Gross human rights violation by BSF
How much shedding of blood will draw the attention of the Bangladesh government regarding the issue of indiscriminate killing across border areas? The ruthless killing of ill-fated people of Bangladesh across the border areas by the Border Security Forces (BSF) of India has become a serious matter of concern from national perspective. Over the last few years, almost thousand wretched Bangladeshi nationals have been shot dead or brutally tortured by BSF. Many people routinely move back and forth across this frontier to visit relatives, buy supplies, and look for jobs as well as for both petty and serious crime. BSF claims that they simply perform their routine duties like patrolling illegal activities, especially narcotics smuggling, human trafficking for sex work, transporting fake currency and explosives as well as restraining militants who are plotting violent attacks. BSF justifies the killings by claiming that suspects usually evade arrest, or that they have to fire in exercising self-defense. But suspicion of a crime or evasion of arrest cannot alone justify the use of lethal force. Bangladesh shares with India a long border area comprising 4095.7 kilometres, the longest international border India shares with any country. This huge border area has certainly caused hazard to residents living in 111 Bangladesh enclaves in India and 51 Indian enclaves in Bangladesh. The sequence of diplomatic talks has now been sustained over several years but the basic issue of border crisis has not advanced significantly.
This regrettable issue gives birth to certain questions:
− Are the people living across the border areas really safe and enjoying anxiety free lives?
− Has the State been able to guarantee to the people living at or near border, their constitutional right to life and right to personal liberty?
− Isn't the sovereignty of the country going to be questioned if more and more people are routinely killed by foreign forces without justified reasons?
− Is it good for the people of both neighbouring countries regarding their mutual intelligibility and tolerance?
According to the Constitution of the Peoples' Republic of Bangladesh, State shall not show any discrimination to any of its citizen. Besides, all citizens are equal before law and are entitled to equal protection of law. The citizens are also entitled to enjoy the protection of right to life, property and personal liberty. The continuous infringement of rights of the border people seems to have making fun of their Constitutional rights.
Matters of concern
* From the year 2000 – 2012, approximately 954 people have been reported to have lost their lives brutally and unfortunately by the BSF soldiers with a nominal seven (07) incidents of prosecution and punishment by the Indian authority which seems ridiculous.
* In the name of preventing infiltration, trafficking and smuggling, there have been numerous cases of indiscriminate use of force, arbitrary detention, torture, and killing by BSF, without adequate investigation or punishment.
* Despite continuous commitment by Indian government to take timely measures against indiscriminate killing at border, the occurrences of killing and torture are increasing alarmingly.
* Smugglers belong to both countries but lot more Bangladeshi people have been killed indiscriminately comparing to Indian nationals.
* BSF soldiers ignore the most basic rule of law, 'the presumption of innocence.' They just go for indiscriminate firing without warning even when someone raises hands to surrender or doesnot try to escape or run away. Some incidents showed that BSF soldiers had shot few victims in the front rather than in the back which simply amounts to murder.
* The Indian government has constructed around 3436.59 kms of fence close to the border to contain the infiltration of economic migrants from Bangladesh, as well as militant groups responsible for attacks on Indian citizens. This has imposed limitations on freedom of movement of the Bangladeshis wanting to access their own land closer to the border.
* Hundreds of complaints of mistreatment by the border forces have been filed, but no member of the force has been prosecuted. The local police forces rarely register complaints against border security and sometimes encourage the victims to drop their cases, telling them that nothing will come of it.
* A humanitarian crisis is fermenting in the name of national security and relocation of fencing by the Indian government.
* Such a situation could well have led to exaggerated problems between the two neighbouring countries and exterminate political, economic and cultural harmony. Besides, such rampant situation may equally change the attitude of the common people and develop reciprocal hatred.
Recommendations
* Both the governments should adopt a democratic solution on the land boundary issue. They need to open a joint independent investigation to turn the situation around. A series of border management agreements may be made to build and sustain mutual confidence.
* The actual convicted BSF soldiers must be prosecuted for serious human rights abuses.
* The border security forces should be more humane and consider cases more compassionately. They should apply nonviolent means before resorting to the use of force and firearms.
* The Bangladesh government should vigorously protect the right to life of its citizens, even those who may be involved in illegal trade, and should call upon the Indian government to exercise restraint.
* The Bangladesh government should also call upon the Indian government to relocate fencing at reasonable distance from the zero line of international border.
* Timings for peoples' ingress to enclaves should be more flexible.
* With the aid of globalization, open border trade should be commenced to avoid trafficking of goods and cattle which eventually leads to border killing.
Clearly, the two countries have much to talk about on the recent turbulence on the border. It is desirable that more careful border management should be institutionalised so that there is no repeat of the recent events that neither side seemed to have wanted. A joint action is needed to ensure this.
The writer is an assistant professor of Law, Premier University, Chittagong, Bangladesh.
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