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 

PBKMS and SMS take to the streets to enforce the ‘Bharat Bandh’ called by the Samyukt Kisan Morcha

Paschim Banga Khet Majoor Samity (PBKMS) and Shramajivee Mahila Samity (SMS) have been at the forefront in campaigning against the ‘anti-people' farm legislation brought in by the current political dispensation at the centre. The scant regard for the opposing views on the provisions of the legislation has led to their ratification without proper debates and discussions in both houses of the parliament. The definite tilt of the legislations towards corporatization of the Indian agriculture sector spells doom for the small and marginal farmers. A calculated omission of the minimum support price mechanism along with the intention of dismantling the Agricultural Produce Market Committee(s) exposes the vulnerable agricultural households to fluctuating market prices. Contract farming provisions disregard the in-equal power relations between a small farmer and a corporate entity which may often result in exploitation of the former due to virtually non-existent monitoring mechanisms. The impact on food security will also be massive with the farm legislations foretelling the gradual retreat of the state from ensuring food security of the nation through the public distribution system. The latest amendments carried out in the Essential Commodities Act, 1955 removes the restrictions on stocking of certain essential commodities which may certainly lead to hoarding and increase in retail prices of such commodities with a direct impact on the food basket of vulnerable households. 

Hence, on comprehending the ‘pro-corporate bias in the recently ratified farm legislations we have begun our struggle against their forceful imposition without taking into consideration the concerns raised by our farmers. On every call given by the Samyukt Kisan Morcha and farmers’ associations, we have expressed our solidarity with the cause and planned as well as executed campaigns along with other civil society organizations across West Bengal.

Celebrating India's 75th Independence Day

Paschim Banga Khet Majoor Samity celebrates the august occasion of the nation's 75th Independence Day with much fervor across its field areas in more than 12 districts in the state of West Bengal. The block and district units hoisted the national flag and speeches on the significance of the day were delivered by our senior activists. We are in the middle of an ongoing national campaign demanding the rollback of draconian sedition and anti-terror laws while reiterating the constitutional framework guaranteeing freedom of speech and expression of citizens. The campaign was launched just after the denial of bail to the late Jesuit priest and activist Fr Stan Swamy which led to his untimely death. 'Right to Dissent' has been the campaign's theme, which is leading a dialogue amongst fellow citizens on state-led repression of dissenting voices and penchant to frame dissenters under sedition and terror laws, denying them the right to seek redressal under usual provisions of the Code of Criminal Procedure. 

Our block and district units read out 'pledge' declaring our unflinching commitment towards the values espoused by the constitution of our nation and working towards establishing a society based on them. The need to protect the 'dissenting voices' and to collectively oppose the state policies discouraging dissent in any form featured in the pledge. The preamble of the constitution was also readout. On every Independence Day, we highlight the need to ensure access to basic citizen services and upholding the 'right to life of every individual through nutrition, health, education, shelter and work. Last year we began a dialogue on the need for a robust Public Distribution System to address hunger and lack of access to basic food items for vulnerable sections of the society on Independence Day and highlighted the inadequacies of the present system. This year too, we gave a call to increase the entitlement of ration cardholders and to universalize the Public Distribution System for the nation's working-class should not celebrate another Independence Day on an empty stomach. Paschim Banga Khet Majoor Samity is committed to joining the progressive forces to ensure an equitable future for each citizen of India and express solidarity to the people's movements across the nation, asserting the rights of the marginalized sections over natural resources and access to constitutional rights.