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#India – Bangladeshi woman was raped by BSF – sent to prison with her child #Vaw #WTFnews

 

23 August 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

 

Respected Sir

 

I want draw your attention on an incident of shameful sexual offence committed on a Bangladeshi woman by the Border Security Force personal at bordering district of 24 Parganas (North). In this awful incident the BSF personal committed on the woman in front of her 6 years old minor son. The woman was trying to cross the Indo – Bangladesh border with her husband and minor son after reaching the place from Mumbai where her husband used to work as helper of mason. The family living in penury were used to cross the border on and off to visit their native and at their workplace. The victim woman was produced before the ACJM Court by the police, from where she was sent to correctional home with her minor son and husband, in accordance to the 14 Foreigners Act. But it was again in violation of office memorandum No. 14051/14/2011-F.VI of Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012, which clearly stated that “the woman or child is found to be a victim, she should not be prosecuted under the Foreigners Act. If the investigation reveals that she did not come to India or did not indulge in crime out of her own free will, the State Government / UT Administration may not file a charge sheet against the victim. If the charge sheet has already been filed under the Foreigners Act and other relevant laws of the land, steps may be taken to withdraw the case from prosecution so far as the victim is concerned. Immediate action may be taken to furnish the details of such victims to the Ministry of External Affairs (Consular Division), Patiala House, New Delhi so as to ensure that the person concerned is repatriated to the country of her origin through diplomatic channels” and (v) During the interim period, pending repatriation, the victim may be taken care of in an appropriate children’s home, or “Ujjawala” home or appropriate shelter home either of the State Government concerned or of any NGO aided by the Government of India / State Government.’

The victim woman lodged a complaint against the BSF personal, which was also registered by the police. We have unconfirmed report that BSF higher ups suspended the accused BSF personal but he was not arrested or remanded till date.

I am attaching a report in detail which is self explanatory in nature and demand for:-

·       The incident must be investigated by an independent agency with urgency

·       The BSF personal must be arrested at once

·       The victim woman with her minor son must be transferred to any care home from the correctional home (prison), her safety and security must be ensured and any interference by police and BSF must checked during the whole investigation process

·       All the guidelines of NHRCon custodial rape must be followed in letter and spirit

·       The victim must duly compensated for her loss

 

Sincerely Yours

 

(Kirity Roy)

Secretary- MASUM

Name of the victim :-  Ms.  Rajna Begum(30 years) (name changed)  wife of Mr. Munna Seikh, lives at Village-Marolia, Post office- Marolia Bajar, Police Station- Kalia, District- Norail, Bangladesh.

Name of the perpetrator: –   Mr. Surajit Debvarma, Border security Force (BSF) constable of Angrail BSF camp, Battalion Number- 40, Under Gaighata Police Station of District – 24 Parganas (North)

Place of incident:-  Indo- Bangladesh Bordering village- Khedapara under Gaighata police station

Date and Time of the incident: –  On 11th July 2013 at around 11 am.

Case Details:-    Ms. Rajna Begum  and her family is living under utter penury and used to visit Mumbai for sustenance . They have a minor child named Iman Sk (6 years). Her husband, Mr. Munna Seikh was migrated to Navi, Mumbai for employment. In search of livelihood they used to cross the Indo- Bangladesh border time and again for visit their native and place of employment.

On 11th July 2013 at around 11 am Ms. Rajna Begum with her husband and child and some other Bangladeshi tried to enter Bangladesh at Khedapara village near to Angrail BSF camp under Gaighata Police station.  After getting information of the cross border movement at the place, BSF personnel came at the spot. The Bangladeshi nationals flee from the scene after seeing BSF personnel approaching them.  Ms. Rajna Begum with her son Mr. Iman Seikh tried to hide them at a lemon orchard of the Khaderpara village.  One BSF constable; Mr. Surajit Debvarma of Angrail BSF camp chased them on that lemon orchard. Mr. Devbarma asked the woman to sleep with him and assured let her free in return but the woman refused to oblige his physical advances and which made Mr. Devbarma furious, he tore her lower apparel and after putting his trousers down raped the woman in front of her 6 years old son.  He warned the victim not to reveal the incident and said otherwise she would be killed with his son. When the perpetrator BSF left that place, few of her companions came at the vicinity and she described the horrific sexual offence on her.

This news was broke as wildfire and it also reached to Angrail Border Security Force camp. On that day only some other BSF personnel from the said camp came to the victim at the bordering village of Khadepara where she was consoled by the locales and took her and her family members to Angrail BSF Camp, where BSF recorded her statement, where she came to know about the name of the errant, as she told, later she was brought to Gaighata police station by the BSF personnel of the said camp. The police personnel of Gaighata Police Station registered a case against the victims vide case number 514/13, under section 14 Foreigners Act Dated 11/07/2013, GR Number- 1419/2013 and produced before the Additional Chief Judicial Magistrate Court; Bongaon and sent her with her husband and minor son to Bongaon Sub Divisional Correctional Home. We came to know that the victim woman; Rajna denied for her medical examination, it was revealed by the Chief Public Prosecutor; Bangaon Additional Chief Judicial Magistrate Court, but her 164 Cr.P.C. statement has been recorded. On the same date Ms. Rajna Begum filed a complaint against the BSF personal in Gaighata Police Station which was registered vide Gaighta PS case number 515/13 dated 11/07/2013 under section 376(2) (b) of Indian Penal Code (being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him).

Some media also covered the news & the link is pasted below

 

http://www.anandabazar.com/archive/1130712/12pgn2.html

 

 

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