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Again and again – Bangladeshi women children were sent to prison. Government officials are violating order of Government of India with IMPUNITY

Kirity Roy MASUM

Kirity Roy, MASUM

The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023

Respected Sir,

I want to draw your attention on the matter of continuous arrest, detention and subsequent judicial remand of two families Bangladeshi women and children. The detention of those women with children discloses a shocking state of affairs which is in total disregard of basic human rights and governments’ own directive. I made several complaints to the Commission over the issue but sorry to say that the Commission also failed to take requisite action over the issue.

On 16.06.2016 at about 5.10 pm, three Bangladeshi women namely Ms. Parul Sarkar wife of Mr. Paritosh Sarkar aged about 35 years resident of village-Mahadev Nagar, P.O.-Varukhali, P.S.-Satkhira, District-Satkhira, Bangladesh, Ms. Bina Rani Sarkar wife of Mr. Ruidas Sarkar resident of village + P.O.- Mamotkati, P.S.-Paikgacha, District-Khulna, Bangladesh and Ms. Latifa Begum, wife of Mr. Saifull Gain, aged about 24 years, resident of village-Borokupot, P.O.-Nayaboki, P.S.-Shyamnagar, District-Satkhira, Bangladesh were apprehended by Border Security Force personnel of Tarali Border Outpost of 76 Battalion, ‘D’ Company while they tried to enter Indian territory near the said BOP without valid documents. Those three women were subsequently handed over to Swarupagar police station under North 24Parganas district by the BSF. The police of the said police station registered a criminal case vide Swarupnagar Police Station Case no.479/16 dated16.06.2016 under section 14 of Foreigners Act. The above mentioned women were produced in the court of Additional Chief Judicial Magistrate, (ACJM) Basirhat on the next day and they are currently detained at Dum Dum Central Correctional home. Ms. Bina Rani Sarkar has two babies namely Master Abhijeet Sarkar aged about 8 years, Master Jaideep Sarkar aged about 5 years and Ms. Latifa Begum has one baby namely Sabinoor aged about 2 years with her. Those babies are also staying with their mothers in the aforesaid correctional home. Again, they were produced before concerned court after 14 days. They were still languishing in Dumdum Correctional Home.

It was revealed during the fact finding that aforementioned Bangladeshi women are hailing from poor and needy family of Bangladesh. They have no occupation to earn their living in their country. Without any means of livelihood, they came to India with the help of agents in search of job; the agents have tacit liaison with the BSF to facilitate cross border movement. It was revealed that men and women from Bangladesh keep coming from Bangladesh and go to Mumbai, Delhi and other metropolitans to earn their living as daily labourer, mason and domestic help. Most importantly I want to mention that the above mentioned women having no connection and involvement with any illegal activities; specially trafficking, rather they have to leave with their families for life and livelihood. But it seems that the officials of the Government of India as well as the Government of West Bengal have no concern over the decision taken by the government.

In this context, instead of repatriating them to their home country, they were implicated into criminal case for coming to India without any valid papers. This act of the concerned authorities by initiating prosecution against the women is against the standing instruction of the office memorandum No. 14051/14/2011-F.VI of Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012. In this memorandum it has been clearly stated that “(IV) it is seen that in general, the foreign victims of human trafficking are found without valid passport or visa. If, after investigation, the woman or child is found to be a victim, she should not be prosecuted under the Foreigners Act. If the investigation reveals that she did not come to India or did not indulge in crime out of her own free will, the State Government / UT Administration may not file a charge sheet against the victim. If the charge sheet has already been filed under the Foreigners Act and other relevant laws of the land, steps may be taken to withdraw the case from prosecution so far as the victim is concerned. Immediate action may be taken to furnish the details of such victims to the Ministry of External Affairs (Consular Division), Patiala House, New Delhi so as to ensure that the person concerned is repatriated to the country of her origin through diplomatic channels” and (v) During the interim period, pending repatriation, the victim may be taken care of in an appropriate children’s home, or “Ujjawala” home or appropriate shelter home either of the State Government concerned or of any NGO aided by the Government of India / State Government.’

Therefore, I seek your urgent intervention in this case and demand for following actions:-

  • A neutral enquiry should be initiated by your own investigating agency over the continuity of this wrong
  • During pendency of the investigation those three Bangladeshi women with the children should be shifted to a shelter home immediately and further repatriated to their home country.
  • The concerned law enforcing agencies must be taken into legal course of action for not complying the standing instruction of the office memorandum No. 14051/14/2011-F.VI of Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012.
  • Any other action as the Commission may deem fit and proper.

Thanking you
Yours sincerely

Kirity Roy
Secretary, MASUM
National Convener,PACTI

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