Scheduled Caste villagers are denied latrine, water, irrigation facilities and whimsical restriction to cultivate their own land, 70 years gone with IMPUNITY

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19 February 2019

To                     The ChairpersonNational Human Rights Commission,

 Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi-110023

Respected Sir,

I want to bring into your kind attention, the harassment on the poor villagers of Bagdogra under Kuchlibari Police Station, Block and Sub-division Mekhliganj, in Coochbehar district, West Bengal; caused by the Border Security Force (BSF) personnel attached with ‘E’ Company of 45 Battalion at Bagdogra Border Outpost, by restricting their movement through Gate No-35, 36 and 37. All the people live in Bagdogra Village belong to Scheduled Caste Community. About 300 families live in the said village and 95% people earn their livelihood by agriculture. Almost all of them have agricultural lands situated beyond the barbed fencing amounting more than 500 acre. BSF constructed Barbed Wire somewhere 500 meters, somewhere 900 meters even somewhere 1 kilometer inside India from the actual Indo-Bangladesh border posted inside the Indian Territory, not in actual border line.

All villagers are from Scheduled Caste Community.

The major problems faced by the villagers of this area are restrictions caused by the BSF while going into their fields for the purpose of agriculture through the aforesaid Gates. BSF keeps the gates open for only three hours in a day and villagers have to deposit their Identity Card and register their name before BSF personnel posted at the respective gate. Whether they have finished their work done or not, they have to return back within that period of time. The villagers receive torture from BSF without following their illegal rules. Whenever the villagers lodge complaint before BSF in this regard, they do not pay any attention to their words. BSF kept the Gates open all the day a year back but since then they imposed whimsical restrictions in the name of security of the country.

If necessary, villagers can not carry more than two cattle at a time for their agricultural work. Government did not take any initiative for irrigation and electrification in the in the area and villagers somehow made irrigation system for them by their own. Despite having sufficient land in the area, Government has not constructed road outside the barbed wire resulting problems for the farmers to bring their crop from their farmland. According to the villagers of the area, the expenditure is more than what they earn from one bigha of land.

BSF has imposed restriction on cultivating corn and jute whimsically. According to BSF these crops are raised in height and it prevents the security of the country. In this challenging situation, villagers are facing tremendous financial loss and so many of them forced to migrate outside of the state in search of livelihood for their family which damages the safety of their family and the education of children.

Other than restrictions by bordering guards, villagers of  Bagdogra under Kuchlibari Police Station also deprived of —-

  1.     About 60% of populace do not have latrine in their houses. Hence open defecation is common in this village.
  2.     There is no pipeline of drinking water in this village. Some villagers erected tube well in their houses  of their own. Rests are depending on those tube wells.
  3.     There is no irrigation in this village.
  4.     Before one year, those gates 35,36 & 37 were open all along in the day time. Now new rule imposed by the posted BSF ‘E’ Company of 45 Battalion. Thus villagers are restricted to enter his own land to cultivate.
  5.     Villagers are denied to cultivate corn, jute in their lands. Some verbal orders of BSF causing tremendous economical loss to the villagers.
  6.     In given situation, many villagers finding no other alternative left the village , now working as different states; such as —
  •   Mr. Bolen Roy son of Bhubin Roy
  •   Mr. Tubai Roy son of Haripada Roy
  •   Mr. Ramen Roy Dakua son of Kamala Roy Dakua
  •   Rakam Roy son of Paresh Chandra Roy
  •   Shamvu Roy son of Paresh Roy
  •   Sadhan Roy son of Sunil Roy
  •   Uttam Roy son of Suresh Roy & many others

These incidents are violating the Article 21 and Article 19 of the Constitution of India which reads as “No person shall be deprived of his life or personal liberty except according to procedure established by law” and “All citizens shall have the rights to move freely throughout the territory of India” respectively. The incidents of Bagdogra village, is also against the premises of Article 12 of International Covenant on Civil and Political Rights; the Government of India ratified the said UN instrument. These incidents are also against the Goal No. 2 and 16 of Sustainable Development Goal set by United Nations General Assembly in 2015 to end hunger including achieve food security and to promote just, peaceful and inclusive societies respectively.

Hence I request your urgent intervention in this matter with the following demands:-

a.    The BSF authority must be directed to protect the interest of the villagers.

b.    The BSF should be posted in the border, not in the village.

c.    Victims should be allowed to pursue their occupation and livelihood like cultivate their own agricultural lands without any unreasonable restriction

d.    BSF officials posted there, respected officers of Mekhliganj Block Development Office should be booked in The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 Section 3.

Thanking you,

Yours sincerely

Kirity Roy

Secretary, MASUM

National Convener – PACTI