6 December 2013
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
On the day of 21st anniversary of demolition of Babri Masjid, I want to draw your kind attention on incident of harassment upon an innocent muslim woman, namely Ms. Saleha Bibi who wanted to start a business of Saree and readymade garments at her own village to earn her livelihood in a decent way. But the BSF personnel of Bithari BOP BSF Camp started to harass the victim in the way of restraining him to run her business. The victim lodged petition before the Inspector General, Border Security Force, Kolkata. But she did not get relief from any quarter till date. Our attached fact finding report gives details of the case.
The whole matter clearly demonstrates that the right to life, liberty and freedoms of the victim and her family members as enshrined in the Articles 14, 19 and 21 of Indian Constitution has been grossly violated by the purposeful omission of duty of the Company Commander of Bithari BOP BSF Camp, which was supported by the higher ups also. In our one previous complaint, order was passed by NHRC in its case no. 44 / 25 / 13 / 08 – 09 – PF / OC, in Saiful Mondal case; the Ministry of Home Affairs issued a standing order to all units of BSF.
In the present case, it is a glaring example how the BSF personnel clearly violates the circular of Ministry of Home Affairs issued by Mr. R. R. Jha; Joint Secretary of HR dated on 07.04.2011 wherein stated “BSF as a Border Guarding Force should not be involved in regulating movement of rice and other grocery items purchased by persons in border areas either for their consumption or for local trade.” (para -1) “BSF has accordingly been advised that they need not object or fix quota of rice/flour etc. that the villagers might bringing to their border villages after purchasing them from the local market either for their own consumption or for local tread.”(para 2).
For your perusal, I am hereby pasting scan images of few documents. Ms. Saleha Bibi paid taxes regularly, renewed licence regularly. Till date there was no complaint against her.
Hence we seek your urgent intervention in this matter in the following manner:-
- The victim must be allowed to run his business peacefully and any illegal act on the part of the B.S.F. officials to obstruct in the business of the victim must be booked.
- The Border Security Force officials must take appropriate steps to sensitise its own force to prevent inhuman and discriminative acts upon villagers.
- The victim must be provided adequate protection and compensations.
& National Convener, PACTI
Name of the victim: – Ms. Saleha Bibi, wife of- Mr. Rashid Sardar, aged about- 23 years, by faith- Muslim, residing at Village + Post Office- Hakimpur, Block + Police Station- Swarupnagar, District- North 24 Parganas, West Bengal, India.
Name of the perpetrator: – The Company Commander of Bithari BOP BSF Camp under North 24 Parganas district and his associates.
Case details: –
It is revealed during fact finding that the victim is a permanent resident of Hakimpur village under North 24 Parganas district. Her husband Mr. Rashid Sardar is working as a daily labourer to earn their livelihood which was not enough to carry on their livelihood efficiently. As a result, in the year of 2011, the victim planned to start a new business of Saree (wearing cloth of women) and readymade garments to change their impecunious monetary situation. In the year of 2011, the Bithari- Hakimpur Gram Panchayet issued a trade licence to her name to start a business of Sarees and readymade garments at Hakimpur vide Trade Certificate Issue no. 1250 dated 01.11.2011. On the same year, she made an affidavit by declaring that she wanted to run her business vide 4182 dated 24.10.2011 at the Additional Chief Judicial Magistrate Court, Basirhat But from the year of 2011 to till now, the BSF officials posted at Bithari BOP BSF Camp continuously restraining her to run her own business without disclosing any reason. It was alleged by her that previously she was carrying some garments for her business. But the some BSF personnel restrained her while she was passing near to the said camp. She tried to say them that one trade licence was issued by the Bithari- Hakimpur Gram Panchayet to carry her business. But the posted BSF guards did not allow her to run business as her name was not enlisted to their (BSF) entry book and she was told that only enlisted persons would be allowed to run their business. The BSF personnel advised her to meet with the company commander. The victim later meet with the company commander and furnished all documents which were necessary to run her business. The company commander of the said camp examined all her documents and decided not to give permission to run her business. The victim tried to know the reason. But the said company commander insulted her by saying that ‘we do not have time to talk with you on this matter.’ Afterwards the victim returned from that BSF camp. It was alleged by the victim that presently she and her family members are deprived of their livelihood due to the restriction imposed by the BSF personnel of Hakimpur BOP BSF Camp.
On 28.11.2013, the victim lodged a written complaint before the Inspector General, Border Security Force, Kolkata informing the incident of infringing the right to life of the victim and his family members by the BSF personnel due to the restriction imposed by the BSF personnel of Hakimpur BOP BSF Camp. But she did not get relief from any quarter till date.
Check the fact finding —saleha bibi-341