BSF indicted, ministry makes amends

India’s National Human Rights Commission (NHRC) has indicted the Border Security Force (BSF) for extrajudicial killings and sexual violence and made the Ministry of Home Affairs pay a compensation of 800,000 rupees to the victims.

News Deskbdnews24.com
Published : 23 August 2013, 05:44 PM
Updated : 23 August 2013, 07:37 PM

The Asian Centre for Human Rights (ACHR), which issued a press release on Friday welcoming the compensation, said the government decision followed NHRC directives.

On Nov 30, 2010, BSF jawans shot dead Khoka Mia when he tried to prevent his daughter Tulu Aktar’s molestation by the border guards, while his two sons, Abdul Kalam and Badhsa Mia, were injured in the firing.

The incident had taken place at Amzadnagar, Belonia, South Tripura, the ACHR release said.

The rights body had filed a complaint with the NHRC on Dec 1, 2010 against these BSF violations.

The Tripura Police had registered an FIR against the BSF personnel for offences under several sections of the Indian Penal Code.

However, they were unable to arrest the accused, as the BSF authorities refused to hand them over.

The Tripura police later filed a charge-sheet against three BSF guards in the Court of the Sub-Divisional Judicial Magistrate, Belonia, on April 30, 2012.

The NHRC reacted sharply to the BSF’s refusal to cooperate with the judicial magistrate.

“It is a sorry state of affairs that where women’s rights are violated by Armed Forces, the senior officers of the Armed Forces are declining even to cooperate with the process issued by the Court,” the NHRC is quoted as saying in the ACHR release.

The ACHR says Yadvendra Singh, Deputy Inspector General (Operations) of the BSF, had in his letter of Mar 24, 2011 to the NHRC stated that the BSF’s Staff Court of Inquiry had found no substance in the allegation of attempted rape.

He also told the NHRC that the BSF enjoyed immunity under the BSF Act of 1968 and Section 45 of the Criminal Procedure Code for discharging official duty.

But the NHRC held that “Molestation, attempt to rape etc are not the offences committed by the person in the dis-charge of his duties.”

The ACHR also quotes the NHRC as having said that “The Commission notes that the Staff Court of Inquiry held by the BSF has already absolved them. It has found that this is almost invariably the case with BSF Courts of Inquiry, staffed by junior officers, whose primary concern seems to be to protect their colleagues rather than to uphold the law.”

Having rejected the BSF’s defences, NHRC recommended payment of compensation and the Ministry of Home Affairs agreed to comply.

Photo credit: Shib Shankar Chatterjee

The ACHR release says Tulu Aktar would be paid 200,00 rupees, 500,000 rupees to the next of kin of the deceased Khoka Mia, and 50,000 rupees each to Abdul Kalam and Badhsa Mia.
“This is a classic case of treatment of cases of violence against women by the Indian security forces where all attempts are made to protect the culprits,” Suhas Chakma, Director, Asian Centre for Human Rights, has said.
He has urged the NHRC not close the case until the Ministry of Home Affairs complies its directions to inform the Commission about the steps the government would take to ensure that the three BSF personnel are tried for the crimes they are suspected to have committed.