Suicide of a woman recently harassed and assaulted by the Border Security Forces officer (follow-up of case IND 070109.1.CC and IND 120209)

Suicide of a woman recently harassed and assaulted by the Border Security Forces officers / Risk of further assault against her children who have become orphans /Impunity of the perpetrators

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information on the following situation in India.

New information

The International Secretariat of OMCT has been informed by MASUM, a member of OMCT SOS-Torture Network, that on 12 April 2009, Mrs Jharna Bala committed suicide by swallowing a poisonous substance at her home in Angrail village, West Bengal. For months, Mrs Bala and several members of her family, including two of her sons who are less than 18 years-old, had allegedly been assaulted and were continuously harassed by the Border Security Forces (BSF) officers.

According to the information received, Mrs Jharna Bala took the poison on 12 April 2009 and was first admitted to Dr. J.R. Dhar Sub-Divisional Hospital, Bongaon, District North 24 Parganas, before being transferred to R.G. Kar Medical College and Hospital where she finally succumbed on April 13 at around 9 pm.

According to the same information, about 15-20 days before she committed suicide, Mrs Bala was reportedly harassed by a BSF constable identified as Mr. Karno Singh. While she was working in the farming land, the constable snatched her mobile phone and accused her of being engaged in illegal cross-border transports of goods with smugglers. She vehemently protested against the accusation and her mobile phone was only returned to her after a strong altercation. Before leaving the area, the constable threatened her with dire consequences. In the view of MASUM and OMCT, there are strong reasons to believe that Mrs Jharna Bala’s vulnerable situation, due to the numerous recent occurrences of assaults and harassments against her and her family, was at the origin of her suicide.

The International Secretariat of OMCT is gravely concerned about the consequences of her suicide for her children who have become orphans (their father also died more than a year ago) and who had already been severely beaten and threatened by BSF officers and who now risk becoming even more vulnerable. In this regard, OMCT fears that Ms. Bala’s children might be subjected to further violence in the future.

Reminder of the situation

According to the information received from MASUM, early in October 2008, some BSF officers entered Bala family’s house in the village of Angrail, West Bengal, while they were chasing smugglers close to that place, and asked Bala brothers whether they had seen the smugglers. Being unable to answer, the boys were slapped on their face by the BSF officers and, when their mother Mrs Jharna Bala protested, the officers threatened the family with serious consequences.

Then, on 19 October 2008, Sujit Bala, who was 16 years old at that time, was assaulted by five BSF officers (of which one was identified as Assistant Commandant Bhagat Singh Rana from Angrail BSF Camp). They reportedly entered the house, forcibly took Sujit out and started to beat him, including with rifle butts, all over his body. The beatings only stopped when the boy fell unconscious. At that time, the BSF officers left him bleeding, in front of his house. Sujit was subsequently taken to Jiban Deep Nursing Home from where he was rapidly transferred to Sub-divisional hospital of Bongaon where he received stitches for injuries to his head and on his left hand. He remained hospitalized during four days.

Later on 19 October 2008, the victim’s mother, Mrs. Jharna Bala, lodged a first complaint at Gaighata police station on 19 October 2008 against the BSF officers considered responsible. According to the information received, this was not registered as a formal criminal complaint but simply recorded in the General Diary of the police station (entry n° 943/2008 dated 19.10.2008). Furthermore, on October 20, Mrs. Bala lodged further written complaints before the highest representatives of the police administration in the district (i.e. Superintendent of police, Sub-Divisional Officer and Sub-Divisional Police Officer). No action was taken until Mrs. Bala received a letter dated 30 December 2008 where the Sub-Divisional Officer informed her that Gaighata police station had started a case n°431/2008 under sections 341, 325, 34 and 506 of the Indian Penal Code and was proceeding to an investigation. In addition to alleged procedural irregularities, there are suspicions that the police voluntarily lowered the level of gravity of the acts and consequently charged the BSF officers with bailable offences. Until now, no action has been taken against the perpetrators.

Moreover, from the time she lodged complaints, Ms. Jharna Bala and her sons had been frequently threatened. For example, on 25 October 2008 around 9 a.m., several BSF officers came into her house and tried to forcibly take her elder son away. Thanks to strong resistance by the local residents, they failed. When the officers left the place, they threatened the Bala family, including with death, because of the complaints they had lodged.

According to the same source, on 15 January 2009 around 1:30 p.m., Avishek Bala, aged 15 years old at that time, son of Mrs Jharna Bala, as well as his cousin Sanjit Bala, aged 18 years old, were reportedly assaulted by BSF officers. They were first severely beaten with bamboo sticks in front of Mrs Jharna Bala; then they were brought to the Angrail BSF camp where they were and for two hours and forced to sign blank papers before being released. The two victims were relatively rapidly released probably due to MASUM’s intervention. They were brought to the Sub-Divisional Hospital of Bongaon where a medical examination reported that the phalanx of the left index finger of Avishek Bala was fractured. The physical condition of Master Sanjit Bala deteriorated and he had to enter J.R. Dhar Sub-Divisional Hospital of Bongaon on 21 January 2009 where he remained under treatment till 25 January.

Two weeks later, on 1 February 2009 around 9 a.m. Mrs Jharna Bala and her son Pradip Bala, aged 19 years old, were also reportedly subjected to physical assault by BSF officers in the backyard of their house. Pradip Bala was insulted and beaten with a wooden stick by Mr Bharat Majhi, known for accomplishing ferrying for the BSF in the area. While Pradip Bala protested, some villagers intervened, rescued him and brought him to a nearby house to protect him. Consequently, Mr. Bharat Majhi allegedly left the place threatening the victim with dire consequences. He reached the house of the Bala family along with BSF officers and they started severely beating Mrs Jharna Bala. One of the BSF officers, Mr. Ashok Sindhe, Constable of BSF as identified by Mrs Bala, reportedly pounced on her and beat her brutally on her nose and face. The perpetrators then left the place threatening to kill Mrs Bala’s sons if the complaints she had lodged against the BSF in October 2008 were not withdrawn. Mrs Jharna Bala was admitted to the Sub-Divisional Hospital, Bongaon, on 1 February 2009 and left the day after.

Finally, according to information received from MASUM, on 2 February 2009, Mr. Bipul Biswas, brother of Mrs Jharna Bala and father of Sanjit Bala, lodged a complaint to Gaighata Police Station about the latest incidents. Instead of registering a formal criminal complaint, the officer in charge simply recorded the complaint in the General Diary of the police station under the following reference: General Diary Entry no. 87/2009 dated 2.2.2009. Moreover, on 3 February 2009 Pradip Bala lodged a written complaint on behalf of his mother Mrs Jharna Bala before the Sub-Divisional Officer, Bongaon.

Action requested

Please write to the authorities of India urging them to:

1. effectively guarantee, in all circumstances, the physical and psychological integrity of the Bala family and particularly the three sons of Jharna Bala namely Sujit Bala, Avishek Bala, who are both less than 18 years-old, and Sanjit Bala and her nephew Pradip Bala who had been already severely assaulted by BSF officers;
2. call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these incidents, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
3. ensure that adequate compensation is provided to the victims and their family;
4. guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards and, in particular, guarantee the safety and the physical and psychological integrity of all children throughout the country and adopt immediate measures to put an end to grave violence against children and youths.

Addresses

• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857
• Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979.
• Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Email: supremecourt@nic.in
• Mr. M. L. Kumawat, Director General, BSF, Block No. 10, CGO Complex, Lodhi Road, New Delhi 110003, Tel.: + 91 11 24362181, +91 11 24360016
• Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
• National Commission for Protection of Child Rights, 5th Floor, Chanderlok Building, 36 Janpath, New Delhi - 110 001, Email: cp.ncpcr@nic.in ; ms.ncpcr@nic.in , Website: www.ncpcr.gov.in
• Mr. Gopalkrishna Gandhi, Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax: +91 33 – 2200 2444 / 2200 1649, secy-gov-wb@nic.in
• Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata - 27. Phone +91-33-24797727, 24791629, Fax - 24799633, Email: wbhrc@cal3.vsnl.net.in
• H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int

Please also write to the embassy of India in your respective country.

Geneva, 24 April 2009

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.