[IAC#RG] Woman from Scheduled Caste community physically assaulted by BSF, police did not arrest though chargesheeted. NHRC at last ordered for compensation

National Human Rights Commission New Delhi, India

Case Details of File Number: 1006/25/6/2016
Diary Number	85750/CR/2016
Name of the Complainant	KIRITY ROY, (MASUM), AND NATIONAL CONVENOR (SECRETARY)
Address	BANGLAR MANAVADHIKAR SURAKSHA MANCHA, 40A, BARABAGAN LANE (4TH FLOOR), BALAJI PLACE, SHIBTALA, SRIRAMPUR,
	HOOGHLY , WEST BENGAL
Name of the Victim	RENUBALA BARMAN W/O PARESH BARMAN
Address	VILLAGE. DEWANBAS-BHARBANDHA, DINHATA, PS. COOCH BEHAR,
	COOCH BEHAR , WEST BENGAL
Place of Incident	VILL. DEWANBAS-BHARBANDHA, DINHATA
	COOCH BEHAR , WEST BENGAL
Date of Incident	4/10/2016
Direction issued by the Commission	The complainant has stated that a woman belonging to Scheduled Caste was abused and physically tortured by BSF personnel while she was returning to her home with a basket full of cow dung which she had collected from the adjoining villages. The victim woman has lodged a complaint to the SP, Coochbehar, WB but the BSF personnel are still at large. The BSF personnel have violated Article 2, 5, 7 & 8 of the United Nation Code of Conduct for Law Enforcement officials. They have also violated Articles 7 and 17 of ICCPR (International Covenant on Civil and Political rights), and Article 21 of the Constitution of India. The complainant has requested that the BSF personnel may be booked immediately. Hence, the complainant has sought the intervention of the Commission. The Commission took cognizance of the matter on 28.07.2016 and directed to transmit a copy of the complaint to the concerned authority calling for a report within four weeks. Pursuant to the directions of the Commission, the Dy. Secretary, Govt. of West Bengal, Home & Hill Affairs Department, Human Rights Branch, Kolkata, vide his communication dated 23.02.2017has filed the report of SP, Cooch Behar, West Bengal, dated 13.01.2017 along with the report of SDPO, Dehata, Cooch Behar dated 26.12.2016. A report of DIG (Ops) BSF dated 01.12.2016 is also on the record. His report reveals that the allegations against the BSF are false, and baseless. The SP's report reveals that on the complaint of the complainant Ms Renubala Barman, wife of Paresh Ch. Barman of Bharbhanda, PS Dinhata, Distt. Cooch Behar against on duty BSF Personnel vide Dinhata PS Case No. 827/16 dated 15.09.2016 u/s 341/326/34 of the IPC has been registered. After completion of the investigation, the case ended in charge sheet vide Dinhata PS Charge sheet No. 1172/16 dated 22.12.2016 u/s 341/325/34 of the IPC. The Commission has considered the report. The Commission perused the record and observes that prima facie the allegation against the BSF official in case at Crime No.827/16 dated 15/09/2016 u/s 341/326/34 of the IPC, PS – Dinhata, Cooch Behar, have been established because, FIR has been registered against the delinquent BSF officials and charge sheet has also been filed before the Court of Law against 2 BSF personnel, meaning thereby that the BSF personnel have violated the human rights of Smt. Renubala Barman. On the other hand, the report submitted by the Ministry of Home Affairs, dated 06.12.2016 does not inspire confidence as it appears that the complainant had been subsequently pressurized to give statement in favour of BSF personnel. The Commission, therefore directs its Registry to issue a notice to the Secretary, Ministry of Home Affairs, Govt. of India, New Delhi to show cause as to why monetary compensation of Rs.50,000/-only (Rupees Fifty thousand only) should not be recommended to be paid to the victim Smt. Renubala Barman, u/s 18 (a) (1) of Protection of Human Rights Act, 1993, for violation of her human rights. The Secretary, Ministry of Home Affairs, Govt. of India, may submit the reply to the show cause notice within eight weeks.
Action Taken

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Kirity Roy

Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in

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