Legal Awareness workshops conducted in association with MASUM and others

PBKMS organizes workshops post increase in jurisdiction of the BSF in three states in association with civil society partners

Paschim Banga Khet Majoor Samity (PBKMS) in association with MASUM (Banglar Manabadhikar Suraksha Mancha), RTFWN (Right to Food and Work Network) and other civil society partners organizes a series of workshops, interactive sessions and awareness camps on rights guaranteed by the Indian constitution and legal safeguards provided by the justice delivery system. The need to have such a series of engagements was felt after the recent increase in the operational jurisdiction of the Border Security Force (BSF) was flagged by the civil society as a regressive step in furthering the civil and political rights of citizens. The Ministry of Home Affairs has taken a unilateral decision to increase the jurisdiction of BSF from 15 kilometres to 50 kilometres (from the International border towards the Indian territory) in the states of Punjab, Assam and West Bengal. 

The experience of the populace residing in the areas close to the International boundary with Bangladesh points to the severe restrictions imposed by the BSF which often interferes with the provisions of article 19 of the Indian constitution, guaranteeing certain fundamental rights to the citizens of the nation. The constant presence of 'men in uniform' in villages, which are in no way threatened by any foreign nation in close proximity, limit the access to women to public spaces and may have a negative impact on the psychology of children. The paramilitary force in the areas close to the International boundary with Bangladesh often stands guard deep within Indian territory with reports of increasing interference in livelihood activities and free movement of the populace. Even cases of torture, sexual harassment, enforced disappearances and custodial deaths have been repeatedly highlighted by human rights networks and complainants had to face hurdles in even registering their grievances against the BSF. Hence, the existing experience of the local people raises apprehensions on further curtailment of civil rights after the increase in their jurisdiction. The force has also powers of initiating arrest, search and seizure in their operation areas which draws them into a turf war with the state police force. Apprehensions of high handedness and unreasonable use of such powers have given way to a certain anxiousness amongst the people residing within the present jurisdiction with limited grievance redressal mechanisms in place.

Crucial judgements in the context of the numerous provisions of the Code of Criminal Procedure (CrPC) and rights of citizens during lodging of a complaint with the police department have been discussed in the workshops. The need to be vocal in upholding the rights of fellow citizens and the importance of active community involvement have also been stressed to build a democratic resistance against any measures towards curtailment of the rights of people.    

Shri Sujoy Singh Roy from MASUM conducting a session in Raninagar-1 block, Murshidabad     

Com. Uttam Gayen, General Secretary of PBKMS addressing the participants of Raiganj workshop

Shri Kirity Roy, Secretary of MASUM addressing the participants of Raiganj workshop

Shri Kirity Roy, Secretary of MASUM delivering the keynote address at the Badu, Kolkata workshop

The sessions ended with a call to embark on a campaign with the following central demands in association with various civil society organizations and networks in West Bengal:

• Revoking the decision to increase the operational jurisdiction of BSF
• Placing the BSF at the zero point of the International border and not in villages on the Indian side

PBKMS protests against the increase in operational jurisdiction of the BSF

Civil Society organizations submit deputations at regional centres of the BSF in West Bengal to protest against the unilateral decision of the union home ministry to increase the jurisdiction of the paramilitary force

On the occasion of the 57^th Raising Day of the BSF (Border Security Force), PBKMS (Paschim Banga Khet Majoor Samity) and numerous civil society partners submitted deputations under the banner ‘Amra Simantabasi’ (We the border people) at their regional centres in districts across West Bengal. In Kolkata, we took out a protest march from Minto Park which culminated at the paramilitary force’s Eastern Command headquarters with the submission of a deputation to the commanding officer.

The union ministry on 11^th October, 2021 brought out a notification proclaiming an amendment of a 2014 notification to extend the jurisdiction of the BSF to 50 kilometres inside Indian territory from the international border in Punjab, West Bengal and Assam. The paramilitary force will now be able to conduct search, seizure and arrest up to 50 kilometres inside Indian territory which will be similar to the imposition of martial law on a large number of residents. We condemn the unilateral decision of the central government to infringe upon the subject of law and order which is an exclusive domain of the state government. The political leadership also did not feel the need to initiate a dialogue with the opposition as well as the civil society to discuss the need for bringing out the notification.

The population residing at the border areas have also complained about the high handedness of the stationed BSF personnel time and again and civil society groups have brought out shocking incidents of violation of human rights ranging from illegal detention to torture and violation of the dignity of women.    

We have stated the following demands in the deputations and demand charter submitted to the BSF officials:

• The paramilitary force should remain at the International border and make sincere efforts to prevent any disruption in the normal lives of the residents of bordering areas. The continuous presence of armed personnel in villages should be avoided.

• All complaints on violation of human rights by the paramilitary force should be impartially probed.

• As ordered by the Hon’ble Supreme Court of India in the Anuradha Bhasin case, section 144 should cease to be continuously in force in the border areas.

• The notification of the union home ministry on the increase in jurisdiction of the paramilitary force should be revoked immediately.

• Often the lands and ponds of the farming community fall on the other side of the barbed wires. They should be allowed access to them from 06:00 hours to 18:00 hours. 

• The paramilitary force should adhere to its constitutional limits and uphold the fundamental rights of the population residing at the border areas, especially the provisions of Article 14 (Right to equality), Article 19 (Freedom of movement in Indian territory) and Article 21 (Right to life).

After submission of the deputation in Nadia

Members before a procession to the main camp of BSF in North 24 Parganas

We are also organizing workshops and awareness camps for our activists, coordinators and the general membership of the union residing at the border areas to discuss the implications of the concerned notification. Various provisions of the CrPC (Code of Criminal Procedure) and the constitutional rights of Indian citizens will also be taken up for discussion to enable people in seeking redressal against possible grievances on the operations of the BSF in the areas under their jurisdiction.

In solidarity:

Banglar Manabadhikar Suraksha Manch

Members of Right to Food Network, West Bengal

PSU

Shramajivee Mahila Samity

SDTU

AIKKS

Bandi Mukti Committee

Friends of Democracy

RYF

AIRSO