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INDIA: Coconut vendor badly abused and illegally detained by Border Security Forces in West Bengal

May 17, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

18 May 2005
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UA-79-2005: INDIA: Coconut vendor badly abused and illegally detained by Border Security Forces in West Bengal

INDIA: Abuse, Impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal, about the abuse of a poor coconut vendor at the hands of the Border Security Forces (BSF) in Muradpur village, West Bengal.

Khalil Uddin is a hawker, selling coconuts mainly in Dakshin Ghoshpara village, under Jalangi police station and travels from one village to another on his bicycle. On 11 May 2005, at about 2 p.m, when he reached the BSF outpost, one of the BSF jawans asked Khalil to cut him a coconut which he did. However, when Khalil asked for money, the BSF jawan not only refused to pay but along with 3 other colleagues started assaulting him. When Khalil fell to the ground, they kicked him with their military boots and then dragged him to the nearest BSF camp where they further abused him.

 Some villagers noticed the BSF abusing Khalil and informed other fellow villagers. A huge crowd soon gathered in front of the BSF camp. Khalil was released from the BSF custody only in the evening.

The next day, Khalil along with his brother, lodged a complaint against the perpetrators with the Jalangi Police Station (General Diary Entry No 1137). However, the police did not start criminal proceedings. The victim, with the support of MASUM, wanted to lodge a complaint in the court on May 16. However, he was threatened by a group of armed men involved in illegal activities, such as cross border smuggling, with the help of BSF personnel, and was therefore unable to.

MASUM has contacted the Jalangi Police Station many times but no action has been taken. Please immediately send a letter to the Director General of Police of West Bengal, asking him to intervene and order an impartial investigation by an independent authority in this case. The perpetrators involved in the abuse should be punished as also the armed men responsible for threatening the victim. The victim, along with his family, should be provided with security. An investigation in cross border smuggling and other illegal activities in which the BSF is involved should also be looked into carefully and steps should be taken to stop this from happening in the future.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION

Name of the victim: Khalil Uddin Shah, age 55, Son of Late Ukil Uddin Shah
Address: Dayarampur village, Jalangi PS, Murshidabad district, West Bengal
Alleged perpetrators:
BSF jawans:
1. Habibullah Khan
2. Three other Jawans
Local Armed Men all of Dayarampur village:
1. Bablu Shah s/o Ummat Ali Shah
2. Tujam Mollah s/o Safdar Mollah
3. Hossain Mollah s/o Abdul Kalam Mollah
4. Bujlur Rahman Mollah s/o Ismail Hossain Mollah
5. Abdus Samad shah s/o Karim Shah
6. Others

Date of the incident: 11 May 2005, 2 p.m and 16 May 2005
Place of the incident: Muradpur village, BSF outpost and Dayarampur village

Case Details:

Khalil Uddin, is a coconut vendor from Murshidabad district, who travels on his bicycle from one village to another selling coconuts. He was, however, not always been poor. His family owned large agricultural lands, which were however washed away by the Padma river thus depriving Khalil and his family of a comfortable living. Khalil then resorted to selling coconuts in order to survive and make a living.

On 11 May 2005, when Khalil reached the BSF outpost on his bicycle, one of the jawans, Habibullah Khan, stopped him and asked him to cut a coconut, which Khalil did. However, when he asked to be paid, the jawan along with 3 others started to assault him. Using filthy language, they kicked him with their military boots and pushed him to the ground and then dragged the injured man to the nearest BSF camp where they detained him illegally for several hours.

A few villagers who had seen the abuse alerted others and within three hours of the incident, hundreds of villagers assembled in front of the BSF camp. It was only then that Khalil was released from the BSF custody.

The next day, Khalil, along with his elder brother, went to the Sadikhandeoar rural hospital for treatment and then lodged a complaint against the perpetrators at the Jalangi Police Station (General Diary Entry No. 1137). However, the police did not start criminal proceedings and when MASUM enquired as to why, Sub-Inspector Mr Amal Jana said he had no idea as to why an FIR (First Information Report) had not been filed, though it was a cognisable offence.

The victim, with the help of MASUM, then decided to move to the criminal court and approach the court. On May 16, when Khalil was on his way to the court, he was stopped by a local armed gang who threatened him not to lodge a complaint against the BSF men. It is alleged that all the members of this gang have a strong hold of the local administrative machinery, including the BSF, and are heavily involved in various illegal activities, including cross border smuggling. The head of the gang, Bablu Shah is an ex-BSF personnel and it is purported that they operate openly with the support of BSF personnel attached with the Post Commandant and the Major of Dayarampur BOP camp (under Battalion No. 51).

No action has been taken against the perpetrators despite MASUM having contacted the Jalangi Police Station several times with the latest information. However, abuse and torture by BSF is not new and many reported incidents in the past few years have proved the involvement of the BSF personnel in cases of abuse, torture, illegal detention and even killings. The AHRC strongly condemns such misuse of power, impunity of the guilty personnel and autocratic attitudes of the BSF authority in West Bengal and urges you to intervene in this case on a priority basis. All those responsible for Khalil's abuse should be punished. Action should be taken against the errant police officers who failed in their duty to file an FIR after the victim's complaint. The armed gang of men who threatened the victim should also be punished. The victim and his family should be provided with security until the investigation is completed. We also urge the West Bengal government to look into the illegal activities carried out by the BSF personnel and ensure that steps are taken to put an end to this.


SUGGESTED ACTION:
Please send a letter to the Director General of Police, West Bengal urging him to immediately order an impartial investigation into this incident.

Sample letter:

Dear Mr. Ajay Prasad,

Re: Coconut Vendor badly abused and illegally detained by Border Security Forces in West Bengal

Name of the victim: Khalil Uddin Shah, age 55, Son of Late Ukil Uddin Shah
Address: Dayarampur village, Jalangi PS, Murshidabad district, West Bengal
Alleged perpetrators:
BSF jawans:
1.Habibullah Khan
2. Three other Jawans
Local Armed Men all of Dayarampur village:
1.Bablu Shah s/o Ummat Ali Shah
2.Tujam Mollah s/o Safdar Mollah
3.Hossain Mollah s/o Abdul Kalam Mollah
4.Bujlur Rahman Mollah s/o Ismail Hossain Mollah
5.Abdus Samad shah s/o Karim Shah
6. Others

Date of the incident: 11 May 2005, 2 p.m and 16 May 2005
Place of the incident: Muradpur village, BSF outpost and Dayarampur village

I am extremely distressed to hear about the abuse of Khalil Uddin, a poor coconut vendor at the hands of the Border Security Forces in Muradpur village, West Bengal. Khalil is a hawker, selling coconuts mainly in Dakshin Ghoshpara village, under Jalangi Police Station and travels from one village to another on his bicycle.

On 11 May 2005, at about 2 p.m, when he reached the BSF outpost, one of the BSF jawans asked Khalil to cut him a coconut which he did. However, when Khalil asked for money, the BSF jawan not only refused to pay, but along with 3 other colleagues, started assaulting him. When Khalil fell to the ground, they kicked him with their military boots and then dragged him to the nearest BSF camp where they further abused him.

Some villagers noticed the BSF abusing Khalil and informed other fellow villagers. A huge crowd soon gathered in front of the BSF camp. Khalil was released from the BSF custody only in the evening.

The next day, Khalil along with his brother, lodged a complaint against the perpetrators with the Jalangi Police Station (General Diary Entry No. 1137). However, the police did not start criminal proceedings. The victim, with the support of MASUM, then attempted to lodge a complaint with the court on May 16. However, when Khalil was on his way to the court, he was stopped by a local armed gang who threatened him not to lodge a complaint against the BSF men. It is alleged that all the members of this gang have a strong hold of the local administrative machinery, including the BSF, and are heavily involved in various illegal activities, including cross border smuggling. The head of the gang, Bablu Shah is an ex-BSF personnel and it is purported that they operate openly with the support of BSF personnel attached with the Post Commandant and the Major of Dayarampur BOP camp (under Battalion No. 51). Because of this threat, the victim was not able to lodge his complaint.

MASUM contacted the Jalangi Police Station many times but no action has been taken.  I thereby urge you to immediately intervene in this case. The perpetrators involved in the abuse should be punished as also the armed men responsible for threatening the victim. The victim along with his family should be provided with security. An investigation in cross border smuggling and other illegal activities in which the BSF is involved should also be looked into carefully and steps should be taken to stop this from happening in future.

Yours sincerely,


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SEND A LETTER TO:

1. Mr. Ajay Prasad
Director General of Police
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91-33-2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in 


SEND A COPY TO:

1. Mr. A.K. Deb, IAS
Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Tel: +913322145656
Fax: +913322143001
Email: sechome@wb.gov.in

2. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Calcutta-700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

3.Mr. Ajay Raj Sharma
Director General BSF
Block 10, CGO Complex
Lodhi Road
New Delhi -03
INDIA
Tel: +91 11 24362181
Fax: +91 11 24360016
Email: bsfhq@hub.nic.in

4. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-79-2005
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.