5 April 2019
National Human Rights Commission
Manav Adhikar Bhawan
Block- C, GPO Complex, INA
New Delhi- 110023
Here I want to draw your attention towards the incident of severe torture on a Muslim youth and his wife both belonging from Other Backward Caste of Daharkanda village under Swarupnagar police station area of North 24 Parganas district in West Bengal. The victim, Mr. Rabiul Gazi, aged about 24 years and his wife Sabana Bibi, aged about 24 years, was brutally beaten up by the Border Security Force personnel attached with Bithari Border Outpost of the Border Security Force, 76 Battalion, A Company.
The BSF personnel smacked down Rabiul near his house and also beat up his wife, when she came for his rescue. Rabiul’s sister, Mafusa Bibi and brother, Kamrul Gazi was also beaten up by the perpetrator BSF personnel and verbally abused with Hindi slangs, when they came for rescue.
The incident violates the rights guaranteed in Article 21 of Indian Constitution and also the premise of Article 6, 7 and 12 of International Covenant on Civil and Political Rights as well as the Goal No. 3, 9 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. This act of offence by Border Security Force personnel and subsequent inactive role of police was against the pledge; which the Government of India has taken during the Fourth World Conference on Women; known as Beijing Declaration; where the government had said that they are determined to prevent and eliminate all forms of violence against women and girls.
Under the circumstances we demand:
· The whole incident must be investigated by a neutral agency appointed by the commission
· The guilty Border Security Force personnel involved must be booked and prosecuted in open court
· The victims must be compensated
· Security and safety of the victim must be protected.
National Convener, PACTI
Details of the victims –
1. Mr. Rabiul Gazi, son of Late Malek Gazi, Village – Daharkanda, P.O. – Hakimpur, P.S. – Swarupnagar, N 24 Parganas, West Bengal, PIN – 743273
2. Mrs. Sabana Bibi, wife of Rabiul Gazi, Village – Daharkanda, P.O. – Hakimpur, P.S. – Swarupnagar, N 24 Parganas, West Bengal, PIN – 743273
3. Mr. Kamrul Gazi, son of Late Malek Gazi, Village – Daharkanda, P.O. – Hakimpur, P.S. – Swarupnagar, N 24 Parganas, West Bengal, PIN – 743273
4. Mrs. Mufasa Bibi, daughter of Late Malek Gazi, Village – Daharkanda, P.O. – Hakimpur, P.S. – Swarupnagar, N 24 Parganas, West Bengal, PIN – 743273
Details of the perpetrators –
1. Naveen Sanar, Constable attached with Bithari Border Outpost, 76 Battalion, A Company
2. Uttam Kalal, Constable attached with Bithari Border Outpost, 76 Battalion, A Company
Details of the incident – On 26.03.2019, Rabiul Gazi, a farmer by profession went to Bithari market to sell the vegetables that he produced in his agricultural field. On his way back he bought one kilogram of beef from the market for his family. At around 10:00 am near his house in Daharkanda Uttarpara he was stopped by the BSF personnel, namely, Naveen Sanar and Uttam Kalal posted there. The BSF personnel noticing the packet of beef in his hand asked him what’s in the packet. To that Mr. Rabiul Gazi replied that he is taking beef for his family. Suddenly the two BSF personnel attached with Bithari Border Outpost, 76 Battalion, A Company became furious and started beating up Rabiul with their sticks. He was also slapped and kicked by the perpetrators. Witnessing the incident from his house, Rabiul’s wife Sabana Bibi, his younger brother, Kamrul Gazi and sister, Mafusa Bibi came running to rescue her husband. The BSF personnel started beating them up as well. There were no lady BSF personal in the spot; the male personnel beat up women ruthlessly and verbally abused them with slangs. Few neighbours, namely, Mr. Kuddus Sardar, son of Hossen Sardar and Mr. Tarikul Gazi, son of Late Saidul Gazi witnessed the whole incident from close proximity. They heard the BSF personnel threaten Rabiul and his family by saying that if they complain against the incident anywhere, they will be framed with illegal arms and narcotics cases. Later a BSF ‘G’ branch officer along with local Panchayet member, Mr. Bajlu Rahman Dafadar came to the spot for investigation. The BSF ‘G’ branch officer stated that the perpetrator BSF constables have committed a mistake. Bithari Hakimpur Panchayet member, Mr. Bajlu Rahman Dafadar has visited the victim’s house on several occasions following the investigation. He has constantly requested the victims to not lodge any complaint against the perpetrator BSF personnel. At around 5:00 pm on the same day, the victims, Rabiul and his wife Sabana went to the Sarapul Rural Hospital in Swarupnagar for treatment after the injury they suffered from the incident. On 29.03.2019, Mr. Rabiul Gazi sent a written complaint to the Sub-Divisional Police Officer of Basirhat trough registered post informing the whole incident but till date no action from the police has been taken.