From: Kirity Roy <firstname.lastname@example.org>
Date: Tue, Jun 26, 2012 at 3:42 PM
Subject: Inhuman torture by BSF upon a DALIT and subsequent threat
To: NHRC <email@example.com>, firstname.lastname@example.org, "nhrc.india" <email@example.com>
Cc: "Member NHRC Mr. Satyabrata Pal" <firstname.lastname@example.org>, jrlawnhrc <email@example.com>, Chief Minister West Bengal <firstname.lastname@example.org>, Chief Secretary Gov of WB <email@example.com>, Secretary Home Dept Gov of WB <firstname.lastname@example.org>, BSF DG <email@example.com>, firstname.lastname@example.org, DG BSF <email@example.com>, IG South Bengal BSF <firstname.lastname@example.org>, email@example.com
26 June 2012
National Human Rights Commission
I want to draw your attention on yet another incident of brutal torture upon a person belongs to socio- economically marginalized section. Mr. Sudarshan Mondal, a young migrating labour from Schedule Caste community was murderously attacked and tormented by the Border Security Force personnel. In this case the BSF personnel used unauthorized and unconventional weapons; sickle to attack the victim. Our fact finding revealed that the person was trying to smuggle out few cattle.
I am deeply concern about the broadly accepted notion of the BSF and other actors about the use of unjustified force upon the 'might be' cross border smugglers. An unwritten sanction is there for such use, which is against any civilized law.
A comprehensive fact finding report is appended herewith for your easy reference.
In this regard I demand for:-
- Physical and psychological integration of victim, family members and witnesses must be protected
- The BSF personnel must be booked in accordance to appropriate legal provision
- The complaint made by the victim to the Superintendent of Police; Murshidabad must be treated as an FIR
- Victim must be duly compensated for his incurred financial loss due to unemployment and medical expenses
Name and other details of the victim: Mr. Sudarshan Mondal, son of Mr. Sitanath Mondal, aged about 35 years, a resident of village- Char Durgapur, Post Office- Harudanga, under Raninagar police station of Murshidabad district, a migrating wage earner belong to Schedule Caste community
Name and other details of the perpetrator: 4 on duty uniformed Border Security Force personnel attached with Rajanagar Camp of 91 Battalion of Border Security Force
Date and time of the incident: 3.11.2011 at about 5.00 am
Mr. Sudarshan Mondal, son of Mr. Sitanath Mondal, aged about 35 years, a resident of village- Char Durgapur, Post Office- Harudanga, under Raninagar police station of Murshidabad district is a wage laborer, frequently migrating to different states for wage earning. Sudarshan belongs to schedule caste community. He was out of his village from March 2011 to October 2011, he returned back to his native in last week of October 2011. On 3.11.11 at early morning he went to Char Nabipur with his companions with an intention to smuggle out few cattle. At about 5.00 am, while they were at an open field adjacent to Rajanagar- Ashramtala- Mahadeb Hat, the above mentioned BSF personnel noticed them. The BSF personnel started firing at the air and started chasing them. The victim and his associates tried to flee from the scene but were captured. Sudarshan lost his balance and fell down at the field. Then, the BSF personnel seized him and hit with a sickle on his head. Sudarshan wounded and profusely bled became unconscious. His wife; Ms. Sonali Mondal, Mr. Swapan Mondal and Mr. Kalu Mondal - both sons of Mr. Tarapada Mondal, Mr. Ashok Mondal; son of Mr. Upen Mondal and many others, who witnessed the incident took him to Godhanpara Primary Health Care Center by arranging a vehicle. The attending doctor at the said Health Center referred him to Bahrampur New General Hospital. He was advised for CT Scan of his head and it was done on 4.11.11 by his own cost. He was admitted there till 7.11.11 and after his discharge still required medical treatment.
The BSF personnel warned him not to lodge any complain and shattered Sudarshan opted for that, but after continuous counseling by our organization, he ultimately made a complain before the Superintendent of Police- Murshidabad on 18.05.2012.
Now, he is totally broken due to his ill health and financial crisis. He is in brink of devastation and not in a position to continue his treatment.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : firstname.lastname@example.org