the Investigating Officer of the case informed MASUM that in the case, the BSF had registered Mithun’s age as being 20. However a certificate issued by the principal of the primary school where Mithun was studying indicates that Mithun was born on 4 March 1993.

When the MASUM followed up on the case they were informed that the inquest report by Mr. Ayub Ali Molla confirmed that there were large cut marks and injuries sustained by the victim, probably due to the use of a sharp weapon on his head and left hand. Bullet wounds were also found in the chest and back of the victim’s body. This was a clear case of murder. Mithun was a minor and an unarmed civilian, who posed no threat to the officers. Even though in this instance force was employed on the pretext of combating smuggling, it was nevertheless inexcusable that a 14-year-old boy was tortured and killed.

BACKGROUND INFORMATION:

India shares a considerable border with Bangladesh, which is extremely porous. The border crosses rivers, villages, paddy fields and jute fields, making it easy to cross. For many years, this border has been facing problems of illegal immigration, smuggling, arms trafficking, drug trafficking and the trafficking of women and children. To deal with some of these problems, India has deployed border security forces to deal with infiltration at the border. However, no consideration has been afforded to people near the border area, a “no man’s land”, who have predominantly been branded as immigrants from Bangladesh and thus have been discriminated against at various levels.

The Government of India erected boundary fencing and a boundary road to prevent ‘infiltration’. In many places of Nadia, Murshidabad, North 24 Parganas, South 24 Parganas, Dinajpur and other areas. This fencing and border road (BSF road) runs 5-10 kilometres inside the Indian territory from the actual border. In these areas, many of the local people who have resided there for centuries cannot gain entry into their own land without the ‘permission’ of the BSF. In many areas, school buildings, temples, and mosques fall on the other side of the fencing. Only two times a day can people use this border road or enter or leave from the fencing gate: once in the morning for half-an-hour and once in the evening for half-an-hour.

Farmers are dependent upon the protection of the BSF to continue their livelihood and are also at their mercy. Due to this situation, common legal remedies are meaningless and farmers are prevented from voicing their concerns.

Mithun’s murder is only one of the many human rights violations that the AHRC has reported on in recent times regarding the Border Security Forces operating along the Indo-Bangladesh border (please see UA-184-2006,UA-174-2006, UA-146-2006, UA-217-2005, UA-79-2005, FA-04-2005 and UA-18-2005). Evident from these cases is that the BSF personnel enjoy absolute impunity and it has become common practice for officers to profit from illegal trade and to exploit situations by colluding with smugglers.

SUGGESTED ACTION:

Please write to Mr. Srikumar Mukherjee, The Minister of State, Government of West Bengal seeking his intervention. Please also send copies of your letter to the other authorities named below. The perpetrators should be punished for the arbitrary use of force and the government should take immediate cognisance of the cross-border smuggling and the continuous infiltration of the Indo-Bangladesh border. Despite having brought this to the notice of the authorities many times in the recent past, little seems to have been done in this regard. We hope that this case will once again highlight the urgency of this matter so that many lives can be saved in the future. Action should also be taken against the local police who have failed to act properly on the complaints filed by the victim’s family.

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